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The Prosecutor

The Prosecutor

by Nazir Afzal 2020 304 pages
4.43
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Key Takeaways

1. Early Encounters with Injustice Fueled a Quest for Justice.

‘The police are not interested in you,’ he said, softly. ‘They don’t care about us. Justice doesn’t mean anything to us. Just make sure you don’t walk home alone from school next time.’

Childhood experiences. Growing up in Birmingham in the 1970s, the author faced relentless racism and violence, including a brutal attack at age thirteen. His father's resigned response, suggesting the police and justice system wouldn't help them, deeply impacted him. This early exposure to injustice and the feeling of being unprotected ignited a desire to seek justice for himself and his community.

Family tragedies. Further tragedies reinforced this feeling of powerlessness. The sudden death of his cousin Yasmin during a family trip, due to severe dehydration, left him with unbearable guilt and a hunger for knowledge, believing that knowing more could have saved her. The murder of his father's cousin by the IRA in Northern Ireland, simply for working for the British army, highlighted the brutal reality of targeted violence and the perceived absence of earthly justice.

Refusal to accept. Despite his father's skepticism and the pervasive sense that justice was not for people like them, these experiences solidified the author's resolve. He refused to accept that racism and violence were tests to endure or something to run from. Instead, he became determined to find a way to fight back and ensure that the voiceless could find justice.

2. Family and Community Provided Strength Against Adversity.

Dad believed passionately in civil society, in the idea that people were at the heart of change, and wanted to fill this gap – so our house became a kind of citizens advice bureau.

A new home. The author's father, Muhammad, came to England seeking opportunity and justice after being robbed in Cyprus. He chose Birmingham for its growing Pakistani community, prioritizing support and protection. Their cramped terraced house became a hub for new arrivals, with the father acting as a translator and advisor, driven by a need to help others.

Mum's pioneering spirit. While his father built community networks, his mother was the family's backbone and a tireless fighter for women's rights within the community. She challenged patriarchal traditions like forced marriage and advocated for girls' education and freedom, often confronting families directly. Her courage in pushing for change, even against deeply ingrained cultural norms, was a powerful early lesson for the author.

Collective strength. The family's home life, though chaotic, was filled with love and music, providing a sense of safety amidst external hostilities. The father's belief in civil society and small groups working together demonstrated how collective action could make a difference, even when institutions failed. This foundation of family support and community engagement shaped the author's understanding of resilience and the importance of fighting for others.

3. The Justice System Needed Radical Reform and Public Trust.

‘The police are not interested in you,’ he said, softly. ‘They don’t care about us.’

Early disillusionment. The author's father's words about the police's indifference reflected a widespread sentiment in their community, where people felt scared of both criminals and the authorities. This lack of trust was compounded by personal experiences and the visible failures of the system. The author's initial legal training felt like "mind-numbing drudgery," focused on memorizing lists rather than seeking justice or caring for victims.

CPS reform. The establishment of the Crown Prosecution Service (CPS) in 1986, separating prosecution decisions from the police, was a crucial step towards fairness and accountability. It aimed to address miscarriages of justice caused by insufficient evidence and police bias. However, the early CPS was under-resourced and faced resistance from both police and magistrates, who were resistant to change and the loss of their former authority.

Building bridges. Recognizing the disconnect between the CPS, police, and the public, the author actively sought to build better relationships. He engaged with police officers to help them understand the evidential standards needed for successful prosecution and met with community groups to understand their concerns. He believed that justice required public approval and cooperation, a concept rooted in the idea of "policing by consent."

4. Prosecution Became a Vehicle for Protecting the Vulnerable.

‘Every statement is a person,’ he said. ‘Don’t ever forget that.’

Finding purpose. After a disillusioning experience as a defence solicitor, where he felt compelled to defend someone he believed was guilty of rape, the author resigned and turned to prosecution. He found criminal law resonated with his own experiences and his desire to see consequences for criminal behavior. The CPS, despite its challenges, offered a chance to be at the forefront of change and uphold rights.

Focus on victims. A key philosophy instilled by a senior colleague was the importance of remembering the person behind every statement. This human-centered approach became central to the author's work, particularly in cases involving vulnerable victims. He saw the need to move beyond simply processing cases to understanding the impact of crime and advocating for those who had been harmed.

Pioneering approaches. The author embraced the opportunity to handle complex and challenging cases, often working with limited resources. He learned to think on his feet in busy courts and collaborate effectively with police. His work on cases like the 'gay slayer' demonstrated the potential for success when police and prosecutors worked together, even in the face of public fear and community mistrust.

