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Who Guards the Guards?

OldRuin was in chambers today and talking to HeadClerk about police powers. “It’s the age old problem,” he said. “It’s all very well having an independent police force but then who guards the guards?”
“We do. The people,” said HeadClerk. “You know, through Parliament.”
“You’re right, of course,” answered OldRuin. “But who guards them?”
“Well, the judges do, I suppose,” said HeadClerk. “But now you’re going to ask me who guards them, I suppose?”
“It had crossed my mind.”
“Well, it’s the barristers who guard the judges against the worst of their excesses. Expose their weaknesses. ‘Steer them away from the folly of their instincts’ as HeadofChambers always likes to put it.”
“I see. So it’s the bar who actually guards the guards?”
“Well, yes, I suppose it is.”
OldRuin hesitated for effect and then asked, “And who would you say guards them?”
Suddenly HeadClerk beamed as he realised where OldRuin had gently led the conversation.
“Why it’s the clerks of course. You’re absolutely right OldRuin. I hadn’t thought of it like that before. Through a long and convoluted network of checks and balances it’s ultimately the barrister’s clerk who guards our democratic freedoms.”
“Quite so,” smiled OldRuin.

BabyBarista is a fictional account of a junior barrister written by Tim Kevan. You can buy the latest BabyBarista novel, 'Law and Peace' on Amazon. The cartoons are by Alex Williams, author of The Queen's Counsel Lawyer's Omnibus.

 

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