Criminal Defence

Criminal Defence

Leading Criminal Defence Specialists

Libertas Chambers brings together some of the country’s leading criminal defence specialists. Exceptional juniors and renowned Queens Counsel provide quality representation from the Supreme Court, through the Crown Courts across London and the Circuits and in the Magistrates Court.

Members of Libertas Chambers also regularly appear in quasi-criminal jurisdictions where their experience in the criminal courts provides a cutting edge service in regulatory and professional disciplinary proceedings.

Chambers accept instructions in both publicly and privately funded work and members provide specialist and strategic advice at all stages of a criminal case, from pre-charge investigation through to trial and appeal.

Members of Chambers have appeared in some of the most high-profile criminal cases of recent times, including Operation Elveden (selling stories about Prince William and Prince Harry to The Sun), R v H and C [2004] 2 AC 134 (leading case on disclosure), R v Jogee [2016] UKSC 8 (clarifying an error in the law in accessorial liability) and R v Lewis [2017] EWCA Crim 1734 on the approach to joint principalship.

Areas Of Criminal Defence Expertise

Our members are regularly instructed in the following key areas of criminal defence practice:

Appellate
Homicide
Corporate manslaughter
Terrorism
Drug trafficking
Serious and organised crime, including corruption and bribery
International crime
Human trafficking
Modern Slavery
Fraud
Cyber crime
Robbery
Serious assaults
Kidnaping
Serious sexual offences
Environmental health offences
Trading standards prosecutions
RSPCA prosecutions

Our criminal defence barristers offer expert advice to a wide range of external authorities and regularly provide training and lectures on current topics to other members of the legal profession, experts and those who work within the wider criminal justice system.

Instruct LibertasTo discuss your case please contact our clerks by phone on +44 (0) 20 7036 0200 or email us at clerks@libertaschambers.com

Related Practise Areas

If you have recently been convicted or sentenced for a crime but wish to appeal against your conviction, seeking expert legal advice and representation from a highly skilled appeals barrister should be your first move. With decades of experience, our set of criminal appeals barristers recognises the impact that a wrongful conviction can have on a person’s life. Whether it’s a conviction for a minor offence or a life-changing prison sentence, taking action as soon as possible is essential. Why Choose Libertas Chambers For An Appeals Barrister? Libertas Chambers is a national leader in all areas of criminal conviction appeals, and members of chambers practice in all appellate tribunals. Our barristers regularly appear in the Court of Appeal and frequently appear in landmark cases. We appeared regularly in the Supreme Court and formerly in the House of Lords. Our counsel has been involved in significant cases in the Supreme Court, including R v Jogee [2016] UKSC 8, Gale v SOCA [2011] UKSC] and R v Maxwell [2010] UKSC 48. In addition, many of our barristers have highly specialised areas of expertise. They are continually sought out to advise and appear in niche and unusual cases. It is not uncommon for complex matters to be referred to us for specialised appellate work after the conclusion of a trial. Certain members of Chambers also have discrete appellate practices. How Our Criminal Appeal Barristers Can Help Members of Libertas Chambers advise on old or concluded matters and will recommend new applications to the Court of Appeal or the Criminal Cases Review Commission. We have a history of high-profile success in this area. Chambers also has an international appellate dimension. Our barristers continue to advise on international human rights challenges and Privy Council appeals. We provide advice and representation in the following areas: Regulatory and licensing appeals. Appeals from the Magistrates’ Court to the Crown Court. Appeals to the High Court by way of Case Stated and Judicial Review. Appeals against Conviction & Sentence from the Crown Court to the Court of Appeal Criminal Division. Appeals to the Supreme Court. Applications to the Criminal Cases Review Commission (CCRC), where an appeal has already failed. Chambers’ excellent team of counsel, particularly those specialising in terrorism, fraud and homicide cases are well placed to advise and appear in these cases at every level, bringing their extensive appellate experience and defence driven commitment to appellants who seek expert assistance as a result of an error in law or procedural unfairness. All our appellate barristers can provide expertise suited to the demands of a criminal appeal, including: Expert advice as to the merits of the appeal; Drafting applications for permission to appeal, including notices of appeal, grounds of appeal, applications for permission to appeal and legal submissions in support of an appeal; Advice and assistance in the collection of witness evidence and expert evidence in appeal proceedings; Expert advice as to required and recommended documentary evidence in support of an appeal; Checking of documents to ensure compliance with strict procedural requirements; Representation by specialist appellate barristers at court hearings. How Can I Get Legal Advice About Appealing A Criminal Conviction? Often you can instruct a barrister directly to advise on appeal, or you can instruct a solicitor who will usually work with a barrister. Our clerks are experts in advising on the next steps. Our Appellate Barristers have the experience to give expert advice on whether or not you have arguable grounds for appeal against a conviction and/or sentence. Upon instruction and receipt of the documentation, our appellate barristers will prepare written advice on the merits of an appeal. If an appeal is arguable, draft grounds of appeal will be produced and lodged with the appropriate Court. If leave to appeal is not granted, appeal barristers, in appropriate circumstances, can renew your application for leave to appeal.

