In January and the beginning of February, the entire Criminal Law class (LLB Year 1) is migrating to the Old Bailey, under a new ‘Class in Court’ initiative co-designed by the Head of the Law Department at Goldsmiths, Prof Dimitrios Giannoulopoulos, and recently appointed Visiting Professor in Law, HHJ Angela Rafferty KC, sitting on the South Eastern Circuit, based at the Central Criminal Court (the Old Bailey).
Professor Giannoulopoulos’ lectures on the criminal process (that run alongside Dr Dymock’s and Dr Minetti’s lectures on substantive criminal law) would take place in the classroom, as in every other module, but under the ‘class in court’ initiative, lectures have now been transferred to Court 8 and the historic Court 2 at the Old Bailey (for the next 3 weeks).
This gives the Criminal Law class unprecedented access to our central criminal court and those who play leading roles in the criminal process, spatially situating their learning: the students learn about the ‘architecture’ of the Crown Court trial from within the Court, by looking around from where they sit, across the room, encountering key criminal process players in the professional environment from where they daily operate.
40 students attended the first lecture. The class arrived at the Court at 4 pm. Less than an hour earlier, the courtroom was still in operation. There were young individuals in the secure dock (with high walls, made of glass panels) there. As part of an exercise, our students were given access to the dock. HHJ Judge Rafferty asked them to stand up, read them fictitious charges and asked them to plead ‘guilty’ or ‘not guilty’. ‘I did not even do something, and I was sweating’, commented one student later, when Judge Rafferty asked them to reflect on the experience. This also led to a conversation about secure docks and the students were invited to look into existing research into the topic. “You don’t realise the power dynamic until you’re in (this Court)”, observed another student later. A little earlier, another student was invited to sit on the Judicial bench, on the Judge’s seat, and to react from there to a procedural point that HHJ Rafferty made from the floor.
The lecture started with a reflection by HHJ Rafferty on the ‘architecture’ of the Crown Court trial, explaining where each party sits and how the architecture influences the process, delving into some intriguing historical facts even. Prof Giannoulopoulos followed on, to compare and contrast with criminal trials in Continental European courts, highlighting the operation of hybrid/mixed tribunals that combine lay jurors with professional magistrates, explaining where they would sit, where the prosecutor would sit, how that differed from the common law model, how the architecture reflected diverging institutional structures, how the changing physiognomy of criminal courts even echoed changing socio-political conditions (taking the example of an investment programme in France that is placing emphasis not so much on ‘punishing in order to intimidate but to allow citizens to understand the demands of justice, and to integrate courts in the city’; an architectural focus on modern, transparent, efficient, ecological spaces had been adopted as the means to achieve this objective there, explained Prof Giannoulopoulos. The Old Bailey courtrooms were feeling radically different, from the angle of the main hall, with all its majesty for instance (‘The Law of the Wise is a Fountain of Life’, you can read on the imposing ceiling), or from within the courtrooms, with their inherently austere character.
HHJ Rafferty then spoke about the role of the judge in the criminal trial and at sentencing, with illustrations, as well as the modern duties and responsibilities of the Judge. This included the selection process for Judges (HHJ Rafferty is a JAC commissioner) and the constitutional role of the judiciary in England and Wales. The tone was highly inspirational and it was no surprise that students were overheard after the lecture talking about careers in criminal law. They surrounded Judge Rafferty and kept asking her questions long after the end of the lecture.
The lecture also began to explore elements of the process in Crown Court trials. Judge Rafferty and Prof Giannoulopoulos went into conversation mode, about the significantly different role of Judges in Crown Court trials and hybrid tribunals in Continental Europe, and how criminal trials can impact, emotionally even, the key institutional players.
Week 2 of the initiative will concentrate on process. Deena Heer KC, of 5PB chambers, will address the prosecuting function. Deena is the barrister who prosecuted the horrific murders of Axel Rudakubana at Southport; the process concluded this week, just three days before our students will have the opportunity to meet her.
Danielle Manson of Matrix chambers will speak about criminal defence. Danielle has appeared as a led junior and as a single advocate in cases of murder, attempted murder, rape, serious violence, fraud, the sale and supply of drugs and firearms offences, as well as appearing in both the High Court and Court of Appeal.
Deena and Danielle will interact with HHJ Rafferty and Prof Giannoulopoulos for this second lecture.