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It has been exactly one year since our webinar on Forensic Archaeology and Evidence Storage. If you would like to catch up a video of the webinar can be found here: youtube.com/watch?v=ehsrGw… Remember to like and subscribe! #barristers #yearago #webinar youtube.com/watch?v=ehsrGw…

Yesterday from LibertasChambers's Twitter via Publer.io

The Webinar is free to attend and begins at 18:00 on Thursday - 29th September. Click here to sign up on Eventbrite today! #webinar #law #legal #barrister #barristers #event #lecture

About 2 days ago from LibertasChambers's Twitter via Publer.io

It will consider the limitations of the ‘Modern Slavery Defence’ in section 45 of the Modern Slavery Act 2015 following recent cases of 𝘙 𝘷 𝘉𝘞𝘔, 𝘙 𝘷 𝘈𝘈𝘋 𝘢𝘯𝘥 𝘰𝘵𝘩𝘦𝘳𝘴 and 𝘉𝘳𝘦𝘤𝘢𝘯𝘪.

About 2 days ago from LibertasChambers's Twitter via Publer.io

It will focus on the use of the National referral mechanism for victims of human trafficking at risk of prosecution for terrorism offences or where they are alleged to have participated in serious organised crime as part of an alleged ‘County Lines’ network.

About 2 days ago from LibertasChambers's Twitter via Publer.io

Presented by our members Dr Felicity Gerry QC, Gerard Hillman and Chaynee Hodgetts.

About 2 days ago from LibertasChambers's Twitter via Publer.io

Great news: we are starting our webinars again after taking a break over the summer! Our first webinar of the new run will be titled 𝗧𝗲𝗿𝗿𝗼𝗿𝗶𝘀𝗺, 𝗖𝗼𝘂𝗻𝘁𝘆 𝗟𝗶𝗻𝗲𝘀 𝗮𝗻𝗱 𝗠𝗼𝗱𝗲𝗿𝗻 𝗦𝗹𝗮𝘃𝗲𝗿𝘆. Sign-up is now open. eventbrite.co.uk/e/terrorism-…

About 2 days ago from LibertasChambers's Twitter via Publer.io

Another success for our Head of Chambers @csokaqc twitter.com/LibertasChambe…

About 5 days ago from LibertasChambers's Twitter via Twitter Web App

The case concerned a Cayman Islands based investment fund which provided litigation funding for no-win no-fee cases in the UK. For more information, head to our website: libertaschambers.com/media-hu… #Chambers #QC #Solicitors #Barristers #Trial #Crime

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

𝗦𝗶𝗺𝗼𝗻 𝗖𝘀𝗼𝗸𝗮 𝗤𝗖 𝗦𝗲𝗰𝘂𝗿𝗲𝘀 𝗔𝗰𝗾𝘂𝗶𝘁𝘁𝗮𝗹 𝗢𝗳 𝗦𝗼𝗹𝗶𝗰𝗶𝘁𝗼𝗿 𝗜𝗻 𝗦𝗙𝗢 𝗣𝗿𝗼𝘀𝗲𝗰𝘂𝘁𝗶𝗼𝗻 The trial, prosecuted by the SFO with two QCs, a junior and over 30 disclosure juniors, ran for five months at Southwark. pic.twitter.com/PmysPdvput

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

Great news: we are starting our webinars again after taking a break over the summer! Our first webinar of the new run will be titled 𝗧𝗲𝗿𝗿𝗼𝗿𝗶𝘀𝗺, 𝗖𝗼𝘂𝗻𝘁𝘆 𝗟𝗶𝗻𝗲𝘀 𝗮𝗻𝗱 𝗠𝗼𝗱𝗲𝗿𝗻 𝗦𝗹𝗮𝘃𝗲𝗿𝘆. Sign-up is now open. eventbrite.co.uk/e/terrorism-… pic.twitter.com/FFtL3OZwOB

