I remember in July 2008 when the news broke of the decision to appoint Keir Starmer as director of public prosecutions (DPP). I was at a meeting of socialist lawyers, people who had spent their lives campaigning for the rights of homeless people and asylum seekers. We couldnt understand why hed taken the role.
On standing for the Labour leadership, Keir Starmer published a video, setting out his record as a barrister who had represented poll tax protesters and striking miners. I dont think anyone, a voiceover says, really expected someone who dedicated his career to defending workers, trade unions and trade unions to become director of public prosecutions. They were right about that.
As a barrister, Starmer was a principled opponent of state power. He was one of us. But the DPPs role is all about exercising power: prosecuting defendants so that they are fined or jailed. Starmers time as DPP has played a role in the Labour leadership contest, particularly in blogs and on social media and will be studied even more closely if he wins. What should we make of it?
As DPP, Starmer was the head of the Crown Prosecution Service. This is the body that decides whether or not to prosecute someone accused of a crime. Where the decision is taken to prosecute, it is the CPS that employs a lawyer to argue in court for a conviction. The CPS is a huge organisation, undertaking more than half a million prosecutions a year, and employing almost 6,000 people.
When Starmer called for the prosecution of demonstrators with scarves around their faces, he was playing up to press fantasies about their motives
There were a number of decisions that Starmer got right. He was appointed by Labour but spent half his time in office under the Conservative-Liberal Democrat coalition. There, he defended the Human Rights Act against Conservative proposals to repeal it. Rightwing MPs briefed against him. Starmer deserves recognition for taking that stand.
There is a second group of decisions taken by the CPS for which Starmer has been criticised, but it is difficult to say whether the criticisms are justified. The most difficult decision was, according to Starmer, in relation to the killing of Ian Tomlinson, the newspaper vendor who was struck by police officer Simon Harwood during protests in 2009.
Although between 30 and 50 people die each year in police custody or following contact with the police, these deaths almost never lead to prosecution. In that context, the left demanded Harwoods prosecution.
Starmer told the press that the CPS wouldnt prosecute. He cited the report of Dr Freddy Patel, the pathologist appointed by the state, who found the death had been caused by natural causes. Although other pathologists disagreed with Patel, the CPS insisted that the fact of his opinion was an insuperable barrier to prosecution. In October 2010, Dr Patel was suspended from practice as a result of allegations concerning the way he undertook autopsies. The CPS again announced that Harwood would not be prosecuted. Only in May 2011, after an inquest jury had found that Tomlinson had been unlawfully killed, did the CPS agree to charge Harwood with manslaughter.
The difficulty in criticising Starmer for his handling of this case or others like it is that we dont know what advice he was given. If senior prosecutors were advising him against proceeding, he cant be faulted for caution. After all, what would be the point of prosecution, if it was highly likely that the officer was going to be acquitted? Which, in 2012, Harwood was.
Where Starmers record may be more vulnerable to criticism is in his handling of the press. One of the DPPs tasks is to issue guidance to prosecutors. The guidance reminds prosecutors of the powers already available to them. Usually, the guidance is not controversial. For example, in November last year, the CPS offered guidance on prosecuting offences under the Theft Act. As far as I can tell, no paper reported on that guidance; its publication was seen as the routine act of a government department.
Starmer has been accused of [drawing] up rules that gave police officers more power. It has also been suggested that as DPP he extended the jail term for benefits crimes. But the CPS does not draw up sentencing guidelines. The DPPs guidance only binds prosecutors: it determines what they ask, not what the court gives them. As for protests, senior police officers, not the DPP, decide how they are policed.
His critics are able to exaggerate his role because of interviews given by Starmer himself in which he presented modest changes to the advice given to prosecutors as matters of real significance and used a tabloid-friendly language to defend them. This was how he justified the guidance on protests: Theres a potential for a number of protests over the coming years that may be quite large If someone has brought along a weapon or means of concealing their identity thats likely to be evidence that they were anticipating trouble or disorder.
In fact, over the past two decades, it has become more common for demonstrators to cover their faces. They do so because of the increasing use of snatch squads, police filming of political protests and scandals such as detention without arrest. When Starmer called for the vigorous pursuit of protesters who have concealed their identity, he was playing up to press fantasies about their motives.