5. Challenging "Honour" Crimes as Gender Terrorism.

The rights of the vulnerable, of children, women and all of us, individually must always trump the demands of any culture.

Witnessing injustice. Growing up, the author saw firsthand the patriarchal attitudes and practices within parts of the British Asian community, including forced marriage and the view of daughters as a "burden." His mother's fierce opposition to these norms deeply influenced him. He recognized that these were not harmless traditions but forms of control and violence against women and girls.

Naming the crime. The author began to focus on what he termed "gender terrorism," recognizing that honour-based violence was a systematic issue, not isolated incidents. He worked with victims' groups like Karma Nirvana and Southall Black Sisters to understand the scale and dynamics of the problem, realizing the justice system was ill-equipped to handle it effectively, often infused with the same sexism that perpetuated the crime.

Driving systemic change. The author organized the world's first major conference on honour-based violence and forced marriage, bringing together diverse stakeholders. He pushed for a clear definition of the crime, leading to the ACPO definition, and advocated for specialist police officers and prosecutors. Landmark cases, like Samaira Nazir's murder, demonstrated the need to treat honour crimes as organized crime, breaking the "omertà" and prosecuting conspirators, not just the direct killers. This work paved the way for Forced Marriage Protection Orders and national guidelines.

6. Exposing and Prosecuting Child Sexual Exploitation Gangs.

These were girls whose voices had never been heard before.

A hidden scandal. Upon moving to Manchester, the author encountered reports of child sexual exploitation gangs, primarily involving British Asian men grooming vulnerable white girls. Investigative journalism highlighted the issue, but authorities had previously failed to act, dismissing victims as "not credible" or blaming them for their circumstances. This revealed a shocking institutional blindness and prejudice.

Reversing a wrong decision. The author reviewed the original decision not to prosecute the Rochdale grooming gang case, watching a victim's interview and believing her testimony. Despite the legal and reputational risks, he made the unprecedented decision to reverse the 2009 ruling, publicly admitting that the CPS had been "wrong." This act of accountability was crucial for rebuilding trust with victims and the community.

Prioritizing victims. The prosecution team worked tirelessly to support the vulnerable victims, who faced intense cross-examination and public scrutiny. They developed new strategies for witness care and disclosure to protect the girls and ensure a fair trial. The successful conviction of nine men in the Rochdale case brought justice to the victims and forced a national reckoning with the widespread problem of child sexual exploitation, leading to investigations like Operation Yewtree and significant reforms in policing and prosecution of CSA cases.

7. Uncovering and Combating Modern Slavery in Britain.

Slavery was not history, not for Safiya.

A hidden reality. The author became aware of reports indicating that modern slavery, particularly trafficking for labour exploitation, was a significant but overlooked problem in the UK. Cases like the Morecambe Bay cockling disaster brought the issue to public attention, but the scale of exploitation in various industries remained largely unknown to authorities.

Safiya's story. The case of Safiya, a deaf Pakistani girl trafficked at age ten and kept as a slave for thirteen years in a Salford cellar, profoundly impacted the author. Her extreme vulnerability and the numerous systemic failures by various agencies that missed opportunities to save her highlighted the depth of the problem and the invisibility of victims. Prosecuting her captors was immensely challenging due to the lack of evidence beyond her testimony and her communication difficulties.

Pioneering prosecution. The author and his team had to think creatively, using multi-agency support and extending bail periods to allow Safiya time to communicate her ordeal. The trial was lengthy and complex, but Safiya's courage in giving evidence was remarkable. The successful conviction of her captors, and the subsequent use of the Proceeds of Crime Act to award her compensation, set a precedent. This case, along with others, contributed to the passing of the Modern Slavery Act 2015, providing stronger legal tools and protections against this crime.

8. Navigating Public Scrutiny and Personal Threats.

My home had always been my sanctuary, and now it felt violated.

Increased visibility. As the author took on high-profile cases and engaged more with the public and media, his profile grew, bringing unwanted attention. His work on culturally sensitive issues, like honour crime and grooming gangs, attracted the attention of extremist groups, both religious and far-right, who sought to exploit his cases for their own agendas.

Threats and intimidation. The author faced threats to his safety, including being placed on an al-Qaeda hit list and receiving thousands of abusive emails from the far-right following the Rochdale trial. His home and family were targeted, with protesters appearing outside his house. This invasion of his personal life was deeply distressing and made him feel like a prisoner in his own home, reminiscent of his childhood fears.

Standing firm. Despite the personal cost and the fear for his family's safety, the author refused to be deterred. He understood that discrediting law and order was a tactic used by extremists to gain traction. He continued to speak out and prosecute cases without fear or favour, believing that upholding justice was the most effective way to counter poisonous ideologies and protect vulnerable communities, even when it meant facing intense pressure and hostility.