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

Latest News

Simon Csoka QC Secures Acquittal Of Solicitor In SFO Prosecution Simon Csoka QC and Michael Lavery (Exchange Chambers) secure acquittals on all counts for their client at Southwark Crown Court. He was the only defendant acquitted. The trial, prosecuted by the SFO with two QCs, a junior and over 30 disclosure juniors, ran for five months at Southwark. The case concerned a Cayman Islands based investment fund which provided litigation funding for no-win no-fee cases in the UK. The fund collapsed in 2012 with losses of over £100 million to pension investors internationally. There was an extensive offshore group of companies in Cayman, Switzerland, Panama, the Marshall Islands and the Isle of Man. Richard Emmett was the senior partner of a substantial firm of solicitors which received the largest share of the funding. He was charged with fraudulent trading and money laundering. Mr Csoka QC was instructed by Mr Paul Schofield of Farleys solicitors. Simon and Michael would like to thank him and his team in the Financial Crime department for their thorough and proactive preparation of Mr Emmett’s defence. Links: The Times Financial Times Daily Mail

Libertas Chambers

Adam Kane QC Secures Acquittal on Murder Charges Adam Kane QC secured the acquittal on all counts of the oldest of 3 brothers charged with murder, attempted murder and wounding offences in Bradford. After a 6-week trial the jury acquitted Aizaz Khan over his involvement in a revenge machete attack following an earlier brawl in the City centre. In evidence, Mr Khan denied deliberately rounding up his siblings and others and driving them, armed, to and from the attacks. Mr Kane QC was instructed by Kingsman Solicitors, and thanks the instructing partner Jabran Hussain and his junior Imran Khan for supporting his observance of the Bar’s days of action throughout the trial.

Libertas Chambers

Dr Felicity Gerry QC Secures Acquittal on ‘Joint Enterprise Murder’ Felicity’s young adult client was acquitted of murder and attempted murder at Bradford Crown Court on Thursday 14th July 2022. The prosecution had alleged that there was a joint plan to exact revenge after an attack upon her client’s friend. The jury convicted three in the group, one as principal in murder and wounding with intent and the others as secondary parties in manslaughter. It was accepted by the prosecution and obvious from the CCTV footage that her client had no weapon and chased nobody. However, the judicial directions set out the prosecution case based on an inference that he jumped out of a car and stood in the road so that relevant people knew he was there and by doing so, his actions encouraged and were intended to encourage the principal offender to carry out his attacks. Plainly by the verdicts, the jury rejected the prosecution case theory that Felicity’s client was part of a plan to attack and they must also have concluded that he did not encourage any such conduct at the scene. This is a case that demonstrates the value of precision on how a case is put and the effort that needs to be exerted to properly reach not guilty verdicts. You can read more about the case here, but it is important to note the sentencing remarks do not reflect Felicity’s client’s case: https://www.thetelegraphandargus.co.uk/news/20282656.kian-tordoff-murder-trial-every-word-judges-sentencing-speech-full/. We also ask you to bear in mind there have been some dreadful racist comments in relation to this matter on social media. Felicity takes the issue of race in the criminal justice system very seriously. You can read her article on race and joint enterprise. Felicity led Sanjeev Sharma of Equity Chambers and was instructed by Ali and Co Solicitors in Bradford.

