Liz Davies KC sounds the alarm.

For the first time in recent British legal history, contempt proceedings have been brought against a barrister for the contents of his closing speech to a  jury. The barrister is my friend and colleague Rajiv Menon KC, a highly regarded criminal defence barrister, whose 30 years of experience includes representing families at the Inquest into the Hillsborough deaths, representation at the Grenfell Inquiry, the Covid-19 Inquiry, many inquests concerning deaths in police custody and representing Duwayne Brooks at the Stephen Lawrence Inquiry and now in the Undercover Policing Inquiry. A chilling effect is already taking place, with many criminal defence advocates facing pressure to modify their jury speeches.

Rajiv initially faced a trial on 28th – 29th July. He has appealed against an earlier decision, that there was a prima facie case of contempt to answer, and so the trial has been adjourned pending the Court of Appeal’s decision.

Rajiv’s speech was made in defence of one of the Filton Four, activists who broke into Elbit Arms Factory. The accusation against him, that he disregarded the Judge’s order as to what he could say to a jury, is denied by him. Instituting contempt proceedings is an extraordinary and unprecedented heavy-handed response by the Judge. If convicted, Rajiv faces up to two years in prison. There were other options available to the Judge, such as asking Rajiv to modify his speech, or referring Rajiv to the Bar Standards Board for disciplinary action.

I urge you to take action, and there are four ways you can do it:

– Sign the petition here to show your solidarity and call on decision-makers to stop the proceedings.

– Follow @defendourlawyer on X for updates, including the revelation that the contempt trial judge has decided that the trial will be heard before the Court of Appeal considers whether she has jurisdiction. Follow https://x.com/DefendourLawyer for updates.

– Listen to the perspectives across the Bar and civil society. If you’re unsure how you feel or why this is so drastically important, watch the speeches on YouTube from Descent into authoritarianism to see the many resounding voices in support of Rajiv who decry this incursion into our justice system. One of those was Helena Kennedy KC who said: “I am very alarmed that a barrister is being prosecuted for something as serious as contempt for reminding a jury of the founding principle that juries are the judges of the facts in a criminal case. Judges determine matters of law. Independent lawyers are as important to the rule of law as independent judges.”

– Speak up and speak out to all those you know. Share the petition, the X account, the YouTube speeches with those you know. The future and integrity of our justice system, the independence of the jury, and the fearlessness of defence advocacy depends on it.

Today it’s Rajiv, tomorrow it’s everyone who cares about civil liberties.

I stand with Rajiv, not just because of the personal cost to him. The truly chilling effect of this prosecution is the inhibition on advocacy before a jury. A central tenet of our criminal justice system is the independence of a barrister’s advocacy, from personal feeling and from external influence, and the right of juries to reach their own decision.

Liz Davies KC is a barrister specialising in housing and homelessness.