The Force, The Forced & The Enforcer: The Heart of Forced Marriage

An interview with

Charlotte Proudman

Barrister

& Writer 

on Civil Liberty issues

Charlotte Proudman is a barrister with a passion for human rights. Her articles in The Independent, The Guardian and the New Statesman magazine as well as appearances on Radio 4 and in BBC Panorama had dealt with forced marriage, polygamy, Islamic marriage law as well as the impact of legal aid cuts on UK justice. As a vociferous critique of forced marriage and a leading expert on the issue, Charlotte was instrumental in the criminalisation of forced marriage and advised Number 10 Downing Street’s Policy Unit on drafting an offence. It is a real pleasure that she has spared the time to tell us about the legal issues close to her heart.

TheLawMap: You have written extensively about forced marriage as well as representing and speaking out for victims. What makes you so passionate about this issue?

I first became involved with forced marriage when I provided assistance for the Iranian and Kurdish Women’s Rights Organisation (IKWRO). It opened my eyes to the suffering many women face in England and across the world. I was particularly concerned by the practice of transnational forced marriage, when women are taken from the UK to be forced into marriage overseas, often in South Asia. It was brought to my attention that little support was offered to transnational victims of forced marriage once stranded abroad.

I travelled to Pakistan and worked for the Human Rights Commission of Pakistan researching transnational forced marriage, particularly focusing on whether Forced Marriage Protection Orders granted by the courts of England and Wales under the Forced Marriage (Civil Protection) Act 2007 have any force in Pakistan, in assisting the repatriation of victims to the UK. My research involved meeting victims, NGOs and consular staff at the British High Commission of Pakistan who are armed with the task of rescuing victims. Once I returned to the UK I continued with my commitment to end forced marriage and to ensure victims of forced marriage are given all the support and assistance they require.

TheLawMap: You wrote in an article published in The Independent newspaper arguing that cuts to the legal aid budget would lead to a privatised justice system akin to the US. What is the likely impact in terms of justice within the areas of law that you specialise in?

Following the introduction of Legal Aid, Sentencing and Punishment of Offenders Act 2012, civil legal aid cuts came into force on 1 April 2013. They are already having a significant impact on my areas of practice, particularly family law and housing law. Some types of cases are no longer eligible for legal aid, for instance, residence and contact disputes and divorce, except in very limited circumstances. Legal representatives turn many people who are in dire need of legal advice away because they are not entitled to legal aid and they cannot afford to pay for legal advice - therefore they have no access to justice. As a result I see more litigants in person than ever in court, which slows the court system down. Having seen the devastation caused to family law as a result of cuts to civil legal aid, I have spoken out against Chris Grayling’s proposals to introduce competitive tendering in criminal legal aid as such cuts will only further erode access to justice.

TheLawMap: I note that from August to October 2013, you would be on sabbatical, working for the Association of Civil Rights in Israel . Would you tell us a little more about the project and your involvement?

I will be working for the Association for Civil Rights in Israel (ACRI) researching issues of human rights violations in and around Israel. The ACRI specializes in precedent-setting legal work. The ACRI undertake cases on behalf of marginalized sections of society to challenge Government policy and legislation to advance human rights. Having worked in Pakistan and the Democratic Republic of Congo as well as other countries focusing on international human rights work, I am keen to expand on the international legal experience I have gained. My domestic practice in the UK often involved international law. I have been instructed to draft emergency and substantive applications to the European Court of Human Rights. I have a strong interest in strategic litigation and believe working for the ACRI will give me the opportunity to gather further knowledge and skills when dealing with constitutional challenges domestically and internationally.

TheLawMap: What inspired you to be a barrister?

I was inspired to become a barrister as I always wanted to be in a position where I could make a tangible difference to society by using my knowledge and skills to provide legal advice, support and change for vulnerable people in society. After providing pro bono advice at Toynbee Hall, a community based residential volunteer centre in East London, I knew that as a barrister I would be able to use the law as a tool to support the poorest section of society. Practising as a barrister is a rewarding vocation, I am able to see the changes that have been made to individuals’ lives on a daily basis.

TheLawMap: If you had one wish to change something within the legal profession, what would it be?

Along with the majority of barristers and members of the legal profession, I would reverse the legal aid cuts, which already been implemented and would prevent Chris Grayling’s legal aid proposals from becoming law. 

With special thanks to Charlotte Proudman for her valuable time.

Charlotte is a barrister at 1 Mitre Court Buildings. Passionate about human rights, she writes for the Independent, The Guardian and New Statesman on civil liberties issues and has undertaken pro bono work in Pakistan and and the Democratic Republic of Congo where she helped establish the first free legal advice centre. To create a change in law and policy, Charlotte hopes to engage in political debate in the future.

A glance at her twitter profile reflects a genuine passion for campaigning against legal aid cuts and thoughts on other justice related issues close to her heart.