Libertas Chambers

Latest Insights

The Use of Rap Lyrics in Criminal Trials As the New York State Senate debates Senate Bill S7527, to limit the admissibility of evidence of a defendant’s creative or artistic expression against such defendant in a criminal proceeding, this article sets out some of the issues we discussed in our Libertas Lecture / Webinar. We raise concerns about the way rap lyrics are used in criminal trials in a way that does not appear to arise in relation to other genres. The issues outlined below are explored in more detail in A Owusu-Bempah, ‘The Irrelevance of Rap’ [2022] Criminal Law Review 130. For decades, rap has been one of the most popular and profitable genres of music worldwide. While some subgenres of rap, such as ‘drill’, are characterised by first-person accounts of criminality, this should not be taken at face value. Rap relies heavily on hyperbole, figurative language and dark humour. It can operate as a form of social commentary, but much of the content is fictional and driven by commercial interests, as violence sells. For many, rapping is seen as a route to financial security, but it can also be cathartic, and generate a sense of belonging, particularly beneficial for those who come from marginalised communities. As well as being a vibrant part of youth culture, rap music has become a target for police and prosecutors, with lyrics and music videos seemingly offering a means of linking suspects and defendants to crime. However, when rap is presented as evidence in court, the artistic conventions and social influences of the genre are often overlooked, and the use of (often irrelevant and unreliable) rap as evidence at criminal trials risks unduly prejudicing jurors against defendants. This is evident from the case law. An analysis of over 30 reported judgments in the Court of Appeal of England and Wales (Criminal Division) in which rap lyrics or rap videos were used as evidence at a criminal trial or treated as an aggravating factor at sentencing shows that rap music is used almost exclusively as evidence against young Black men and boys (usually teenagers) who are accused of serious offences (namely weapons offences and violent offences, including homicide) in London and other urban areas. Often these are cases of ‘joint enterprise’ or alleged secondary liability, where rap is used to link defendants to each other and the crime, and often, or at the same time, as evidence of gang involvement, to place an offence in a gang context and to highlight association through music as a question of character, not culture. It is an extra burden for defence counsel to deal with such tropes, especially in highly charged murder or conspiracy to murder trials where some accused persons are associating on the periphery of a group through music. This profile of cases, properly analysed, is concerning: Prosecutors may benefit from themes and aesthetics within rap music, by erroneously taking rap literally and using it to help build a case in which Black boys and men represent, or fit into, stereotypes of what a criminal looks or behaves like, including by branding them as ‘gang members’. The term ‘gang’ is vague and has been disproportionately applied to Black young people, including many who are not involved in crime, and in a way that does not correlate to the commission of serious youth violence.[1] This disproportionate application equips the term ‘gang’ with the ability to evoke images of Black criminality. Rap music can be used to amplify those images and further link Black men and boys to crime. It is also concerning that, in their capacity as ‘gang experts’, police officers are often relied on to interpret and contextualise rap lyrics and videos. Being an expert on gangs does not, without more, make one an expert on rap. Unless the officer has studied the history, culture and conventions of the genre, has kept up to date with ever-changing slang, and/or is actively involved or immersed in rap culture, it would be more appropriate for the court to hear from musicians, industry insiders and social scientists, particularly scholars of hip-hop, rap and popular culture. We must also question the extent to which police can act impartially in this role. The organisation JUSTICE, has gone as far as to say that, in the context of explaining drill music, ‘the use of police officers as experts amounts to no more than the prosecution calling itself to give evidence.’[2] In one homicide trial, in which Dr Felicity Gerry QC defended, one lyric relied on by the prosecution to impute bad character appeared in a search on Lyrics.com in 74,283 lyrics by 46 artists, and in 48 albums. Spelt another way, it appeared in 1,836 lyrics by 100 artists, and in 3 albums. These searches were undertaken by the defence, not the police officer who gave evidence. In that case, some music evidence was excluded by the trial judge but evidence of ‘nicknames’, hand signals and postcodes were admitted – suggesting at least the ‘ghettoization’ of young people in certain locations, even though Felicity’s client lived elsewhere. Her client and another were acquitted. A co-defendant, an emerging rap artist, was convicted. Perhaps of most significance to criminal lawyers is the seemingly relaxed approach that the courts have taken to assessing the relevance and prejudicial effect of rap music as evidence of a crime. While lyrics that are directly connected to the crime charged could be relevant, in that they make it more likely that the author of the lyrics has some knowledge of (or connection to) the offence, rap was usually not presented in this way. Most often, generic and common-place lyrics about weapons and violence were used to help prove: state of mind (e.g. R v Soloman [2019] EWCA Crim 1356); criminal association and presence at the scene of a crime (e.g. R v Lewis [2014] EWCA Crim 48); propensity for violence or familiarity with firearms (e.g. R v O [2010] EWCA Crim 2985); and motive (e.g. R v Sode [2017] EWCA Crim 705). In Sode, a two-year-old music video in which the appellant was said to make gestures and remarks consistent with support for a gang (created when he was 14-years-old), was used as evidence of gang membership, which then went to the motive for an apparent gang rival attack. Likewise, it has been reported that at a first instance ‘joint enterprise’ trial, a rap video made as part of a community project was used as evidence against the young people who made it, which seems a remarkable approach by the prosecution. Importantly, the same approach is not taken when groups of rugby fans emulate Sir Tom Jones singing about killing Delilah. The research by Dr Owusu-Bempah thus far shows that gang membership cannot be as easily inferred from rap music as the case law suggests. Assuming lyrics or videos are interpreted correctly, references to gangs is common in some rap subgenres, and non-gang affiliated young people participate in gang-themed music for a variety of reasons, including for fun, to appear more authentic, boost popularity, or as a ‘nod to’ their local audience. Also, Amnesty International found that identifying with a gang is ‘porous, fluid and often “for show”’,[3] making it difficult to draw a reliable inference of current affiliation from past indicators of support for a gang. That the age of the video in Sode was said not to ‘reduce its impact or diminish its relevance’ also demonstrates a lack of scrutiny of factors surrounding the creation of rap which affect relevance and probative value. As for prejudicial effect, several empirical studies in the U.S. have found bias against rap music, rooted in racial stereotypes. For example, a 2018 study by Dunbar and Kubrin gave participants identical lyrics, with some being told it was rock, some country and some rap. The participants were ‘more likely to assume that a rapper is in a gang, has a criminal record, and is involved in criminal activity than are artists from other music genres, and this is based merely on the genre of the lyrics.’[4] These studies reveal the risk of rap music reinforcing biases, as well as the risk of rap being taken too literally. Yet, the racialised nature of rap evidence was not mentioned or addressed in any of the cases analysed, and the judgments tend to only go as far as acknowledging the potential for prejudicial effect, taking the view that admission was not ‘unduly prejudicial’, with little explanation as to why (e.g. R v Awoyemi [2016] EWCA Crim 668). Moreover, while directions to the jury are important (R v Rashid [2019] EWCA Crim 2018), they need not include information that will assist jurors to make sense of rap, such as the broader cultural context, artistic conventions, or the social influences within the rap music genre. This lack of context increases the risk of both improper reasoning and moral prejudice. In other words, discriminatory inferences from musical interests do not help juries to reach safe verdicts. Fortunately, the increased use of rap as evidence has been accompanied by increasing pushback from academics, lawyers and NGOs, arguing for a far more rigorous approach to the admissibility and use of rap evidence. While the CPS is drafting new guidance on the use of drill music as evidence,[5] it is instructive to look to the proposed Bill in New York.[6] Under the proposal, evidence of a defendant’s creative or artistic expression would be inadmissible unless it is proven with clear and convincing evidence that it: is literal rather than figurative or fictional; has a strong factual nexus indicating that it refers to the specific facts of the crime alleged; is relevant to a fact in issue; and has distinct probative value not provided for by other admissible evidence. Importantly, any criteria for admission must not become a tick-box exercise to justify the admission of rap as evidence. Rather, we should strive to understand how approaches to ‘character’ ignore culture and to keep irrelevant, unreliable and/or highly prejudicial evidence out of the courtroom by not using rap lyrics in criminal trials. [1] Amnesty International, Trapped in the Matrix (London: Amnesty International, 2018); See also P. Williams and B. Clarke, Dangerous Associations: Joint Enterprise, Gangs and Racism (London: Centre for Crime and Justice Studies, 2016). [2] JUSTICE, ‘Tackling Racial Injustice: Children and the Youth Justice System’ (London: JUSTICE, 2021), para. 2.51. [3] Amnesty International, Trapped in the Matrix (2018) p.9. [4] A. Dunbar and C.E. Kubrin, ‘Imagining Violent Criminals: An Experimental Investigation of Music Stereotypes and Character Judgments’ (2018) 14(4) Journal of Experimental Criminology 507, 521. [5] https://www.bbc.co.uk/news/uk-england-nottinghamshire-60070345 [6] https://www.nysenate.gov/legislation/bills/2021/s7527 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

