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Featured Successful Defence in Multi-Million Pound VAT Fraud Case involving the Film Industry Libertas Chambers Secures Successful Defence in Multi-Million Pound VAT Fraud Case involving the Film Industry Three of our silks and three of our senior juniors represented the lead defendants in this trial at Southwark, which followed a ten year investigation by HMRC. We represented the CEO and key employees of this London based multi-Oscar winning company. This was a complex case involving sub-contracting in film industry both in the UK and overseas. Our barristers mounted a comprehensive attack upon the disclosure system in this prosecution, which consisted of millions of documents. This involved detailed analysis and criticism of the handling of documentary and digital material. We also uncovered wholesale failures to comply with HMRC internal procedures in relation to the distinction between civil and criminal investigations, and the consequences that flow in relation to PACE rights and abuse of process. The trial was opened to the jury 6 weeks ago and they were then sent away whilst these issues were litigated. The prosecution offered no evidence today, 14th March 2025. This outcome underscores Libertas Chambers’ commitment to providing outstanding legal representation and defending our clients fearlessly with skill, precision, and integrity, in the most challenging and high-stakes cases. Our team continues to set a standard of excellence in corporate and financial crime litigation, and we are very pleased to have successfully safeguarded the interests of our clients in this significant case. Our barristers worked as formidable teams with the expert assistance and preparation of the solicitors listed below. We thank them for their instructions. Their skill, experience and expertise was an indispensable and integral part of the successful outcome. Simon Csoka KC and Roxanne Morrell acted for the CEO, and were instructed originally by Tony Barnfather and then Simon Morgan (Sherrards.) Felicity Gerry KC and Matthew Lawson acted for the Head of Accounts, and were instructed by Zeeshan Khan (Rahman Ravelli.) Ayaz Qazi KC and Jonathan Page acted for the Accounting Manager, and were instructed by John Kaye (Carson Kaye.) For further information, please contact our clerking team

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Featured Chambers & Partners and Legal 500 Guides 2025 – Our Rankings Announced Libertas Chambers are delighted to announce that we, and 13 of our Barristers have been ranked in both the latest editions of Chambers & Partners and the Legal 500 directories for 2025. Libertas thanks all those who provided such positive assessments and congratulates all our clients, partners and colleagues who have also been ranked. Head of Chambers, Simon Csoka comments “In Libertas Chambers’ fourth year we have continued to thrive, with members engaged in high profile fraud and criminal trials across the country and beyond. We are delighted to see many of our silks and juniors ranked as leading practitioners in Crime and Financial Crime / Fraud. We congratulate them all and also acknowledge the many achievements of all of our other members over the last 12 months, together with the hard work of our clerking team. We also extend our gratitude to our instructing solicitors for their continuing support and their positive feedback in the guides.” Chambers & Partners Ranks – Click to view the members profile, including ranks and recomendations. Simon Csoka KC – Crime, Band 3 Felicity Gerry KC – Crime, Band 4 Adam Kane KC – Crime, Band 2 M Ayaz Qazi KC – Crime, New Silks Roxanne Morrell – Crime, Band 5 Oliver Cook – Crime, Band 5 Marie Spenwyn – Crime, Band 5 Jane Greenhalgh – Crime, Band 3 James Walker – Crime, Band 6 Gulam Ahmed – Crime, Band 6 Gerard Hillman – Crime, Band 4 Frances Hertzog – Crime, Band 6 Libertas Clerking Team & Department – Crime, Band 4 Simon Csoka KC – Financial Crime, Band 2 Adam Kane KC – Financial Crime, Band 3 Keith Mitchell – Financial Crime, Band 3 Gerard Hillman – Financial Crime, Band 3 Libertas Clerking Team & Department – Financial Crime, Band 4 Legal 500 Ranks Libertas Chambers – Ranked 4 in Crime Libertas Chambers ‘is a growing set with a number of leading barristers’, with particular strength in depth when it comes to senior juniors. Adam Kane KC specialises in homicide defence – he recently represented Mohammed Patel, accused alongside TikTok personality Mahek Bukhari and her mother of the murder of the mother’s lover and his friend by way of ramming their car off the road during a high-speed chase on a dual carriageway near Leicester; Patel was ultimately found not guilty of both murder and manslaughter, while Bukhari and her mother were sentenced to life imprisonment with minimum terms of 31 years and 26 years respectively. Felicity Gerry KC is a ‘very sound academic lawyer who takes interesting and novel legal points’ – she recently defended a man charged with the joint enterprise murder by stabbing near Waterloo Station, submitting to the judge that it is not possible to convict accessories when the principal is acquitted on the basis of self-defence. Testimonials Collated independently by Legal 500 research team. ‘Marc King is a brilliant clerk who runs the clerks’ room in a very efficient manner. He has his finger on the pulse and always seems to put the right barrister on the right job.’ ‘Gary Douglas is extremely hard-working. He is constantly making sure clients are updated at all times.’ Individual Rankings – Silks – Fraud: Crime Gary Bell KC – Libertas Chambers – Fraud: Crime Tier 3 Adam Kane KC – Libertas Chambers – Fraud: Crime Tier 3 Simon Csoka KC – Libertas Chambers– Fraud: Crime Tier 4 Individual Rankings – Juniors – Fraud: Crime Keith Mitchell – Libertas Chambers – Fraud: Crime Tier 2 Individual Rankings – Silks – Crime Felicity Gerry KC – Libertas Chambers – Crime Tier 3 Adam Kane KC – Libertas Chambers – Crime Tier 3 Simon Csoka KC – Libertas Chambers – Crime Tier 3 Individual Rankings – Juniors – Crime Oliver Cook – Libertas Chambers – Tier 3 Matthew Lawson – Libertas Chambers – Tier 3 Gulam Ahmed – Libertas Chambers – Tier 4 Jon Anders – Libertas Chambers – Tier 4 Sarah Day – Libertas Chambers – Tier 4 Jane Greenhalgh – Libertas Chambers – Tier 4 Gerard Hillman – Libertas Chambers – Tier 4 Marie Spenwyn – Libertas Chambers – Tier 4

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Client from Kosovo Specialist Chambers returned home after commutation of sentence Dr Felicity Gerry KC has been defending Mr Bahtijari in the Kosovo Specialist Chambers in the Hague since January 2024 and he was finally returned home this month after the President commuted his two-year sentence for two charges of obstruction and intimidation: On 19 February 2025, the KSC President Ekaterina Trendafilova decided to modify the sentences for Mr Bahtijari and provide for his release on 21 February 2025, under conditions. These conditions will continue to apply for the duration of the sentence imposed by the Trial Panel, namely for the remainder of the two years sentence imposed on him. In a case with nearly 700 filings, there is a lot to learn about the process of the court and how to achieve justice for a vulnerable client. You can watch Felicity’s submissions on sentence here https://www.scp-ks.org/en/cases/sabit-januzi-ismet-bahtijari-haxhi-shala You can read more about the case here https://www.scp-ks.org/en/cases/sabit-januzi-ismet-bahtijari-haxhi-shala

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Dr Felicity Gerry KC’s Submissions Featured in Criminal Appeals Consultation Dr Felicity Gerry KC has long raised concerns about the functioning of the Court of Appeal of England and Wales (Criminal Division) particularly in what are known as “joint enterprise” murder appeals. Her submissions were quoted as follows: 11.63 on routine refusals in joint enteprise appeals 12.62 and 12.68 on the need for an interlocultory appeal system as available in Victoria, Australia where Felicity is also admitted 15.80 on the use of visual recording of trials 16.62 on access to a docket of evidence. You can read the Consultation Paper here https://lawcom.gov.uk/project/criminal-appeals/ The Commissions invites responses from 27 February 2025 to 30 May 2025. Responses to the consultation may be submitted using an online form at: https://consult.justice.gov.uk/law-commission/criminalappeals. Where possible, it would be helpful if this form was used. Alternatively, comments may be sent: By email to criminal.appeals@lawcommission.gov.uk OR By post to Criminal Appeals Team, Law Commission, 1st Floor, Tower, 52 Queen Anne’s Gate, London, SW1H 9AG. If you send your comments by post, it would be helpful if, whenever possible, you could also send them by email

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OPERATION VANSFARE: ACQUITTAL IN PROSTITUTION TRIAL Chaynee Hodgetts, instructed by Patrick O’Hanlon and Goran Stojsavljevic of Berkeley Square Solicitors, acted as Defence Junior on these complex multi-handed charges, where 8 Defendants faced charges of human trafficking of sex workers, conspiracy to control prostitution for gain, and money laundering of hundreds of thousands of pounds. The case concerned an established escort agency in London (run by a related Co-Defendant and former sex worker). Operation Vansfare (the Metropolitan Police investigation) involved Undercover Officers (UCOs), and hundreds of thousands of pages of telephone and financial evidence. As part of a detailed legal argument on the interpretation of “control” in a sex work context, the Crown argued that it was made out by the agency allocating work (for the payment of a commission on bookings), a minimum hourly rate of pay, provision of a driver / personal guard for sex workers, and a recommended smart dress code for call-outs. Sex workers with the agency had full and free choice as to whether or not to see a client, what services were performed, and whether to leave a booking at any time. The Crown acknowledged there was no evidence of violence, force, threats, or coercion, and abandoned the human trafficking charges (potentially attracting life imprisonment) prior to jury empanelment, with the jury returning acquittals on all remaining counts at trial. Ms Hodgetts represented D1 in Trial 1, who only became D3 after Co-Defendants were extradited. This case had 3 trials. The first trial (2022) was abandoned due to inadequate Prosecution disclosure. The first retrial (2024) had the jury discharged after a third party inadvertently adduced inadmissible material. In the second retrial, or third trial (2025), the jury acquitted on all counts at trial.