The Art of Advocacy: A Barrister's Tale

An interview with

Felicity Gerry

Barrister,

Writer & Media Commentator

Felicity Gerry is one of UK's high profile barristers with over 19 years experience in serious and complex fatal, sexual and financial offending, appearing in court and advising on appeals and judicial review. She is also a writer & media commentator. Just this week she had successfully prosecuted the rape & killing of a woman in a Wisbech hotel and appeared at Wood Green to defend a rape allegation. On the date of publication of this very interview, Saturday 29th June, she would be speaking at the Integrate Bristol event on female genital mutilation. With such an active professional life, it is our absolute pleasure that Barrister Gerry made time to speak to TheLawMap about some of the issues close to her heart.

TheLawMap: 19 years in sex, murder and fraud, often with an international twist, what makes you so passionate about these complex areas in law?

I really enjoy putting a case together and then presenting it at court. It is particularly rewarding in a circumstantial evidence case where you have to analyse evidence from witnesses, experts, telephone or bank records to prove a crime or to pick an allegation apart when defending. Advocacy is an art and there is nothing better than an effective cross examination or giving a well prepared closing speech whether the case involves domestic rape, gangland shooting or international fraud.

TheLawMap: Sexual offence related cases often tend to generate much intrigue within particular sections of the media adopting a moral tone. Do you think that as a society we become a little more judgemental in relation to such offences?

I think we are far more aware of child abuse and sexual offending than we were in the past, which is a good thing. It has always gone on but now it is out in the open there is more chance to deal with it fairly and effectively. The law has improved but for ordinary people the scale and type of offending is always shocking. As a barrister you have to keep the balance even if others lose theirs

TheLawMap: Does 'the legal process as a mean to resolving conflict' has exactly the same meaning to victims and perpetrators of sexual violence?

Criminal trials rarely resolve conflict but they can be cathartic for a victim. If a perpetrator pleads guilty this can be the first step towards rehabilitation or at least remorse. I often deal with very dangerous offenders who are difficult to handle. The trial process can be a very high octane environment for all concerned. This can be particularly distressing for someone falsely accused.

TheLawMap: Are there areas in law and the legal process where women may still be at a disadvantage in UK?

There are still far too few women at the top of the legal profession. Women will suffer most by proposed legal aid cuts and the effect of imprisonment on women offenders is shocking. I have stuck it out this far in many ways just to prove a point.

TheLawMap: I note that the second edition of your book, 'Sexual Offences Handbook: Law, Practice and Procedure' is out in October this year. What inspired you to write it in the first place?

I think it might be a little later than that as there is so much to update. My co-author Catarina Sjölin and I realised that our area of expertise is perhaps the most complex (aside from chancery). We wanted all the law to be accessible in one place. I like our practical tips best as often criminal cases are about simple and effective solutions rather than complex principles of law.

TheLawMap: In your opinion, what is the likely impact in terms of justice in the wake of cuts to the UK Legal Aid funding?

The impact is already apparent at Crown Courts across the country with collapsing administration, delays, a shortage of quality advocates and litigants in person. If it carries on this way, it is only a matter of time before there will be a shocking miscarriage of justice. The Ministry of Justice seems to have no idea how much the system relied on the goodwill and professional commitment of the Bar. Advocates are disillusioned and exhausted and are doing their best in increasingly impossible circumstances. What we do is a vital public service and it must be protected from the appalling concept of price competitive tendering

TheLawMap: What inspired you to be a barrister?

Going to work for an argument every day. Getting to dress up like a witch. Doing the right thing.

TheLawMap: Internationally speaking, what concerns you the most in the area of women's rights, with reference to sexual offences?

The amount of dead women from domestic and sexual violence across the world is appalling.

TheLawMap: If you had one wish to change something within the legal profession, what would it be?

More women judges. We are so much better at it!

With special thanks to Felicity Gerry for her valuable time.

Barrister Felicity Gerry

Barrister Gerry says that she loves everything about being a barrister and is available to instruct via 36 Bedford Row, London, The Moynahan Law Firm, Connecticut and William Forster Chambers, Darwin. She also maintains an active twitter presence frequently commenting on issues close to her heart.

Women in Law: 'Smart, able and indeed as brave as men'

An Interview with

Camilla Choudhury Khawaja

Barrister, Lecturer in Law

&

The Women's Lawyer

TheLawMap: Does 'the legal process as a means to resolving conflict' has exactly the same meaning to men and women?

Conflict is an emotive term and something, which affects us all but can be very difficult to resolve. Using the legal processes can lead to further acrimony in some instances, therefore one would be well advised to attempt collaborative efforts before pursuing litigation. Access to justice can also be eluded to some, sadly women tend to find themselves at the receiving end in most instances, so perhaps the answer to your question is in fact no.

TheLawMap: In your opinion, are women lawyers treated differently by clients and colleagues compared to their male counterparts?

