THE ADVOCATE 299
VOL. 78 PART 2 MARCH 2020
that the House of Lords must refer questions under the treaty to the Court
of the Community. See for an explanation of this system Bulmer v.
(4) There should be some reform of the law, particularly that of evidence.
When I first came to the bar marathon conspiracy trials concerning
drugs were unheard of. As I do not practise in the criminal
courts, I do not consider myself qualified to suggest what reforms
by way of evidentiary presumptions ought to be introduced. I am
mindful in thinking about this of the dangers, for instance, of
changing the rule that an accused has a right to stay silent. It may
be that the rule, for instance, should be changed in these criminal
conspiracy cases concerning drugs but left untouched for all the
rest of criminal law. Perhaps something should be done about the
wiretap evidence problem. What I do know is that no legal system
can long survive a series of trials which last a year. Yet, society cannot
survive if it abandons prosecuting criminal activity simply
because the prosecution is lengthy and complex. That would mean
that extremely clever criminals committing complex acts go free
and the rigours of the criminal law would be visited only upon the
perpetrators of simple crimes.
(5) The number of lawyers should be reduced. There are too many
lawyers. It is only human nature if one has not very much to do to
make a big thing out of little and I fear that that must be happening.
When I say that we should limit the number of lawyers what I
really have in mind is that we should limit the number of counsel.
That can either be done by stopping entry into the profession or by
a system which leads to the not very good falling soon by the wayside.
I think we should split the profession. Alternatively, I think
for those who choose to practise in the courts there must be some
system of specialization. I am mindful of the cost of this and the
difficulty of it. It may be that if the bench is split into divisions
there will be a natural specialization of counsel because it will be
necessary before a judge who really knows his subject to know
one’s subject oneself or suffer the indignity of being told that one
In sum we must:
(a) stop expansion of the base of litigation;
(b) improve the intellectual capability of those who administer the