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The aim of our Media Hub is to provide you a simple place to keep up with the ongoings at Libertas. From News Updates, Insights & Publications, to Events & Webinars. Simply scroll down to see featured items and more.
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Featured
Closing prisons in Prospect Magazine
In her first article for the prestigious Prospect Magazine, Dr Felicity Gerry KC writes under the title “It is not radical to want to close prisons”. There are over 80,000 people in prisons and young offender institutions in England and Wales. A huge number are on remand, not convicted of any crime and supposedly presumed innocent. They are the prisoners most likely to commit suicide. Many of those waiting will be found not guilty or will be sentenced to less time than they have served. Thousands will be held in strict confinement for relatively minor offences, even where reasonable alternatives are known to be effective….
You can read the article here https://www.prospectmagazine.co.uk/politics/close-prisons-ministry-of-justice-backlog-police-jail-cell
Prospect is Britain’s leading current affairs monthly magazine. It is politically independent, with no party-political affiliation or agenda. It is a not-for-profit organisation, founded in Britain in 1995. Prospect has established itself as a must-read title with key figures in government, journalism, policy making and business. People turn to Prospect for the ideas and trends behind the headlines and for a contrarian view of topics.
Libertas Chambers
Featured
Ongwen Appeal at the International Criminal Court
The decision in the Dominic Ongwen Appeal was handed down on Thursday 15 December 2022. All of his grounds of appeal were dismissed. However, one judge recognised the importance of the non-punishment principle for former child soldiers from the Amici brief observations submitted by Dr Felicity Gerry KC who attended the appeal hearing and led a group of practitioners and academics in submitting the brief. In paragraph 107 of the Partly Dissenting Opinion of Judge Luz del Carmen Ibáñez Carranza referred to the observations of Gerry et al as follows:
107. Gerry et al., drawing upon their expertise in modern slavery law and criminal responsibility, submitted that “‘non-punishment’ of victims of modern slavery/human trafficking includes the non-liability of former child soldiers who commit crimes when they continue to suffer the effects of their victimhood through compromised mental health”.They noted that the Trial Chamber “did not consider or express any legal principles for evaluating the effect of being a child soldier nor the mental health nexus” in the trial or sentencing phases.They discussed “the need to recognise the long-term effects of being a child soldier”.They stressed the importance of applying relevant legal principles to the question of Mr Ongwen’s criminal responsibility in light of the fact that he was “made into a child soldier by the means and purposes of others” and that he “suffered as a consequence”.
Non punishment of victims of human trafficking / modern slavery is an emerging norm in criminal law and remains an important issue for prosecutors to consider when seeking to prosecute former child soldiers and other victim perpetrators.
You can read the Amici observation here https://www.icc-cpi.int/court-record/icc-02/04-01/15-1929
You can read about the Ongwen appeal here https://www.icc-cpi.int/cases?f%5B0%5D=state_of_%3A132
Libertas Chambers
Latest News
Acquittal in a “joint enterprise” murder by shooting in Dudley
A jury sitting before Bennathan J at the Loughborough Super Court returned not guilty verdicts for Felicity’s client on both murder and a firearms offence on 18 January 2023 after a 3 month trial.
The case was alleged to be pre planned by 8 defendants but, during the course of the trial, the case against Felicity’s client changed to the point that the judicial directions properly asked the jury to consider whether the prosecution had proved he had carried out any relevant conduct at all.
Felicity led Afzal Anwar of 33 Bedford Row and was instructed by Sardar Asghar of DNL Law Ltd.
You can read more about the case and the mixed verdicts here: https://www.bbc.co.uk/news/uk-england-birmingham-64338673
(note the charge of conspiracy referred to in the article was amended to murder)
Libertas Chambers
Aggravated burglary acquittal for Libertas Client at Kingston Crown Court
Syam Soni secures acquittal for client accused of aggravated burglary at Kingston Crown Court
Syam’s client, along with 2 others, was said to have attacked the home of a severely disabled man with knives. The Defendant’s DNA was recovered from a window through which entry was attempted. The timely instruction of an expert allowed for the forensic evidence to be robustly challenged.
Syam successfully resisted the Prosecution‘s application to adduce several previous convictions relating to weapons, drugs and violence.
Syam was instructed by Kaddy Bojang of Taylor Rose MW Solicitors.
