March 28, 2025
Trial & Error is a vignetted history of Newgate Prison and the Old Bailey spanning 400 years. What a privilege it was to be seated in Court No.1 at the Old Bailey, revisiting key moments in history, some of which happened in that very court. This year’s Trial & Error illustrated the manifestations of intolerance that have found expression in our courts, including political, sexual and racial intolerance.
The vignettes re-enacted cases spanning history, from the trial of satirist Daniel Defoe to the “second rate spy” John Vassal and covered such themes as the riots on London’s bawdy houses in 1668 and the Romans in Britain (which was actually about public attitudes towards art in the 1980s).
Red Lion’s David Etherington KC appeared throughout the centuries. Among other roles, David brought to life a particularly zealous witch-hunter (that witch was Royally pardoned) and a particularly witty Oscar Wilde (alas, he was not pardoned).
The production light-heartedly dealt with the shortcomings of various judgements made in our history through song, using modern tunes with rewritten lyrics to capture today’s views on these decisions. Whilst the show looked back at the history of the criminal justice system, it also offers a positive outlook for the future of the CJS. Seeing senior members of the judiciary and the Bar make fun of their predecessors’ more outrageous decisions speaks to the professions’ self-reflection and drive to achieve justice. By re-enacting injustices in the court that night, the cast of Trial & Error helps ensure that by day, the court enacts just the opposite.
The funds raised by the production go to charities such as the Sheriffs’ and Recorder’s Fund, which assists prison leavers with grants.
Written by Basanti Mardemootoo and Seán Binder (Pupil Barristers) who attended the musical theatre production of Trial & Error at the Old Bailey on 19th March 2025.