Our murder and manslaughter defence barristers have unrivalled experience in all types of homicide cases. Across Chambers – at Leading and Junior levels – we consistently appear in high-profile murder and manslaughter cases, providing defence representation in all aspects of homicide, from contract killings and gang-land murders to cases of Loss of Control and Diminished Responsibility. Other areas include: Terrorism Multi-handed murders Baby shaking murders Infanticide Familial homicides Sexually motivated murders Gross negligence manslaughter Corporate manslaughter Homicide (Murder and Manslaughter) Defence Barristers There are many legal defences for those accused of serious crimes involving death or serious injury. Whether such defences can be raised will depend on the specific facts of individual cases. Our Members have considerable experience with a number of murder and manslaughter cases, utilising some of the following: Self-defence The accused could claim they were being attacked – or about to be attacked – and used force to defend themselves that was considered reasonable under the circumstances. Loss of control At the time of the alleged offence, it could be argued that the accused could not consciously limit their behaviour due to experiencing overwhelming emotion. Diminished responsibility If it can be proved that – at the time of the offence – the accused was incapable of understanding the actions they were carrying out or could not exercise self-control, this defence could be used in a court of law. Involuntary manslaughter Involuntary manslaughter can include gross negligence manslaughter, medical manslaughter and corporate manslaughter. These cases are brought because it is an offence to cause a person’s death through a gross breach of a relevant duty of care owed by an organisation or employer to the deceased. The circumstances of these offences are usually incredibly complex, and members of Libertas Chambers have extensive experience in defending these types of allegations. Why Choose Libertas Chambers? Our Members have been instructed in many ground-breaking Homicide cases. In particular, the Supreme Court’s decision of R v Jogee [2016] UKSC 8 and related joint enterprise cases involving overwhelming supervening events resulting in acquittals for Murder and Manslaughter. We have significant expertise in representing young and vulnerable defendants charged with murder who have been diagnosed with Autism Spectrum Disorder, ADHD and other cognitive and neuro-diverse conditions. We are highly experienced at representing individuals with a range of needs. We can ensure these needs are met and strive to ensure the trial process is fair and inclusive through appropriate intermediaries, adolescent neuropsychologists and psychiatrists at trial. As well as being at the cutting edge of developments in homicide law, Members are known for their skilful handling of expert witnesses in the fields of pathology, psychiatry, blood spatter and DNA evidence. We ensure we keep abreast of developments in all areas of forensic evidence and regularly present lectures on these topics with the leading medical and scientific experts in these fields. Members are currently instructed in appellate murder cases in multiple jurisdictions, including St Kitts, Turks and Caicos Islands and the Cayman Islands and have taken cases to the Privy Council.