Libertas Chambers
Darren Snow in Pro Bono success at the NMC
Darren Snow recently represented a nurse before the Nursing & Midwifery Council in fitness to practice proceedings concerning potentially career ending allegations of patient abuse, dishonesty and multiple clinical failures at a care home involving several patients, one of whom had died and been the subject of neglect allegations by the family.
Darren acted pro bono, instructed by Advocate. The allegations went back several years and until Darren’s involvement the nurse had been a litigant in person with no legal advice or support at all. The nurse had continued to work with new employers in the interim without any interim order in place.
Darren was able to get a substantial amount of highly prejudicial material excluded from the hearing including evidence from an inquest and police investigation – all accepted by the NMC to be inadmissible despite their initial attempts to rely upon it in the proceedings. At the hearing Darren’s submissions led to all charges of patient abuse and dishonesty being dismissed. Limited findings on separate charges were made by the Panel in respect of clinical failures leading to a 1-year caution order being imposed.
In feedback to Advocate the nurse said of Darren “I would particularly like to thank Darren Snow, without his legal knowledge I would not have got through it”
Darren Snow is ranked in the Legal 500 as a leading junior in professional discipline work. He has a wealth of experience successfully defending nurses and midwives at the NMC and regularly acts for the RCN and other defence organisations.
For further information on Libertas’s Professional Disciplinary and Pro Bono work please contact our clerks.
Darren Snow
Festive Season Opening Hours
As the year begins to draw towards it’s end we would like to thank all customers, clients, partners and contacts for being part of our journey through 2022 and wish you all a fantastic festive season and a happy new year.
Our team will be on hand over the festive period as per the times below.
Friday 23rd December 8.30am – 1.30pm
24th – 27th December – Closed
Wednesday 28th December – 9am—2pm
Thursday 29th December – 9am—2pm
Friday 30th December – 9am—2pm
31st December – 2nd January – Closed
3rd January 2023 – Normal hours resume
Once again, many thanks for working with Libertas during 2022 and we very much look forward to working with you in 2023.
Libertas Chambers
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Latest Insights
Chambers Article: Closing Prisons? The Howard League for Penal Reform meets Coaching Inside and Out and The Longford Trust.
This Article by Dr Felicity Gerry KC accompanies our Libertas Chambers webinar on closing prisons which you can watch here – Libertas YouTube
The webinar explored penal policy and prisoner potential with Andrea Coomber KC(Hon), CEO of the Howard League for Penal Reform, Clare McGregor, Founder of Coaching Inside and Out, Abi Andrews, Employability Manager at The Longford Trust. Presented by our Dr Felicity Gerry KC, these pioneering women discussed legal services as a lifeline and the impact alternatives such as coaching and employability projects, can have for those who find themselves ‘behind bars’.
Click below to read in full.
Download Article now
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Libertas Chambers
FIRST OF A KIND LEGAL ARTICLE
Chaynee Hodgetts has published an article in the Solicitors Journal on the risks of false positives in forensic alcohol testing
The article is understood to be the first of its kind for the legal literature, in scrutinising the risk that false positive alcohol metabolite testing results could potentially be caused by hair bleaching and hand sanitiser.
Chaynee, one of our newest tenants, has over 10 years’ experience as an academic and Law Lecturer, and is now an Honorary Lecturer in Criminal Law and Medical Law, assisting at both Bangor University and on MSc programmes at QMUL’s Centre for Trauma Sciences (C4TS) at the Blizard Institute.
The article explains alcohol metabolite testing (tests for EtG, EtPa and FAEE), and highlights the little-known, but highly relevant, effect of hair bleaching and the risk of false positive results. It also explores a novel and original issue, only just developing in the scientific literature – and, to date, not explored in case precedent – whether alcohol-based hand sanitiser (ABHS) could be leading to false positive errors in forensic alcohol testing in criminal and family cases.
The full article is free to access and share here: www.solicitorsjournal.com/sjarticle/hands-face-alcohol-trace-hair-dye-hand-sanitiser-and-forensic-tests/602831
Libertas Chambers
Examining the legal and evidential challenges of raising a modern slavery defence in the criminal courts of England and Wales
Dr Felicity Gerry KC and Chaynee Hodgetts publish an article in UK Criminal Law Review the leading quality journal for all those involved in criminal law.
The article examines the legal and evidential challenges of raising a modern slavery defence in the criminal courts of England and Wales. 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. Chaynee, one of our newest tenants has over 10 years’ experience as an academic.
The article discusses three areas:
The complexities of the admission of, and reliance on, expert evidence, despite the recognition in English law of the importance of identifying victims of human trafficking – and how the consequences of their victimhood can be long-term.