This, meanwhile, is how Starmer explained his guidance to prosecutors in benefits cases: It is a myth that getting one over on the system is a victimless crime: the truth is we all pay the price; and It is vital that we take a tough stance on this type of fraud and I am determined to see a clampdown on those who flout the system.
The largest group of benefits prosecutions concern the minor infractions of people who fail to declare a piece of information. For example, when part-time workers on housing benefit fail to tell the authorities that their hours at work have increased. Starmers words (getting one over on the system) were wide enough so that it seemed he was referring to such groups of claimants. And, in doing so, he evoked tabloid myths about undeserving individuals deliberately and systematically milking the system. To speak of claimants in this way was to denigrate them.
Looking back on Starmers management of the media while DPP, the sense is of an individual with a radical past making peace with power. He was at ease there in a way that Jeremy Corbyn, among others, could never have been.
His supporters will say that Labour needs a leader capable of winning press support. To which his critics will counter that the rightwing press is already ungenerously studying Starmers career. It is a mistake to think that his close proximity to high-profile cases will be anything other than a recurring weak point in relation to the tabloids.
Starmers enthusiasm while DPP for using mundane news events to feed the press with rightwing talking points is a possible concern for Labour members. If such a leader was faced with news of an injustice in the future the consequence of a change to immigration rules, say, or of a strike in public services Starmers approach to the press as DPP might raise worries that he would not give a principled defence of the victims but would tell the press whatever it wanted to hear.
David Renton is a political activist and barrister. His latest book is The New Authoritarians
Go here to see the original:
Keir Starmers past is coming under scrutiny. What can we learn from it? - The Guardian
- Not Victimless: Understanding the harmful effects of ... - December 10th, 2016 [December 10th, 2016]
- State crime - Wikipedia - December 10th, 2016 [December 10th, 2016]
- Types of Crimes - Overview and Discussion - December 31st, 2016 [December 31st, 2016]
- Victimless Crime Constitutes 86% of The Federal Prison ... - January 8th, 2017 [January 8th, 2017]
- Arizona and California Auto Insurance Fraud Busts - Claims Journal - Claims Journal - February 7th, 2017 [February 7th, 2017]
- Police aim to prevent prostitution, human trafficking - Woburn Daily Times - February 7th, 2017 [February 7th, 2017]
- Campaigners say Rabobank should face trial for 'crimes against ... - DutchNews.nl - February 7th, 2017 [February 7th, 2017]
- Meth arrests, seizures surge in Bowling Green | News | bgdailynews ... - Bowling Green Daily News - February 7th, 2017 [February 7th, 2017]
- 7 arrested for auto insurance fraud scheme - KESQ - February 7th, 2017 [February 7th, 2017]
- Bitcoin, Stop Apologizing for Victimless Crime - Nigeria Today - February 7th, 2017 [February 7th, 2017]
- Perfectionism Is Insanity And Impossible To Accomplish - Being Libertarian - February 9th, 2017 [February 9th, 2017]
- Family of Collision Repair Shop Owners Allegedly Scammed Insurers Out of $560000 - BodyShop Business - February 9th, 2017 [February 9th, 2017]
- High rates of parental incarceration among African-Americans means that criminal justice reform is now education reform - USAPP American Politics and... - February 9th, 2017 [February 9th, 2017]
- Owners of Seven California Collision Repair Shops Allegedly Scammed Insurers Out of $560000 - BodyShop Business - February 10th, 2017 [February 10th, 2017]
- Cop Block Founder Ademo Freeman Arrested in Ohio for Drug Trafficking/Possession VIDEO - Free Keene - February 10th, 2017 [February 10th, 2017]