Human Trafficking & Modern Slavery

There are legal and evidential challenges of raising a modern slavery defence in the criminal courts of England and Wales and for corporate reporting of slavery in supply chains. Non-punishment of a trafficked person who commits crime is derived from a range of international and regional legal instruments as well as the framework of the Modern Slavery Act 2015, government and CPS policy. The penalties under the Modern Slavery Act for commission of human trafficking offences are severe – including substantial terms of imprisonment for individuals. The due diligence requirements for corporates in relation to Modern Slavery can also be highly complex. Such cases require expertise in the substantive law, procedural requirements and expert evidence. Why Choose Libertas Chambers? Our members have appeared in leading cases involving the intersection of human trafficking and organised crime/terrorism and war crimes. Members of Libertas Chambers at every level have experience in criminal investigations, trials and appeals involving the domestic defence of trafficked persons who commit crimes before and since the implementation of the defence in s45 of the Modern Slavery Act 2015. In particular, members are on top of the latest issues arising from the 2022 decision in AAD and others. In addition, our Dr Felicity Gerry KC is a contributor to Human Trafficking Modern Slavery Law and Practice (Bloomsbury 2nd Ed published 2020) and has advised internationally on the application of the non-punishment principle, including UNODC research on the victim /perpetrator paradigm. Corporate governance and investigations Members of Libertas Chambers also have experience in the context of corporate responsibility for slavery in supply chains in both the UK and Australia, where there is an emerging overlap with criminal law: The compliance mesh capable of fulfilling the ‘protect, respect, remedy’ mantra of business and human rights can be complex, particularly in construction, design, operation and production. Even where the quality of the product is high, if there is exploitation in the workforce, there is a risk of safety and environmental breaches and issues over the potential for remediation. Members of Libertas Chambers have experience in fraud, bribery, corruption, money laundering and other corporate crime, giving a unique insight into the necessity of engaging with different stakeholders in different locations. We understand the risks and can advise on identifying additional risks or investigations of the treatment of people in supply chains to understand the culture of organisations and appropriate compliance.

Sexual Offences

At Libertas Chambers, our barristers are regarded as being among the leading experts in defending allegations of sexual offences. We act for a wide range of clients accused of serious sexual crimes. Our specialist barristers are experts in the entire spectrum of sexual offences law. This includes technical expertise in allegations relating to indecent images or extreme pornography to rape and sexual abuse, as well as advocacy expertise in serious and complex cases involving allegations of rape, sexual violence and child sexual abuse. This includes advice and representation for clients facing historic sexual allegations where issues of abuse of process can arise. Why Choose Barristers At Libertas Chambers to Defend Sexual Offence Allegations? Libertas Chambers has a team of KCs and barristers at every level specialising in defending cases involving alleged sexual offending. We pride ourselves on our sensitive approach, with an excellent record of quality representation at all levels of seriousness in cases of this type. Members of Chambers deal with all aspects of cases involving alleged sexual offending, including: Extraterritorial alleged sexual offending and extradition issues High-profile and complex historic sexual allegations Multi-defendant and multi-complainant cases Cases involving child complainants, including historic allegations involving institutions Trafficking and grooming Serious sexual violence in homicide matters (https://www.libertaschambers.com/our-expertise/criminal-defence/homicide/) Online offences, including extremE or indecent images Rapes in a range of contexts, including “stranger” and alleged domestic abuse. In the context of cases involving sexual offences, our members have long-standing experience in challenging expert evidence, including data and other technological evidence, DNA evidence – including statistical reasoning and match probability, contamination and secondary transfer issues. In relation to all offences within this bracket, we are always mindful of the potential significance of disclosure and well-practised in making appropriate requests and any consequential legal applications. When defending children and young people, members are acutely aware of the importance of engaging in the relevant out-of-court disposals, even where serious offences are concerned given that the child’s welfare and the need to work with inter-agency groups is of paramount importance. Vulnerable Witnesses and Defendants Members have been trained to skilfully question young and vulnerable witnesses (including defendants) – including those with physical and mental disabilities. We have members who are facilitators for delivering vulnerable witness training and members who often lecture on the subject of intermediaries and special measures as well as legal issues arising in such cases, including s. 41 (admissibility of previous sexual history) and procedural issues such as s.28 pre-recorded cross-examination of vulnerable witnesses. Why Do I Need A Barrister specialsing in Sexual Offences? Sexual offences law is a highly specialised area with specific requirements placed on advocates (such as special measures for vulnerable witnesses) and laws of evidence (such as restriction on cross-examination concerning a complainant’s sexual history) that are not typical of most other types of cases. As specialist advocates, our KCs and barristers are experts in defending sexual allegations. What is the Process of Instructing a Barrister to Represent me for Allegations of Sexual Offences? Our KCs and junior barristers are usually instructed through a solicitor, and you may want to contact a solicitor to help you explore your options initially. Libertas Chambers has a good working relationship with solicitors across the UK and overseas and, together, can help identify the most suitable criminal barrister to deal with your case. If you have a chosen barrister in mind, you may ask your solicitor to instruct that barrister. Your barrister will consider the papers in your case and may advise in writing or at a meeting with you before preparing your defence and appearing in court on your behalf.