Libertas Chambers

Chambers Article: Miscarriage of Justice – The importance of the Crime Scene in Murders Siobhan Grey QC examines the implications of the recent case of R v Patryk Pachecka and the important role played by the media in overturning a conviction for murder and the significance of scientific and pathological evidence in changing the forensic narrative and leading to the unanimous acquittal of the Defendant. Siobhan Grey QC represented Patryk Pachecka and was instructed by Jason Lartey of Lartey and Co. 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

Libertas Chambers

Gross Negligence Manslaughter; Medical, drug and food related deaths This short article draws on a recent Libertas webinar featuring Dr Oliver Quick and our Felicity Gerry QC which reviewed recent cases involving medical, drug and food related deaths and identified areas of ongoing uncertainty and controversy. Felicity defended the appeal in Rebelo where the Court of Appeal of England and Wales considered manslaughter in the context of a diet pill bought online and the scope of women’s autonomy in eating disorders. She has long experience of appearing in cases of homicide involving complex legal and medical issues. Oliver Quick is Reader in Law and Co-Director of the Centre for Health, Law and Society at the University of Bristol. He has written widely about law and patient safety with particular expertise on gross negligence manslaughter. His research was heavily cited in the Independent Review of Gross Negligence Manslaughter and Culpable Homicide established by the General Medical Council. 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