- Hinds County and Morton police team up on 11 drug arrests - Jackson Clarion Ledger - February 10th, 2017 [February 10th, 2017]
- Teddy bears, food packaging and family photos: The huge illegal ... - shropshirestar.com - February 10th, 2017 [February 10th, 2017]
- 3 juveniles sentenced for starting fire at MCDI in Springfield - wwlp.com - February 13th, 2017 [February 13th, 2017]
- Hadi's Bill opens doors for disproportionate punishments, constitutional expert says - Malay Mail Online - February 16th, 2017 [February 16th, 2017]
- Call to tackle rural crime as farmers 'soft targets' | UTV - ITV News - ITV News - February 16th, 2017 [February 16th, 2017]
- Open letter to MPs on Hadi's Bill - Malay Mail Online - February 17th, 2017 [February 17th, 2017]
- Law enforcement, advocacy groups work to stop sex trafficking in the Fox Valley - WGBA-TV - February 17th, 2017 [February 17th, 2017]
- Malaysia: Hundreds of thousands expected to join mass rally calling for greater Syariah laws - Asian Correspondent - February 18th, 2017 [February 18th, 2017]
- Rural crime figures are a concern - Farming Life - February 18th, 2017 [February 18th, 2017]
- 'Simply unacceptable': Northern Irish farmers remain soft targets for ... - FarmingUK - February 20th, 2017 [February 20th, 2017]
- What People Are Saying About Homeland Security's Plan to Crack Down on Immigrants - Phoenix New Times - February 22nd, 2017 [February 22nd, 2017]
- Stubbing out illegal cigarettes will help plug SA's budget deficit - Business Day (registration) - February 22nd, 2017 [February 22nd, 2017]
- Your tip sheet: No sanctuary - Atlanta Journal Constitution (blog) - February 23rd, 2017 [February 23rd, 2017]
- A Map of Corruption in France - Big Think - February 24th, 2017 [February 24th, 2017]
- Inside The Quiet, Prophetic Politics Of Theologian C.S. Lewis - The Federalist - February 24th, 2017 [February 24th, 2017]
- JAILED: Drug and gambling addict brought misery to train passengers - Eastwood Advertiser - February 24th, 2017 [February 24th, 2017]
- Drug addict Lucas Niewiem had cannabis farm above child's bedroom AND stole railway cable - Derby Telegraph - February 25th, 2017 [February 25th, 2017]
- Jewish community rallies against anti- Semitic attacks - San Diego Jewish World - February 28th, 2017 [February 28th, 2017]
- Efficiency And Effectiveness: Our Approach To Primary Markets - Speech By Christopher Woolard, Executive Director ... - Exchange News Direct - March 1st, 2017 [March 1st, 2017]
- With few safeguards, Jewish cemeteries make easy targets for vandals - Jweekly.com - March 1st, 2017 [March 1st, 2017]
- Number of suspected child sex offenders in Bedfordshire almost ... - Bedfordshire News - March 1st, 2017 [March 1st, 2017]
- Philadelphia unions offer to repair vandalized Jewish cemetery - Arutz Sheva - March 1st, 2017 [March 1st, 2017]
- Breastfeeding bills aim to help children of incarcerated mothers - NMPolitics.net - March 2nd, 2017 [March 2nd, 2017]
- John Klar: Scott plays both sides in marijuana debate - vtdigger.org - March 2nd, 2017 [March 2nd, 2017]
- Families of victims of Colombia's paramilitaries get their day in US court - The Guardian - March 2nd, 2017 [March 2nd, 2017]
- Preserving stories from Mt. Carmel - South Philly Review - March 3rd, 2017 [March 3rd, 2017]
- Legislature should ensure juries know their options - St. George Daily Spectrum - March 3rd, 2017 [March 3rd, 2017]
- How to End the War on Cops and Restore our Liberties at the Same Time - Being Libertarian - March 3rd, 2017 [March 3rd, 2017]
- Museum collects stories to show vandalized gravestones are more than just toppled rock - Newsworks.org - March 4th, 2017 [March 4th, 2017]
- The Sessions Scandal Exposes the Racist Double Standard of Trump's 'Law and Order' - AlterNet - March 4th, 2017 [March 4th, 2017]
- Feelings of vulnerability fomenting among local Jewish community ... - fox2now.com - March 6th, 2017 [March 6th, 2017]
- For Democrats, How Many American Victims Are Enough? - Townhall - March 6th, 2017 [March 6th, 2017]