Libertas barristers have formidable experience in terrorism law. We advise and represent clients at all stages of terrorism cases, including in relation to approaches by security services, stop and search, pre-charge detention hearings. We have defended terrorism trials and appeals in the UK and overseas and have experience with alleged or associated terrorism-related issues which arise in international courts and tribunals. Our Expertise With Terrorism Law Members of Libertas Chambers have experience in complex cases where terrorism law is applicable in national and transnational contexts and where allegations involve a range of alleged political, religious or ideological causes. We have particular expertise in the financial aspects of terrorism matters, including sanctions and freezing orders and anti-money laundering / counter-terrorism financial orders under a range of legislative measures. These can often be contested, and members of Libertas Chambers are experienced in the challenges that necessarily arise when the imposition of these and similar orders is sought in the context of terrorism. Dr Felicity Gerry KC led the intervention for JUSTICE in the UK Supreme Court in the Shamima Begum appeals: (R (on the application of Begum) (Appellant) v Special Immigration Appeals Commission (Respondent) R (on the application of Begum) (Respondent) v Secretary of State for the Home Department (Appellant) Begum (Respondent) v Secretary of State for the Home Department (Appellant) [2021] UKSC 7). Felicity appeared in the Federation Square bomb plot in Melbourne Supreme Court and other trials involving alleged Islamic and Far Right ideological terrorist offending. Felicity is particularly interested in how counter-terrorism measures affect women and girls. She also teaches Sanctions Law, Terrorism Law and Modern Slavery Law at Deakin University. Gerry Hillman and Sarah Day appeared at trial, re-trial and then successfully in Court of Appeal in the case of R vs Connor Scothern ([2020] EWCA Crim 1540), where issues included alleged membership of a proscribed organisation. Our members also have specialist experience in the overlap between terrorism law and modern slavery / human trafficking issues. Gerry Hilman represented a young female defendant against whom charges were discontinued once her trafficked status was known. Why Should I Use Libertas Chambers For Legal Advice On Terrorism Offences? Our Kings Counsel frequently lead in complex terrorism cases, including long terrorism trials where particular expertise is needed in the use of technology and data analysis in this context as well as the complexities of the legal issues that can arise. Our cases have involved analysis and advice on terrorism and extremist legislation, including relating to the repatriation of citizens in Syrian camps, the taking of a child to Syria and trials labelled ‘domestic extremism’. Specifically, members have represented defendants charged with various offences, such as: Terrorist acts Preparation and Encouragement of Terrorism Finance and Money Laundering in relation to Terrorism acts Possessing, Collecting and Disseminating Terrorist literature and information Our members are experienced in assessing evidence and legal issues in large-scale investigations, which, in terrorism matters, will frequently include exhaustive enquiries into a defendant’s financial records, as well as ‘mindset’ evaluations and association evidence. The demands on those representing defendants charged with terrorist offences are well understood and managed carefully by members of the chambers.

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Felicity was instructed by the Australian Centre for International Justice and led Daye Gang of the Victorian Bar You can read the JFM press release here justiceformyanmar.org/press-r…

About 5 months ago from LibertasChambers's Twitter via Publer.io

The memo set out international law and guidance places due diligence obligations on the Singapore Exchange and possible liability on the Monetary Authority of Singapore and the Singapore Government for companies doing business with the Myanmar military.

About 5 months ago from LibertasChambers's Twitter via Publer.io

Justice for Myanmar issued a press release today on the latest moves in the Golden City investment scheme linked to the Myanmar military and the ETC divestment.

About 5 months ago from LibertasChambers's Twitter via Publer.io

Dr Felicity Gerry's Legal investment memo has $80million SG impact on Golden City scheme in Myanmar The legal investment memo by Dr Felicity Gerry KC has led to ETC divestment. Read more in the thread. pic.twitter.com/AuLZex7GMm

About 5 months ago from LibertasChambers's Twitter via Publer.io

Dr Felicity Gerry KC has assisted in drafting and supported a petition for a conditional pardon for 2 IPP prisoners. The petition was served on the Minister of Justice Alex Chalk MP by Dean Kingham of Rees Thomas Watson solicitors. Read more here... libertaschambers.com/media-hu… pic.twitter.com/SSACttsdTu

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On Friday 7 July, Dr Felicity Gerry KC mitigated on behalf of Jarrad Spence Robinson at a sentencing hearing which led to a life sentence with a minimum term of 32 years for murder by stabbing and ENCRO Chat drug dealing. You can read more here mylondon.news/news/north-lon… pic.twitter.com/lTswG3Bmh9

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Watch the playback via our YouTube Channel, or by the below link: libertaschambers.com/media-hu… #CriminalDefence #Webinar #Barristers #Law

About 5 months ago from LibertasChambers's Twitter via Publer.io

In our latest webinar, Dr Felicity Gerry KC and Marie Spenwyn discuss the delivery of defence openings / summary of issues, how defence statements can be framed to support a defence opening, and what is the bare minimum for opening defence issues which is fair.

