Fake news has been around for decades; what was it about 2020 that made you decide that now was the right time to write Fake Law?

You’re quite right – misunderstanding and misreporting of legal cases and the justice system is nothing new; in fact one example in the book goes back to the 18th century! But where I sense a shift is in the power of social media, and what seem to me to be the lessening restraints of truth upon those in power. What this means is that a misleading or untruthful story about, say, something that happened in a criminal trial, can go viral, reaching millions of people in a matter of minutes, with their outrage stoked and exploited by politicians seeking to score easy capital. I was, and still am, really worried that the disconnect between the justice system and the people it serves – a disconnect that historically is just as much the fault of us in the system failing to communicate with the public – is increasing day by day. Many people if asked would say that the justice system doesn’t work for them, and they’re often right – but not in the ways they probably think. The real scandals in justice are kept off the front pages, and out of the public gaze, by the confected, exaggerated agendas pushed by those who rarely have their audience’s best interests at heart.

In your first book, you talk about the ways in which young people are failed by the system due to how unrelatable the courts are and how this leads to a lack of access to and understanding of legal rights?

I think a major part of the solution lies in education. Considering how every single event in our daily lives is underpinned by the law – from our housing to our jobs to our safety on the streets to our health – I find it incredible how little we are taught about the justice system in our schools. Where the subject is touched upon, it tends to be shoehorned into Citizenship curricula, and there is a well-documented crisis in the number of qualified teachers in that field. Law and justice are not taught, much less celebrated, as subjects worthy of learning in their own right, unless and until you elect to study law at GCSE or A-Level. So helping acquaint children from a young age with their justice system – what it does, what it means, how it’s for all of us – will play a vital role in helping break down some of the barriers.

“Considering how every single event in our daily lives is underpinned by the law – from our housing to our jobs to our safety on the streets to our health – I find it incredible how little we are taught about the justice system in our schools.”

How do you think we can best address this as a society?

A large part of the problem, and the solution, also lies with us in the system. For too long we have jealously guarded the secrets of the legal system, clinging to our outmoded dress and alienating language, and have shown little interest in sharing what we do with the public. We need to do more to communicate and demystify, and in fairness there have been significant strides in recent years. Many of my fellow practitioners devote their spare time to outreach projects and charities which seek to make justice accessible for those who have historically been disenfranchised, and it is this sort of work that I think can make a huge difference.

Apart from your book and your working life, what are you reading at the moment?

Due to my workload, I read for pleasure at a glacial pace, and it takes far longer to get through a book than I’d like. At the moment I am reading A History of The World in 10 ½ Chapters by Julian Barnes.

How do you think Covid-19 has affected cases currently progressing through the legal system and how do you envision the way courts and the justice system changing long-term as a result of Covid?

Covid-19 has exposed the problems in the justice system that we have been warning about for years. The system was only held together day-to-day by the goodwill of the people working in it; it was always only one strong gust away from toppling over. And so it has proved – the delays in the criminal courts that were escalating pre-Covid have now skyrocketed, due to the Government’s refusal – even now – to pay for enough courts to hear the cases stuck in the backlog. There was already a delay of one to two years in cases even reaching court, due to the pressures on the police at the investigative stage, and now you can add a wait of another year or two for a trial. It means that people are attending for trials and giving evidence about things that happened three or four years ago. No way on any definition is that a working justice system, but the Government refuses to make enough money available to address it. It can find cash for every other white elephant or pet project it can conceive, but justice remains cut to the bone. Pessimism aside, there have been improvements, however. The courts have been forced to move out of 19th century ways of working and embrace technology, and while far from perfect, video hearings for certain types of court hearing have proved a more efficient way of operating. They cannot, and should not, replace the need for people to gather in court for trials and other significant hearings, but if we can harness the benefits of remote working, without compromising the quality of justice, there may be some positives to come out of this crisis.

You have a really unique position in the legal field because of your anonymity. Was there a point in particular that you decided to don your mask, how do you think being ‘the secret barrister’ has enabled you to be more open about the inequalities and shortcomings of the legal system?

I decided to start blogging and tweeting at the insistence of my partner, who had patiently listened for years to my complaints about the justice system and one day politely suggested that my views might be better shared on the internet. Writing anonymously is crucial to what I do. I could not be as candid, or pugilistic, writing under my own name, and I think that both are essential to helping break through the barriers and bringing the truth about the justice system to a wider audience. I don’t want to be writing with one eye on what my instructing solicitors, or certain judges, or the Crown Prosecution Service, might think. I want to be able to be completely honest, and criticise or defend the system with complete independence. Do I think that the need for anonymity says something in particular about the justice system?

What does that say about the legal system overall?

I don’t know. I think that most whistleblowers in most fields seek the reassurance of anonymity. As I say, for me it is as much about preserving the perception of editorial independence as it is preserving my day job.

The Secret Barrister’s chosen twitter photo alias

It's December, so what’s on your wish list for Father Christmas?

I should probably say something worthy or meaningful, but I am going to be honest and say that I just want a giant bowl of roast potatoes and a trifle. That’s it. I am nothing if not easy to please.

What are you most looking forward to in 2021?

Not having to relive 2020.

The Secret Barrister’s book, Fake Law, is out now.

The Justice Diaries: The Secret Barrister