We hear of a series of recommendations aimed at improving gender diversity across the profession. These include introducing gender targets and embedding flexible-working practices in corporate culture, but whether they will lead to actual change is debatable.

Despite concerted efforts by some firms to improve female representation in management, the Law Society said the profession was hiding an “uncomfortable truth” that some are paying mere lip service to flexible working.

“In some firms, where the opportunities for those wanting to strike a balance between high-flying work and family life are still scarce, men dominate the boardrooms,” the Law Society’s President Lucy Scott-Moncrieff said. “Unwittingly, these firms may be losing talented women and promoting mediocre men.”

TheLawMap: Is there still a glass ceiling in the UK within the legal profession?

An increasing number of firms have genuinely embraced and adopted modern flexible-working practices, allowing better work-life balance. These firms are attracting more talented women boardroom potential. Without such practices, women may indeed be unable to allow for that balance, hence amongst other reasons, find themselves hitting that infamous glass ceiling.

TheLawMap: What is the likely impact in terms of justice in the wake of cuts to the UK Legal Aid funding?

It beggars belief that people are to find justice, that they are to succeed as potential litigants in person, particularly with the adversarial system as it stands. I see first hand the results of the cuts and I also deal with the ramifications of those whom have attempted to navigate the legal system on their own. The impacts are profound, furthermore the effect of such drastic change affects not only the clients but also us practitioners too.

Restricting legal aid to victims of domestic violence who could provide evidence such as a criminal conviction against the perpetrator, a non-molestation order or an active child protection plan from the past 12 months could lead to a rise in deaths and assaults against women and children.

Medical evidence from a GP, A&E, counsellor or women’s refugee would not be enough to qualify under the new proposals which are part of coalition plans to slash £350m from the legal aid bill.

Half of all domestic violence victims will not qualify for legal aid to help them and their children safely separate from abusive relationships, according to research by Rights of Women and Welsh Women’s Aid. While most victims surveyed had collaborative evidence to show they were receiving support, most would not satisfy the new rules.

TheLawMap: Internationally speaking, what concerns you the most in the area of women's rights?

Women in countries where their human rights are being eroded on a daily basis, stories emerge every day from Saudi Arabia, Pakistan and the like. More recently Bangladesh with the clothing factory horror – do these women not have a voice? Does their lack of money or power or even status render them unable to deserve only what is right? Corporate social responsibility is an area which such companies need to embrace as opposed to the allowing of the workers to suffer for the rest of the world to wear what is essentially disposable fashion.

TheLawMap: What inspired you to become a lawyer?

Seeking justice, helping those who otherwise would have no voice, but also fundamentally the fact that I have been an academic and very involved in local politics for the past 14 years and have therefore seen the methods by which law is created, implemented, studied and practiced. This affords much in the way of interpretation of the law, all skills I use to help women every day through being the Women’s Lawyer. 

TheLawMap: Why do you prefer to be known as the Women’s Lawyer?

Becoming the Women’s Lawyer has been my goal for several years. With the recent changes in the legal system and to legal aid entitlement, which affect women’s issues in the main, I decided this was the time to offer legal advice and support to those most in need. With over fifteen years experience of lecturing and advising clients on varying areas of law I have set up the legal consultancy, The Women’s Lawyer (TWL), with the fundamental aim of assisting women. Speaking from both personal and professional experience, I am in a position to help those who may otherwise not seek the advice or guidance of a lawyer. It is my genuine belief that with the right guidance women can avoid numerous problems such as with their employer/husband/partner/landlord/tenant. 

  

TheLawMap: Finally, if you had one wish to change something within the legal profession, what would it be?

The attitude of some lawyers towards women lawyers.

In the words of Lord Denning, who is for many is deemed a judicial saint, considered that:

“No matter how you may dispute and argue, you cannot alter the fact that women are different from men. The principal task in life of women is to bear and rear children: and it is a task which occupies the best years of their lives. The man’s part in bringing up the children is no doubt as important as hers, but of necessity he cannot devote so much time to it. He is physically the stronger and she the weaker. He is temperamentally the more aggressive and she the more submissive. It is he who takes the initiative and she who responds. ...”

It goes on in that vein for some time. And he is generally thought to be one of the good guys!

 

With special thanks to Barrister Camilla Choudhury Khawaja for her valuable time.

Camilla with her two boys Aman and Aden

Camilla Choudhury Khawaja was called to the Bar of England and Wales in 1998 by The Honourable Society of Gray’s Inn, after graduating with a Masters in International and Comparative Law. She began lecturing Law at the University of London in 1999, and continues to do so as a visiting lecturer at the University of Westminster. She maintains an active Twitter presence with a particular interest in women's issues. In conversation with TheLawMap, when asked about hobbies and interests Camilla stated that she adores spending her free time doting after her two young boys. Aman 10 and Aden 7 are politically minded, and pivotal to her work through the Women's Lawyer in that they see their mother as a role model, so it is of even more importance to show them that women are just as smart, able, and indeed as brave as men.