About 5 months ago from LibertasChambers's Twitter via Publer.io

Rule 25.9, taken together with the overriding objective allows for a fair and concise rehearsal of the issues raised in the defence statement or alternatively for the jury to be given the defence statement.

About 5 months ago from LibertasChambers's Twitter via Publer.io

𝗗𝗶𝗱 𝘆𝗼𝘂 𝗺𝗶𝘀𝘀 𝗼𝘂𝗿 𝗿𝗲𝗰𝗲𝗻𝘁 𝘄𝗲𝗯𝗶𝗻𝗮𝗿? A practice is growing of asking Defence Counsel to open 1 or 2 sentences after the prosecution opening in serious cases which may not be in accordance with the Criminal Procedure Rules. 🧵 libertaschambers.com/media-hu…

About 5 months ago from LibertasChambers's Twitter via Publer.io

Latest News

Inquest Leads To University Suicide Prevention Report With Libertas Barrister Libertas Member Chaynee Hodgetts has contributed to a Policy Report for members of the “For the 100” campaign, suggesting stronger strategic safeguards need to be implemented across Higher Education Institutions (HEIs), to seek to prevent avoidable University student deaths by suicide. This work follows on from Ms Hodgetts representing the Foulkes family (who also contributed to the Report). The family lost their daughter, Mared Thomas Foulkes, by suicide, after she received an automatically generated issue of an inaccurate “degree fail” exam transcript on her Pharmacy degree course at Cardiff University. Ms Hodgetts became involved with the case, having initially learned, in a Christmas card from a mutual contact, of the family’s struggle to persuade the Coroner that the University should be made an Interested Party (IP) at the inquest – and that the Coroner was not, at that early stage, persuaded as to the potential relevance of the University result received by Mared. Upon becoming instructed on the case, through Mr Ian Winrow of Winrow Solicitors, Ms Hodgetts undertook a full review of the evidence, sought further disclosure, and made written representations in advance of the Pre-Inquest Review (PIR) that Cardiff University should be an Interested Party (IP) at the inquest, because the automatically computer-issued (and factually incorrect) fail result appeared to be directly linked to events involving Mared on the day she died. Tragically, she never knew that the computer-generated result was wrong, and that she had in fact passed. Following Ms Hodgetts’ submissions at the Pre-Inquest Review (PIR), the Coroner ordered Cardiff University must become an Interested Party at the inquest, held in 2021. After several days of evidence at inquest, still represented by Ms Hodgetts, the family learned more – with the Coroner returning a Conclusion of suicide, and directed the University had to improve its exam results policy and provide better pastoral care. Ms Hodgetts’ further representations at inquest, that a Regulation 28 Preventing Future Deaths Report was necessary, were acted upon by the Coroner. The Coroner, in the resultant Regulation 28 Preventing Future Deaths Report, ruled: “Mared Thomas Foulkes, aged 21, died beneath the Britannia Bridge on 8 July 2020. Mared was a student at the School of Pharmacy and Pharmaceutical Sciences at Cardiff University studying for a M Pharm. She had received examination results the morning she died indicating that she had ‘not successfully completed this year/stage of her programme of study’. It was revealed after her death that she had successfully completed the year (once the ratification process had occurred)… During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken… The sharing of examination results and how examinations are marked is complex, confusing, and at times capable of appearing misleading.” The Coroner ruled that Cardiff University were statutorily required to review their policies for the issuing and ratification of exam results, and the provision of proper pastoral support around the time of results day, and made specific recommendations. The University later provided a statutory response to the Coroner, and apologised publicly to the Foulkes family. Mared’s family have since joined the “For the 100” campaign, along with other families seeking improved suicide prevention measures for students in UK Universities. The latest media reporting on the new Policy Report [A. Griffiths, E. Roberts, M. Flynn and C. Hodgetts (with I. Foulkes and G. Foulkes), “The Case for Better Student Suicide Prevention in Higher Education: Some Observations from Wales” (August 2024, Policy Paper)] can be found here: https://www.itv.com/news/wales/2024-11-11/my-daughter-took-her-own-life-seven-hours-after-getting-university-result https://www.dailymail.co.uk/news/article-14068143/student-killed-failed-exam-university-tragedy.html Selected previous media reports on the PIR and inquest can be found here: https://www.bbc.co.uk/news/uk-wales-59080475 https://www.dailymail.co.uk/news/article-9892155/Student-21-dead-learning-failed-Cardiff-University-exam.html https://www.dailymail.co.uk/news/article-10142029/Student-fell-death-bridge-getting-email-WRONGLY-telling-failed-exams.html https://www.dailymail.co.uk/news/article-10211899/Coroner-says-Cardiff-University-change-results-policy-student-killed-mix-up.html The Coroner’s Regulation 28 “Preventing Future Deaths” report, made in respect of Cardiff University, can be found here: https://www.judiciary.uk/wp-content/uploads/2021/11/Mared-Foulkes-Prevention-of-future-deaths-report-2021-0378_Published.pdf The “For the 100’” campaign is a group of parents and families calling for better duty of care for students from Universities, with the “100” signifying the annual number of student deaths by suicide in Universities: https://www.forthe100.org.uk/