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Dr Felicity Gerry KC Assists Westminster Inquiry into Joint Enterprise Dr Felicity Gerry KC appears as counsel assisting the Westminster inquiry into joint enterprise. The first hearing on 6 February began the collection of evidence from CPS, academics and practitioners on the controversial approach to complicity that allows multiple people to be prosecuted and punished for the same crime. The Westminster Commission for Joint Enterprise was launched by the newly-formed All-Parliamentary Group on Miscarriages of Justice headed by the Labour MP Kim Johnson MP as the new chair last year (here). The call for evidence for future sessions is here https://www.thejusticegap.com/29805-2/

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Dirty Money? Case Study: World Uyghur Congress v National Crime Agency By Alexandra-Maria Eugenicos, Criminal Defence Barrister, Libertas Chambers. Abstract A consideration of World Uyghur Congress v National Crime Agency [2024] EWCA Civ 715. The fact that there might not be sufficient evidence to justify use of powers under POCA at time of importation, should not preclude the launch of an investigation. This judgment has also changed the interpretation of money laundering offences under POCA with real impact across many professions, including the Bar. Introduction The appeal in the case of WORLD UYGHUR CONGRESS v NATIONAL CRIME AGENCY [2024] EWCA Civ 715 relates to whether the National Crime Agency (‘NCA’) had misdirected itself in law in one or more material respects when reaching the decision: Not to investigate alleged offences under Part 7 POCA 2002; Not to commence a civil recovery investigation under Part 5 POCA in respect of certain cotton products brought into the UK and monies derived from or connected to purchase. These issues were considered in the lower court where a claim for judicial review was brought by the World Uyghur Congress against three law enforcement agencies including the NCA. This was focused on challenging the decision not to carry out investigations into whether consignments of cotton goods originating from the Xinjiang Uyghur Autonomous Region of China (‘XUAR’) was a product of forced labour. It was submitted that the authorities should have investigated whether these items imported into the UK were the product of forced labour or other human rights abuses perpetrated by the People’s Republic of China. The general approach was re-iterated that rarely will the courts involve themselves in decisions as to whether to prosecute; caselaw confirms that only in exceptional cases would the court interfere with a prosecutor’s decision-making. However, it is of note that the law does not render a decision-maker’s powers unfettered – and it was emphasised that those tasked with decisions must direct themselves correctly in law. Context It was not in dispute that there is a growing body of diverse and substantial evidence confirming serious human rights abuses occurring in the XUAR cotton industry on a large scale. There is clear and widespread exploitation including forced labour which accounts for a significant proportion of all cotton originating from China. It was undisputed that 85% of cotton grown in China comes from the XUAR. Parties agreed that products derived from forced labour anywhere in the world can amount to criminal property for the purposes of money-laundering offences under Part 7 or recoverable property for purposes of civil recovery under Part 5. As a result, funds from sale of such products – and any property into which those funds are put – could also be criminal or recoverable property. The appellant had gathered extensive evidence raising ongoing concerns in relation of importation of cotton products originating from XUAR where forced labour and human rights abuses are widespread within that industry. These were provided to the authorities with the aim of persuading them to act. Ground of Appeal The Appellant’s main complaint was that the NCA should have been actively investigating and thereby prohibiting importation of goods originating from the XUAR using powers under s. 1 Foreign Prison-Made Goods Act 1897 and s. 139 Customs and Excise Management Act 1979. Moreover, the NCA should also have started a POCA investigation on basis that cotton goods originating from XUAR (or proceeds) could be criminal property. Discussion The court concluded that the fact that there might not be sufficient evidence to justify use of powers under POCA at time of importation, should not preclude the launch of an investigation. The opposite notion would suggest that the NCA, police and other investigative bodies would not investigate overseas criminality being imported to the UK in absence of concrete evidence of specific crimes perpetrated by particular people. The Court of Appeal also held that it was wrong in law to suggest that criminal liability for money laundering or civil recovery is removed where the proceeds have passed through several hands in a business context where adequate consideration is paid. There should also be distinction between a bona fide purchaser and one who suspects that this is the product of servitude. Appeal allowed. Wider Application This judgment has already impacted the interpretation of money laundering offences under POCA. This is directly applicable to a barrister in practice who may receive payment for fees knowing or suspecting that those funds are derived from criminal property. This would mean that they are in possession of criminal property even if adequate consideration is given. To avoid any exposure to criminal liability, the Bar Council strongly recommends that those who find themselves in such a position carefully consider whether they should make a Defence Against Money Laundering disclosure to the National Crime Agency. They have provided further guidance on this issue in a practice note – Practice note on Rex (on the application of World Uyghur Congress) v the National Crime Agency [2024] EWCA Civ 715.

