What is wrong with the UK criminal justice system: UK’s flawed implementation of “trias politica“

It seemed about time to start my own Substack.

1. Why this, why now

I write a lot on the Lucy Letby case. Mostly on X. I have a couple of blogs but the threshhold for writing a decent complete post seems larger, keeps me from writing up my latest (and always evolving) thoughts.

2. What is wrong with the UK criminal justice system

The problem with the #LucyLetby case is not the jury system. [Lucia de Berk was convicted by three wise, experienced, highly educated judges]. It's the flawed implementation in the UK of trias politica (the separation of the powers). The problem is that judges instruct juries and create case law. The law is not written by parliament but by the same persons who implement it in courts. Parliament needs to step in. Parliament is sovereign.

Appeal court judges have painted themselves into a corner by a succession of rulings which are clearly flawed; they are cleverly designed to prevent a miscarriage of justice from ever being overturned without genuinely new evidence. A newly found DNA sample, a newly found video recording. If your defence team does not make use of existing science it cannot be used later. So even if science of 2020, though still valid today, makes it completely clear that there simply is no prosecution case at all … too bad. You had your bite at the cherry. We mustn’t destroy people’s faith in our institutions by allowing people to see that the institutions are fallible.

3. What kind of community are you looking to build here

There are many people terribly worried about the Lucy Letby case. Many are certain that the convictions are not safe. Some, stronger still, are essentially certain the poor girl is completely innocent. I would like to help such people meet and share ideas and share knowledge. Criticism by those who are not disturbed by the trials and the trial outcomes is more than welcome. One learns from exploring a clash of opinions.

4. Be specific

I am not able to make any definite promises at the moment. Wait and see. I might also write about foraging for edible wild mushrooms, or about home wine making and home distillation. Or about researching my ancestors. Or about great books and movies.

5. Use an image and “subscribe” buttons

Yes, of course. Here is an image to begin with.

5. Ignore our advice

You bet. This is an experiment.