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Libertas Chambers Members Defend in Operation Reprefer Grahame James leads Sarah Day in Cardiff Crown Court, representing a defendant charged with multiple conspiracies to breach immigration laws in the EU. Grahame and Sarah are instructed by Mark Davies at Goldstones. Read more about the case here: https://www.bbc.co.uk/news/articles/cvgl79l2ep1o.amp

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Serious Charges against Military Veteran – Case Dropped Chaynee Hodgetts, instructed by Ashley Smith of Ashley Smith Solicitors, secured Not Guilty verdicts, with the Prosecution offering no evidence against a military veteran charged with serious allegations, including controlling or coercive behaviour, stalking involving serious alarm or distress, theft (x 2); criminal damage, and intimidation. After considering Ms Hodgetts’ written application to dismiss all charges, accompanied by Defence solicitors’ written representations, the Prosecution offered no evidence on all charges on this six count indictment – before the application to dismiss was even heard in court. Furthermore, the Prosecution did not pursue any application for a Restraining Order on acquittal (so none was imposed) – and a Defence Costs Order was granted. The Complainant was in full support of this outcome to the case. This case involved representing a military veteran living with PTSD and mental health matters, who was being assisted by the Royal British Legion and other support services.

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Latest Insights

Marie Spenwyn contributes to August edition of Counsel magazine Marie Spenwyn contributed an article to the August edition of Counsel magazine, co-written with Lynda Gibbs KC (Hon). In the article, they explain the process to, and significance of, a course developed for the Inns of Court College of Advocacy (ICCA) for those representing children in the criminal justice system. The ICCA working group set out to draw together myriad resources to better equip practitioners to fulfil their regulatory duties and to continue its push for advocacy for children to be a specialist area of practice. Marie has been a member of the working party for a number of years working on the development of, and now delivery of the training course. Read the article through the link to the edition below – you can find the article on pages 20 and 21 of the publication. https://www.counselmagazine.co.uk/articles/advocacy-for-children-in-conflict-with-the-law In other news, Marie Spenwyn is one of the newly elected Masters of the Bench of Gray’s Inn. More information can be found at the Gray’s Inn website: https://www.graysinn.org.uk/news/new-masters-of-the-bench-trinity-election-2024/