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Joint Enterprise Murder and Persons with Disabilities Alex Henry (Alex) was born 3 December 1992. Alex has Autism Spectrum Disorder (‘ASD’). ASD is a lifelong neurodevelopmental disability which affects how people interpret the world and understand it. It affects more than one in 100 people. Despite its prevalence, it remains poorly understood, stigmatised and stereotyped. Alex has been imprisoned since 2014 as an alleged accessory to murder. ASD is frequently mis-diagnosed, under-diagnosed and stigmatised – often it is not picked up until a person is an adult. Alex was not diagnosed until after he was convicted and sentenced. The expert ASD diagnosis by Professor Simon Baron Cohen in 2016 was independently confirmed by two further experts. It was accepted at sentence that the friend was the killer. He was sentenced to life imprisonment with a mandatory minimum of 22 years. Alex was sentenced to mandatory life imprisonment with a mandatory minimum term of 19 years. Alex will be 40 by the time he can apply for parole. Following which he will be on ‘life licence’ and subject to recall for the rest of his life. In 2014, a single judge at the Court of Appeal of England and Wales Criminal Division (‘COA’) refused Alex permission to appeal. Two years later Alex’s ASD was finally diagnosed. As is well known, in 2016, the UK Supreme Court held in R v Jogee that the law on JE had ‘taken a wrong turn’ for 30 years. The court held that the use of ‘realised’ (foreseeing the possibility of a crime) was an error of law. This means that the use of ‘realised’ in legal directions to the jury in Alex’s trial was an error of law. On 2 March 2016, following the R v Jogee decision, Alex sought leave to appeal out of time to the full court of the COA on the basis that the trial jury was wrongly directed in law, and relying on his ASD diagnosis. Professor Baron Cohen was subject to cross-examination, even though the Prosecution submitted no contrary expert opinion. In 2016, it was decided by the COA in R v Johnson [2016] EWCA Crim 1613 that the burden to prove a ‘substantial injustice’ is on the applicant, and that it is a ‘high threshold’. Alex’s appeal was rejected on the basis he had not suffered such an injustice despite his ASD not being known and him serving a life sentence for not killing anyone. The decision appears contrary to Jacobs [2023] EWCA Crim 1503, where the COA held that autism is not relevant to reasonable belief as a matter of principle, but it may be relevant on the facts of the case if the belief depends on an impaired ability to read social signals. The COA also assessed Alex’s behavioural ASD traits as bad character, stating: ‘[i]t was clear based on the materials before [them] that Henry has a significant history in relation to behavioral problems which originated from at least 2002; he was assessed on several occasions to ascertain whether he had any mental illness’[para 37 – of course ASD is not a mental illness but a neurodivergent condition] On 12 September 2017, an application for a certificate for leave to appeal to the UK Supreme Court (UKSC) arguing that the control by the COA of UKSC appeals is contrary to the rights of a disabled person was rejected. Applications to the ECHR and the CCRC have also been refused, as has a petition for mercy to the former Secretary of State for Justice. Unhelpfully, the CCRC gave its opinion on the proposed conditional pardon which would have allowed for Alex’s release. The CCRC acknowledged Alex’s ASD diagnosis but iterated Alex’s ‘bad character’ ignoring the link between ASD and his behaviour. Neither the Secretary nor the CCRC examined the practices in the criminal justice system (CJS) for people with ASD. On 12 September 2024 a report by the Centre for Criminal Justice Studies found that JE laws are vague and wide in scope, causing systemic injustice, including overcriminalisation, over-punishment, discriminatory outcomes, and convictions where there is no compelling evidence of intent and a defendant’s physical contribution is minimal’. The author, Nisha Waller states: ‘The current law encourages the overcharging of suspects and allows cases to be propelled forward based on poor-quality evidence.’ In 2022 the Autism Research Centre, University of Cambridge found that an overwhelming majority of ASD accused persons were not provided with adequate support or adjustments in the UK Criminal Justice System. This followed an Equality and Human Rights Commission report in June 2020 that warned that the CJS is failing those with learning disabilities and autistic people. The Cambridge report noted that there was almost no research investigating how autistic defendants are being treated within the CJS. In 2024 an expert consensus was published on the identification and support of individuals with ASD in within the UK CJS. It concluded that greater attention needs to be given to this potentially vulnerable population when navigating the CJS. However, there is some recognition on sentencing: In 2020 the UK Sentencing Council published guidelines specifying that mental disorders, developmental disorders and neurological disorders should be considered in sentencing – noting specifically that no adverse inference should be drawn if an offender had not been formally diagnosed. ASD affects Alex’s ability to assess the conduct and intentions of others. Communication differences mean that Alex is also always at risk of being misunderstood. Alex’s ASD diagnosis is therefore directly relevant to his actions in relation to his conviction and whether he could know (or realise) what someone else would do. His ASD diagnosis gives rise to serious doubt on his alleged culpability The expressions of the impairments caused by ASD should also have been taken in account when weighing the person’s criminal responsibility and sentence. Alex’s latest move is an application to the Committee on the Rights of Persons with Disabilities: It is suggested that, as a person with a disability and the UK has violated Alex Henry’s rights under the Convention. His experience at all stages of the UK criminal justice system is argued to be discriminatory and inequitable. He has not been able to effectively participate in a criminal proceeding where his ASD is known and properly addressed. The UK is obligated to ensure Alex is both ‘equal before the law’ and ‘equal under the law’ (Article 5 CRPD); this means that Alex has the right to be protected by the law and has the right to use the law for personal benefit. This interpretation requires existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities to be modified or abolished. Additionally, the protection and promotion of the rights of persons with disabilities should be considered in all policies and programs. State parties must take positive actions to ensure that Alex can have full enjoyment – this includes accommodating his needs within legal processes. The application alleges that Alex’s rights were denied through failures at every stage of trial and appeal, including drawing adverse inferences from his silence in police interview. The consequence of Alex’s case is that any young person with ASD ‘involved’ in crowd violence is at risk of a life sentence, even if they are not able to assess what another person would do and even if they make no significant contribution to the crime. The result is the imposition of a harsh and grossly disproportionate sentence exacerbated by being labelled with ‘murder’ which is especially difficult for parole purposes. Thus, it is suggested that the UK has violated his CRPD rights and is perpetuating discriminatory customs and practices as opposed to supporting their modification or abolishment. It is not known whether his application will be accepted but Alex’s is a case that highlights some complex issues for Westminster. Felicity represents Alex pro bono and is instructed by Dean Kingham of Reece Thomas Watson Solicitors.

