Can A Barrister Fight For Justice Anymore?
Published by Stephen Milward in Politics · Thursday 23 Jul 2026 · 3 minutes
Tags: Barrister, Fight, Justice, Legal, Law, Advocacy, Rights, Court, Legal, System, Equality
Tags: Barrister, Fight, Justice, Legal, Law, Advocacy, Rights, Court, Legal, System, Equality
In our legal system, the role of the barrister (i) is central to the fulfilment of justice. To have a trained barrister to represent you in court seems to me to be a civil right, not able to be questioned by anyone. The choice of barrister must be a free one. What the barrister does or says in court whilst representing his or her client is the responsibility of the barrister alone. But, in 2026, the right of a barrister to express himself seems to be under challenge, from the same legal system he is there to protect.
An example:
The Guardian 24 July (ii) reports that Rajiv Menon KC is due to stand trial accused of breaching the judge's directions in the trial of six people regarding the 2024 Filton Elbit Systems (iii) break-in (iv) in 2024. I leave it to the reader to examine the articles below, since I want to concentrate of the central question - what should allowed to be said in the name of defending a client in court?
Normally, a judge presides over the trial and depends on the verdict of the jury to inform whether a guilty or not guilty verdict is given. We all know that. What may not be so well known is that a judge can give directions in a trial. These are instructions regarding the management of a legal case. In Menon's case, his speech to the jury is alleged to have created a risk to the administration of justice.
When you get organisations and eminent lawyers such as the chair of the Criminal Bar Association (v), Shami Chakrabarti (vi), Helena Kennedy (vii) and Gareth Peirce (viii) heavily criticising this prosecution, you have to listen to their concerns.
I have no idea how this case will turn out. What I am concerned about is the freedom, in a court of law, that a barrister should have when defending a client. If you believe that none of this matters, then who will you ask to defend you if you are in court, possibly facing a very serious sentence? Equality under the law is a fundamental tenet of a free society. We should be concerned at any attempt, from whatever direction, that is made to undermine that.
(i) Wikipedia: Barrister
(ii) The Guardian 23 July 2026: Palestine Action barrister’s prosecution criticised as ‘chilling’
(v) Wikipedia: General Council of the Bar
(vi) Wikipedia: Shami Chakrabarti
(vii) Wikipedia: Helena Kennedy, Baroness Kennedy of The Shaws
(viii) Wikipedia: Gareth Peirce