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Sending Christine Keeler to prison was a National disgrace By Dr Felicity Gerry KC I am delighted to see our campaign for the posthumous exoneration of Christine Keeler being covered for 4 days in The Mirror. The campaign is being brought by her son Seymour Platt who was left the task of telling her real story in her will. At the height of the “Profumo Scandal” Christine was the victim of a violent assault by a man called Lucky Gordon. He was prosecuted but sacked his lawyers and represented himself. In cross examination of her, he admitted assaulting her. She told the police she had not mentioned two other witnesses because they asked her not to. On the suggestion that she had lied about about who was present, Gordon’s conviction was quashed by the Court of Appeal (the court unusually expressing their belief that Christine was telling the truth). Nonetheless she was prosecuted for perjury and PCJ. She pleaded guilty and was sent to prison. She was under terrible pressure. For example, news reports account members of the public throwing eggs at her outside the Old Bailey in Stephen Ward’s trial where she was also wrongly accused of being a sex worker. Ward took his life before verdicts on whether it could be shown he was not living on her “immoral” earnings. These events framed Christine Keeler appallingly for the rest of her life, as Seymour Platt has explained in the Mirror. The law on the charges Christine faced (despite being a victim) only applies if there is a “material lie”. That Christine did not state that two other men were present when she was violently assaulted was totally irrelevant, especially as a proper investigation would have revealed they saw the attack and because her attacker admitted in court he assaulted her The Criminal Cases Review Commission is now quite properly investigating the case. The implications of the comments her silk Jeremy Hutchinson QC made at the time made it obvious she pleaded guilty when she was not, and she was shamed, unlike others whose reputation has been restored. There is a real risk that she was wrongly convicted. Sending her to prison was dreadful and she rightly deserves a posthumous exoneration. It would also go a long way to reframing a case that is the epitome of slut shaming, fitting with modern CPS guidance on violence against women and girls

Libertas Chambers

Chambers Article: Rule 25.9(2)(c): Defence Statements and ‘openings’ Traditionally in England and Wales the defence may give an opening address at the start of the defence case, but only where evidence is to be called other than from the accused person. In many cases this means that the issues are not identified clearly until a late stage and in long cases there can be an advantage to the prosecution to dominate the trial issues. In a recent webinar we discussed this topic of delivery of defence openings / summary of issues and how defence statements can be framed to support a defence opening. This article is a summary of the key provisions discussed. Click below to read in full. Download Article now To stay up to date with insight articles, webinars and chamber news why not subscribe to Libertas Lens (our periodic newsletter) – Click here to register

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Latest Events

Dr Felicity Gerry KC will be at the International Bar Association Conference in Paris from 29 Oct to 3 Nov Dr Felicity Gerry KC will be at the International Bar Association Conference in Paris from 29 Oct to 3 Nov – She is the Asia Pacific Member of the Criminal Law Committee – if you are attending, she would be delighted to meet you Conference details here #IBA2023 https://www.ibanet.org/conference-details/CONF2244. Felicity is currently awaiting verdicts in the Al Hassan trial at the ICC and drafted the memorandum that led to the $82m divestment of the Golden City Investment Scheme in Myanmar. She was recently listed as one of the top 5 international lawyers you would want on your side – details here https://lawandcrime.com/partner-content/meet-the-top-5-international-lawyers-you-want-on-your-side/amp/

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Celebrating South Asian Heritage Month NOTE: This event has now been cancelled. Libertas Chambers members celebrate South Asian Heritage Month (SAHM) with a wide-ranging panel discussion on legal issues and careers to honour, recognize, and appreciate South Asian history and culture, as well as to comprehend the rich cultural legacy of countries within South Asia. This webinar presented by our members celebrates the accomplishments and legacy of individuals with origins in the South Asian countries. Presented by our members with South Asian heritage who have expertise in corporate and criminal law on issues concerning South Asian business, countries and heritage in celebration of South Asian heritage month. We are proud to have several practitioners of South Asian origin, which make up 20% of our staff and a collective command of 8 different regional languages. To ensure you don’t miss out on future events please register for our newsletter by clicking here.

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Webinar Video – Defence Statements and Openings: Rule 25.9 and being fair and concise We recently held a webinar on Defence Statements and Openings: Rule 25.9 and being fair and concise. A practice is growing of asking Defence Counsel to open 1 or 2 sentences after the prosecution opening in serious cases which may not be in accordance with the Criminal Procedure Rules. Rule 25.9, taken together with the overriding objective allows for a fair and concise rehearsal of the issues raised in the defence statement or alternatively for the jury to be given the defence statement. This webinar discusses the delivery of defence openings / summary of issues, how defence statements can be framed to support a defence opening, and what is the bare minimum for opening defence issues which is fair. Presented by Dr Felicity Gerry KC and Marie Spenwyn Felicity and Marie have significant experience defending in the most serious of criminal matters including homicide, terrorism and war crimes. Both are co-authors of The Sexual Offences Handbook (3rd Ed forthcoming). They are well versed in taking procedural challenges and taking the best strategic approaches for clients. To ensure you don’t miss out on future events please register for our newsletter by clicking here.

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