Terrorism, County Lines Cases and Modern Slavery – Webinar TERRORISM, COUNTY LINES CASES AND MODERN SLAVERY DEFENCES This webinar is presented by our members Dr Felicity Gerry QC, Gerard Hillman and Chaynee Hodgetts and will focus on the use of the National referral mechanism for victims of human trafficking at risk of prosecution for terrorism offences or where they are alleged to have participated in serious organised crime as part of an alleged ‘County Lines’ network. It will consider the limitations of the ‘Modern Slavery Defence’ in section 45 of the Modern Slavery Act 2015 following recent cases of R v BWM, R v AAD and others and Brecani. Presented by our Dr Felicity Gerry QC, Gerard Hillman and Chaynee Hodgetts: Felicity’s PhD was on criminal justice as a strategic game for trafficked women. She is also a contributor to Human Trafficking and Modern Slavery Law and Practice (Bloomsbury). She appeared for a successful applicant in R v AAD and others. Gerard represented the young female accused of terrorism where the prosecution was recently discontinued after a referral to the NRM. Chaynee, one of our newest members, has over 10 years’ experience as an academic and is working with Dr Gerry on research to improve modern slavery frameworks. Register today – https://www.eventbrite.co.uk/e/county-lines-and-modern-slavery-registration-383321754687 To ensure you don’t miss out on future events please register for our newsletter by clicking here.

Libertas Chambers

Libertas Member secures acquittal on all charges Darren Snow, instructed by Angela Graham at the Royal College of Nurses, represented senior nurse SG before a fitness to practice hearing. Allegations were made that Darren’s client had prescribed methadone outside national guidelines and outside his competence to a historic heroin user who had come off a methadone script 10 days earlier and was not testing positive for opiates. In evidence, it became clear that Darren’s client was a highly respected specialist working with drug users, one of the leading specialist nurse practitioners in this field and the private health care company employing him had policies for treatment that were 10 years out of date and did not reflect nor even understand what national standards were for this specialist approach to treatment known as “retox”. As a matter of law, Darren’s client was authorised to prescribe methadone as a specialist nurse prescriber and was working well within his scope of practice and area of expertise at the time. Darren’s client had decided to prescribe a low dose of methadone to reintroduce the patient to that medication in the hope that it prevented a relapse back onto heroin. Evidence revealed that the nurse’s employer had subsequently cancelled the prescription as it was not recognised by their policy and discharged the patient, who was at high risk of heroin relapse and death, back into the community with no further treatment or review. As part of the defence case, Darren called Dame Clare Gerada, President of the Royal College of GPs – herself an expert in this area – and Professor Sir John Strang, of Kings College London, a leading specialist in drug treatment work with expertise in reintroducing methadone to historic heroin users at risk of relapse. Professor Strang is responsible for the Orange Book, the national guidance on drug treatment work, which supported the use of “retox”. The nurse’s actions were supported by expert and practitioner evidence as clinically appropriate and in the patient’s best interests. Allegations of prescribing methadone when it was not clinically appropriate, not best practice and without seeking authorisation were all dismissed by the Tribunal. For further information on Darren Snow and our Professional Disciplinary work for healthcare practitioners, please contact our senior clerk, Marc King.

Libertas Chambers

Libertas Chambers’ delegation is Florida-bound in July Three members of Libertas Chambers will be heading to the University of Gainesville, Florida, next month as part of the South-Eastern Circuit (SEC) initiative to participate in a unique training programme. Caroline Goodwin QC will lead the delegation, supported by Laura Jane Miller, Syam Soni and two Circuit juniors to deliver the five-day course which aims to develop participants’ trial skills and hone their approach to evidence. Caroline Goodwin QC said: “This is a fantastic opportunity to be part of an international program designed to reflect the skills and bespoke approach to trial advocacy which we value so highly and is the envy of the world. We will be there at a time when there have been extraordinary decisions made by the US Supreme Court, as in the case of Roe v Wade. We will be afforded a unique insight into the legal system and its associated dynamics, at a time of considerable interest and debate.”

Libertas Chambers