Rose-Marie Franton - Crown Advocate
After 12 years in the Crown Prosecution Service (CPS), and 4 of those as an Higher Court Advocate (HCA), I joined the Counter Terrorism Division (CTD), and quickly discovered there is no such thing as a typical day in CTD because you never know what may happen.
...because you never know what may happen
My first day at CTD I was given an Aggravated Burglary and s18 case, which was very unusual for our department. The location of the attack was Thames House, Mill Bank, headquarters of the British Security Service. So, within days of joining the department I was standing in the Old Bailey prosecuting this case, which prior to a guilty plea, involved issues of mental capacity and fitness to plead. The case was simpler than our usual case but it was a good introduction to working with the Service.
Our department also deals with all racial hatred cases contained in Part 3 of the Public Order Act 1986, therefore such cases can take place or occur anywhere in England and we prosecute. I had one such case in Crewe. The defendant, just prior to and just after the 7/7 attacks, placed notes around the town, the content of which was very disturbing and offensive, and obviously calculated to incite racial hatred. I advised and then prosecuted this case at Chester Crown Court.
I have been junior counsel in one of my terrorist cases. Preparing all the usual schedules in relation to the case as well as reviewing all the secret unused material at MI5 and MI6. I have assisted senior Treasury Counsel with the preparation of the case including interviewing expert witnesses and the consideration of the legal arguments. We were successful in the legal arguments during the preparatory hearing and, not unusually, the defence appealed to the Court of Appeal, and therefore I was junior counsel during the appeal.
As I stated above there is no such thing as a typical day in the office, however below I have provided a sample of some of the matters I have dealt with. Here's my day in the life of
- 8:00 I get my train to London.
- 9:30 Arrive at work, quickly get my gown and tabs and go to the Old Bailey around the corner, for a mention.
At CTD most of us are HCA/barristers. However even those who are not will cover their own cases as far as possible. We are usually the only advocates on all our terrorist cases straight up until the PCMH and sometimes beyond, for the odd mention. Of course some of us are junior counsel in any event.
I speak with the court clerk and ensure that the judge received my note relating to this morning's hearing which was sent to the judge and defence counsel by e-mail. All terrorist cases are heard by High Court judges and so we are certainly kept on our toes!
I note the media are in court.
- 11:00 After my hearing I slip next door to see how Crevice (the Fertiliser Case) is going and use the opportunity to speak to counsel about any outstanding issues.
- 11:45 I arrive back at the office and catch up with e-mails. I also work on an advice in relation to the charging of a new terrorist case, in preparation for a meeting this afternoon with the police. This case came in originally requiring letters of requests. It is now reaching the stage that there could be sufficient to charge.
- 14:00 I have the meeting with officers, the result of which we decide that more evidence is required before charge. We have to get further foreign evidence quickly and push for the execution of my letter of request. It transpires that the only way of expediting the request is by me meeting with the requisite judge and explaining our position. Travel arrangements are made for the meeting later that week.
- 15:30 Phone call received from the Attorney General's (AG) Office, he would like to meet to obtain an update on one of my cases in order to brief the Cabinet Office tomorrow.
- 17:30 Meeting with the AG is at his office at the House of Commons.
- 18:30 I catch the train home