The limitations of the statutory defence under s.45 of the Modern Slavery Act 2015 where the balance appears to remain problematic, rather than providing protection, due to the exclusionary provisions in Schedule 4.
The limitations of the requirement for compulsion for the operation of the defence, rather than a recognition that the trafficked person loses their autonomy through exploitation and should not bear criminal responsibility
The article was written together with Riccardo Pagano of Thompson and Co Solicitors.
For those with a subscription the full article can be found here – https://www.sweetandmaxwell.co.uk/Product/Criminal-Law/Criminal-Law-Review/Journal/30791441
Libertas Chambers
The Aims of Sentencing – Preventing Re-Offending? – By Marie Spenwyn
This article reviews the recent research report published by the Sentencing Council examining the effectiveness of sentencing with a view to approaches to mitigation. The report concluded that the evidence does not support a conclusion that more severe sentences have a significant deterrent effect on the offender or on offending behaviour generally.
Measuring the effectiveness of sentencing is a key part of the role of the Sentencing Council. On the 30th September 2022 a report was published authored by Dr Jay Gormley and Dr Ian Belton entitled “The Effectiveness of Sentencing Options on Reoffending”. The following appears in the key findings section of the report:
The evidence does not suggest that using more severe sentences (particularly sentences of immediate imprisonment over other disposals) has significant deterrent effects on the person sentenced or the general population. However, more evidence is needed to assess the deterrent effects of suspended custodial sentences, rather than immediate imprisonment, on those subject to such an order.
The report also finds that the evidence demonstrates – in fact ‘strongly suggests’ – that sentences of immediate custody under twelve months are less effective than other types of sentence when focusing on preventing reoffending. The authors state in that context that there is a ‘reasonable body’ of evidence which indicates that use of short sentences can in fact increase reoffending. An understanding of these findings may assist those presenting submissions as to sentence in certain cases.
The use of sentencing guidelines when mitigating in circumstances where it is clear what category a case will fall into, either by agreement or by direction from the bench during submissions, can often place a case into the significant bracket where – once an appropriate reduction for plea and for mitigation are taken into account – the question of whether a sentence can properly be suspended is a key consideration for the court. Reference to the guideline on use of suspended sentences and the significant authority of Petherick [2012] EWCA Crim 2214 assists those mitigating in making targeted submissions to seek to persuade the court to an option that does not involve immediate custody. Considering the import of aspects of this report in a measured way, focused as it is on the effectiveness of sentences, could well assist those tasked with inviting the court to avoid a prison sentence.
Further, depending on the facts of the case and the circumstances of the offender, the advocate may also draw assistance from some of the specifics within the report – for example when representing females (see part 7). For children, the focus on age and brain maturity (see part 3) are areas that could be drawn together with the overarching principles when sentencing young offenders to highlight pertinent features.
The aims of sentencing are enshrined in section 57 of the Sentencing Code for adults (offender aged 18 or over when convicted). Entitled “purposes of sentencing”, s57(2) states that, save in relation to disposals under the Mental Health Act 1983 or mandatory sentences, the court must have regard to:
(a) the punishment of offenders,
(b) the reduction of crime (including its reduction by deterrence),
(c) the reform and rehabilitation of offenders,
(d) the protection of the public, and
(e) the making of reparation by offenders to persons affected by their offences
For children – those under 18 – section 58 reiterates that nothing in the code affects the duty of the court to have regard to the welfare of the child and the principle aim of the Youth Justice System: preventing offending or re-offending. For adults one of the aims the court must have regard to is deterrence and reduction in crime – so implicitly reduction in re-offending; for children it is the duty of the court to have regard to preventing re-offending.
It is striking that the research does not find support on the current evidence that sentences of immediate custody – as opposed to other alternative disposals, specifically suspended sentence orders or in the case of children intensive rehabilitation orders – have a deterrent effect on the person being sentenced or the ‘general population’. When mitigating in a situation where there is a genuine question for the court as to whether imposing immediate custody in the form of imprisonment, detention in a young offender’s institution or, for those under 18, a detention and training order, an awareness of these findings could be usefully woven into submissions. In combination with a thoughtful pre-sentence report setting out a programme for sentence specifically targeting the prevention further offending acknowledging these findings might assist in what can often be a delicate balancing exercise for the court.
