… the first two of the series of Radio 4 party political broadcasts on behalf of the (admittedly substantial) bleeding heart wing of the Labour Party by Helena Kennedy, but did manage to catch the third.
Helena Kennedy QC examines the ways in which the best intentions in legal reform can sometimes produce unexpected and unpalatable consequences.
Helena looks at the development of alternative systems of justice that bypass the courts. Restraining orders to protect the victims of domestic violence, once championed by liberal lawyers like Helena, have in recent years been broadened in scope and application by politicians, with possibly troubling results.
To put it in plain English, it was fine as long as the people being banged up were evil patriarchs. But from these restraining orders (the breach of which entails imprisonment) was developed the ASBO (the breach of which entails imprisonment). Now yobs who made life miserable for other people were being locked up – and (gasp) they were young people !
Now that may well be an unpalatable consequence for well-heeled “criminal justice professionals” who think that prison should be reserved for racists, smokers and foxhunters. To the law-abiding poor who have to live alongside ASBO recipients they’re a good thing – when enforced.
Tragically it is too late to hear again Episodes One (“Helena began her career championing the victim’s voice, but is now worried it has gained such strength that it is beginning to threaten the rights of defendants“) and Two (“In the 1970s and 80s, Helena and a generation of liberal lawyers attacked the judiciary for being too right wing and out of touch. Now right-wing politicians have taken up their language and attack the judiciary for being too liberal and out of touch“), but I’m sure we’ll hear the arguments again on the BBC – probably on the Today programme.