9. Institutional Failures Harmed Victims; Honesty Was Necessary.

Those decisions were wrong.

Acknowledging mistakes. The Rochdale grooming case exposed significant institutional failures by both the police and the CPS in their initial handling of victims' complaints. The author's decision to publicly admit that the 2009 decision not to prosecute was "wrong" was a rare and courageous act of accountability. This honesty was essential for rebuilding trust with the victims and the wider community.

Systemic issues. The Safiya case further highlighted how multiple agencies, including immigration, health services, and local authorities, had failed to identify and protect a vulnerable child slave over many years. These failures were attributed to heavy workloads, lack of awareness of specific forms of trafficking, and assumptions based on race or culture, revealing deep-seated systemic problems.

Driving reform. Recognizing these failures spurred efforts to implement significant reforms. In the Rochdale aftermath, investigations led to disciplinary actions and a commitment to prioritize child sexual exploitation. The Safiya case prompted reviews of immigration procedures and led to sweeping changes in how hospitals check staff qualifications. The author believed that acknowledging mistakes was the first step towards learning from them and implementing the necessary changes to prevent future harm to vulnerable people.

10. The Law Must Evolve to Address Modern Realities.

The law didn’t always side with common sense or act in the best interests of the ordinary person.

Outdated legislation. The author found that much of the existing law was outdated and ill-equipped to deal with modern crimes and societal complexities. Relying on Victorian-era legislation for domestic abuse cases, for example, made it difficult to prosecute psychological harm. The law often lagged behind contemporary understanding of crime and its impact on victims.

Judicial interpretation. Recognizing the slow pace of parliamentary reform, the author sought to clarify and push the boundaries of the law through judicial interpretation. The Gurda Dhaliwal case, though not resulting in a conviction, established the principle that driving someone to suicide through controlling behaviour could potentially be prosecuted as manslaughter. This demonstrated how strategic litigation could drive legal development.

Adapting to new crimes. The author actively worked to ensure the law could address emerging or previously hidden crimes. This included advocating for specific definitions and guidelines for honour-based violence and child sexual exploitation, and contributing to the development of the Modern Slavery Act. He believed that the justice system needed to be dynamic, adapting its procedures and thinking to effectively tackle the challenges of the twenty-first century.

11. Courage and Collaboration Drive Meaningful Change.

Justice is never guaranteed.

Beyond bureaucracy. The author often felt constrained by the bureaucracy and internal politics of large institutions. He believed that making a real difference required moving beyond simply applying existing rules and being willing to challenge the status quo. His move to Manchester, with its more pragmatic and less hierarchical culture, provided the freedom to develop new, more effective approaches.

Collaboration is key. Successful outcomes in complex cases like the 'gay slayer,' honour killings, Rochdale grooming, Stepping Hill poisonings, and Operation Challenger were achieved through close collaboration between the CPS, police, and other agencies. The author actively fostered these relationships, recognizing that breaking down silos and sharing information was crucial for building strong cases and disrupting criminal networks.

Public partnership. A core belief for the author was the necessity of public trust and engagement. He actively sought to connect with diverse communities, listen to their concerns, and make the work of prosecutors visible and understandable. He saw the public not just as recipients of justice, but as essential partners in achieving it, believing that true safety and security come from a justice system that is rooted in and supported by the community it serves.

Last updated:

Review Summary

4.43 out of 5
Average of 1k+ ratings from Goodreads and Amazon.

The Prosecutor receives overwhelmingly positive reviews, praised for its engaging storytelling and insights into the British legal system. Readers appreciate Afzal's dedication to justice, his efforts to reform the system, and his focus on marginalized communities. The book is described as thought-provoking, inspiring, and eye-opening, offering a unique perspective on high-profile cases and systemic issues. Some readers note the author's occasional self-promotion, while others highlight the importance of his work in prosecuting crimes like honor killings and child grooming. Overall, it's highly recommended for its compelling narrative and social significance.

Your rating:
4.64
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About the Author

Nazir Afzal is a British-Pakistani lawyer and former Chief Crown Prosecutor for North West England. Born to immigrant parents in Birmingham, he faced racism growing up, which fueled his passion for justice. Afzal's career in the Crown Prosecution Service spanned over 25 years, during which he became known for his work on high-profile cases involving honor killings, child sexual exploitation, and forced marriages. He is credited with pioneering new approaches to prosecuting these crimes and advocating for marginalized communities. Afzal's commitment to reform and his unique perspective as a minority in the British legal system have made him a prominent figure in discussions about justice and equality.

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