- How to Reverse Incarceration in Louisiana: Thirteen Steps to Stop Being First in Being Last - Common Dreams - March 7th, 2017 [March 7th, 2017]
- Welch State Police Detachment welcomes new commanders - Bluefield Daily Telegraph - March 8th, 2017 [March 8th, 2017]
- Legislature boosts penalties for prostitution-related crimes - Deseret News - March 8th, 2017 [March 8th, 2017]
- This VOICE tells racist lies - Socialist Worker Online - March 9th, 2017 [March 9th, 2017]
- Wisconsin Veterinarian sentenced 4 years for labor, sex trafficking - Woodbury Bulletin - March 9th, 2017 [March 9th, 2017]
- Stop looking at child abuse online - get help now - Falkirk Herald - Falkirk Herald - March 11th, 2017 [March 11th, 2017]
- Convenience stores count the cost of retail crime - Talking Retail - Talking Retail - March 11th, 2017 [March 11th, 2017]
- Groton man who robbed Old Lyme bank on a bike sentenced to five years - theday.com - March 12th, 2017 [March 12th, 2017]
- Robert King sobs as he's spared jail for possessing thousands of images of child abuse - Somerset Live - April 8th, 2017 [April 8th, 2017]
- LA councilman targets 'knock-knock' burglars with $50,000 reward - LA Daily News - April 8th, 2017 [April 8th, 2017]
- Vehicle covered with anti-Muslim slurs in Rundle; police say hateful ... - Calgary Herald - April 8th, 2017 [April 8th, 2017]
- At Issue: Should Cobb County consider uniform public comment rules? - Atlanta Journal Constitution - June 6th, 2017 [June 6th, 2017]
- Spend tax dollars on addiction wisely - Kennebec Journal & Morning Sentinel - June 6th, 2017 [June 6th, 2017]
- Jeff Sessions & David Shapiro & the Rule of Law | National Review - National Review - June 6th, 2017 [June 6th, 2017]
- Schenectady man sentenced to 7 years in prison for child porn - Albany Times Union - June 7th, 2017 [June 7th, 2017]
- Making Whitefish best it can be - The Missoulian - June 7th, 2017 [June 7th, 2017]
- Letter: Judges should get say in drug sentencing - Times Herald-Record - June 7th, 2017 [June 7th, 2017]
- Allison Hanes: Disgrace is the deterrent for Applebaum - Montreal Gazette - June 8th, 2017 [June 8th, 2017]
- Independent business owners thank police and the ECHO for ending burglary "epidemic" - Liverpool Echo - June 8th, 2017 [June 8th, 2017]
- Hertfordshire Copp family jailed for 27 years for 45 million payroll tax fraud - Hertfordshire Mercury - June 9th, 2017 [June 9th, 2017]
- Police hunting rail cable thieves who caused travel disruptions in Sheffield - The Star - June 9th, 2017 [June 9th, 2017]
- Alleged Yahoo hacker Karim Baratov will stay in jail as he awaits extradition hearing - CBC.ca - June 9th, 2017 [June 9th, 2017]
- Rockland's chief detective retiring after 45 years investigating murders, corruption - The Journal News / Lohud.com - June 9th, 2017 [June 9th, 2017]
- Accused hacker will remain in custody after appeal of bail decision ... - CP24 Toronto's Breaking News - June 10th, 2017 [June 10th, 2017]
- The extent to which a state should exist - Being Libertarian - June 11th, 2017 [June 11th, 2017]
- Man gets 8 years for pandering - Martins Ferry Times Leader - June 14th, 2017 [June 14th, 2017]
- Child porn, prostitution sting nets 4 | News, Sports, Jobs - Leader ... - Gloversville Leader-Herald - June 14th, 2017 [June 14th, 2017]
- Rebel With a Cause: The One Conservative Who Voted For Legal Pot - Marijuana.com - June 14th, 2017 [June 14th, 2017]
- Students For Liberty's Ethan Pritchard wants students to have carry-conceal on campus - Rare.us - June 16th, 2017 [June 16th, 2017]
- Man Sentenced to 3 Years in Crash That Killed Chehalis Motorcyclist - Centralia Chronicle - June 16th, 2017 [June 16th, 2017]
- Sporting clubs devastated by senseless vandalism - Coffs Coast Advocate - June 16th, 2017 [June 16th, 2017]
- Man had indecent images of children on his mobile phone - South Wales Argus - June 16th, 2017 [June 16th, 2017]
- Cwmbran man had 132 indecent images of children on his mobile ... - South Wales Argus - June 17th, 2017 [June 17th, 2017]