Marie Spenwyn
November 2022
Download Article here
Libertas Chambers
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Latest Events
The Best Way to Develop the Current Law on Complicity, AKA “Joint Enterprise”
The Best Way to Develop the Current Law on Complicity, AKA “Joint Enterprise”
LIBERTAS CHAMBERS ONLINE LECTURE 23 February 2023 at 6pm.
THE BEST WAY TO DEVELOP THE LAW ON COMPLICITY AKA “JOINT ENTERPRISE”
As concerns rise about the incarceration of accessories to murder for increasingly long periods of time, this webinar will consider the current substantive law of complicity, and where it could be improved. The focus is on the physical components of the crime and will suggest there are the tools available in the law already to improve the law, particularly picking out the need for a substantial contribution by the accomplice, and a sufficiently high level of fault.
Presented by our Dr Felicity Gerry KC and Professor Matthew Dyson (Corpus Christi College, Oxford): Felicity is well known for leading in the UK Supreme Court in R v Jogee and for defending cases involving issues of complicity in homicide, terrorism and international crimes. Matthew was a defence expert in R v Jogee. He made a leading contribution to the correction of the error of law and is widely published in the field. This webinar presents his recent research into how to regulate liability in complicity with greater legitimacy.
Register today – https://www.eventbrite.co.uk/e/the-best-way-to-develop-the-law-on-complicity-aka-joint-enterprise-tickets-473220534357
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Libertas Chambers
Art Law, Cultural Loss and Terrorism – Webinar Video
We recently held a webinar presenting the research of Dr Jonathan Harris from his edited collection Terrorism and the Arts Practices and Critiques in Contemporary Cultural Production.
We also discussed contemporary legal challenges in the context of terrorism and art and considered art law in the context of cultural loss in transnational and international law.
Libertas’ own Dr Felicity Gerry KC and Fahrid Chishty presented the webinar alongside Dr Jonathan Harris.
Felicity is experienced in law on accountability for destruction of cultural heritage and organised crime involving the trafficking of antiquities and has been instructed in a complex historic matter involving reparations for cultural loss.
Fahrid specialises in organised crime and has published on the systematic erasure of historic Armenian heritage.
To ensure you don’t miss out on future events please register for our newsletter by clicking here.
If you would like to read a write-up of the event please do so by downloading from the link below:
Download Article here
Libertas Chambers
CLOSING PRISONS? HOWARD LEAGUE MEETS COACHING INSIDE AND OUT – Webinar
Video: click here
Dickens wrote when the Marshalsea prison was closed: “the world is none the worse without it.” Prisons are an expensive failure. There are over 81,000 people in prisons and young offender institutions in England and Wales. Most are vulnerable. The system fails them and fails to prevent crime. It is a brutal lack of a solution maintained by click bait political and media nonsense.
This webinar explores penal policy and prisoner potential with Andrea Coomber KC(Hon), CEO of the Howard League for Penal Reform, Clare McGregor, Founder of Coaching Inside and Out Abi Andrews, Employability Manager at the Longford Trust. We discuss legal services as a lifeline and the impact coaching can have for those who find themselves ‘behind bars’.
Presented by our Dr Felicity Gerry KC: Felicity has spent decades researching and campaigning on injustices for prisoners, particularly, women, IPP prisoners and those convicted of ‘joint enterprise’. She will discuss the abject failure of sentencing guidelines, the appalling ‘container’ mentality of penal policy and the need for a totally new approach to close prisons.
Register today – https://www.eventbrite.co.uk/e/closing-prisons-howard-league-meets-coaching-inside-and-out-tickets-440841898987
To ensure you don’t miss out on future events please register for our newsletter by clicking here.
Libertas Chambers
Libertas to Provide Pro Bono Criminal Law Support
We are pleased to announce our association with the Chelmsford Law Clinic, as their pro bono legal advisors on criminal defence referrals.
For further information on the Clinic see Chelmsford Law Clinic – Free legal advice
The Centre offers a 30-minute free consultation to the public on a wide range of public, family and civil law alongside criminal defence advice.
Our service will be overseen by Darren Snow.
Growing up in the town Darren has a strong commitment to the area and saw this as a fantastic opportunity to use Libertas’s expertise as a leading criminal chambers to assist those otherwise struggling to access quality legal advice.
We are proud to be involved and look forward to providing assistance.
Libertas is involved in a wide range of pro bono work domestically and on an international level.
For further information please see our Pro Bono page or speak to our senior clerk Marc King.
Image curtesy of Wikipedia.
Libertas Chambers
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