Felicity Gerry KC

Slip Rule or Slip Up? Leitch Et Al [2024] EWCA Crim 563 In this article, Alexandra-Maria Eugenicos discusses the appeal outlined above and the concept and mechanics of the ‘Slip Rule’. Introduction This appeal involves 6 unconnected cases concerned with administrative amendment of sentence. Correcting sentencing errors are commonplace and those in practice are familiar with the mechanics of the slip rule. However, the issue arises where the administrative alteration is significant, an example being where the sentence announced in court is wrong in law, which cannot so easily be remedied administratively. Amending a Sentence in Law At paragraph 6 of the judgment in Leicth, Lord Justice Davis states: ‘The fundamental principle is that the sentence imposed on a defendant in the Crown Court is the sentence pronounced in open court by the judge.’ The Court of Appeal further considered the history of the law enabling amendments to sentence being made. The following is set out by Lord Justice Davis at paragraph 8: ‘Before the advent of the Crown Court in 1972 there was no statutory power to amend or alter a sentence imposed in any higher criminal court. There was a common law power exercised either by the Judge of an Assize or by the Recorder of a Quarter Sessions. At the end of the Assize or the Quarter Session the relevant judge would sign the calendar authenticating the sentences which had been passed. On occasion the judge would decide to alter the sentence impose in court. The practice was that any alteration would not be one which operated to the disadvantage of the defendant.’ A new statutory power was introduced by s. 11(2) Courts Act 1971 allowing a sentence or other order made by the Crown Court to be varied or rescinded within 28 days of imposition. No stipulation was made as to how a sentence should be altered but the Court of Appeal made clear that any alteration must be announced in open court, and the defendant must be present unless there was a good reason for absence, or they were represented by counsel. Lord Justice Davis considers instances where this above guidance was ignored. The statutory power of amending sentence is now contained in s. 385 Sentencing Act 2020 which sets out the current time limit as 56 days. There are procedural guidelines contained in Part 28.4 CrimPR. It may be exercised by the Crown or defence in writing and by the court of its own motion. The hearing may be held in public, private or without a hearing. The judge may not exercise this power in the defendant’s absence unless it is a defence variation application, the defence have had opportunity to make representations at a hearing, or the variation will not mean a harsher sentence. However, Lord Justice Davis made clear that ‘whatever the decision is and however it is made, it must be announced at a hearing in public along with the reasons for the decision.’ (para 11). If variation is sought after 56 days, it can only be varied by the Court of Appeal under s. 385. Appellants’ Cases The details of the cases considered in the joined appeals are instructive and worthy of consideration. Daniel Leitch Mr Leitch was sentenced for offences on an indictment in which no evidence had been offered, was not sentenced for an offence to which he had pleaded guilty, or an offence committed for sentence. The court record did not reflect this because the court clerk had later been authorised to amend the court record. This was not announced in open court. Leave to appeal was granted in relation to offences he had been acquitted, with those sentences quashed. However, the other grounds failed. DS This defendant was sentenced to a total term of 14 years and 3 months for multiple counts of rape. A sentence for offenders of particular concern under s. 278 Sentencing Act 2020 was mandatory on all counts. It was mentioned during sentencing remarks but not pronounced. It was not sufficiently explained that he would be subject to extended licence of 1 year. Moreover, there was an intention to impose a Restraining Order, but no pronouncement was made at the hearing nor was there specification of duration. A day after the sentencing the judge was made aware following which the court clerk made entries on the DCS where the above was remedied and a restraining order made ‘until further order’. The sentencing judge had explained in an email to the Court of Appeal that he had intended to write to counsel and told the court clerk he would do so, but he did not. Leave was granted for DS to pursue all grounds of appeal in relation to amendment. The Court of Appeal did not find his sentence manifestly excessive and did not accept that the Restraining Order was correctly imposed. Paul Fleet Mr Fleet was made subject to a Sexual Harm Prevention Order (‘SHPO’) for an indefinite period and the sentencing judge had imposed notification requirements for an indefinite period. The SHPO was later amended and specified for 5 years with notification requirements imposed for the same period. This order was amended under the slip rule with the duration and notification requirements set at 10 years. There was no hearing where this was announced by the judge. Appeal in relation to sentence was dismissed; however, the Court of Appeal recognised the deficiency of the 10-year amendment not being pronounced in court, determining that the SHPO was as pronounced in as initially amended (5 years duration). PB This defendant was sentenced to 20 years imprisonment. The judge did not impose mandatory sentences on multiple counts as required by s. 278 Sentencing Act 2020 (Offenders of particular concern). The prosecution alerted the judge 5 days later, the judge amended sentence with an extended licence of 2 years ‘administratively and under the slip rule.’ The prosecution said that a more severe sentence should not have been imposed which led to a slip rule hearing where the sentence was amended to 19 years custodial with extended licence of 1 year. A ground of appeal that sentence was manifestly excessive was rejected, but the appeal allowed in relation to the 20 year determinate sentence being quashed and substituted for a special custodial sentence for an offender of particular concern as 19 years with extended licence of 1 year. Andrew Adams Mr Adams pleaded guilty to handling stolen goods and driving offences (no insurance and no licence). He was sentenced to 2 years for handling stolen goods. The offences took place within the operation period of a SSO which was activated. Mr Adams was sentenced to 2 years and 6 months (previous offence of bladed article) to run consecutively, and further fined separately for each driving offence with a default sentence of 7 days to run concurrently, disqualification for 3 years and ordered to sit an extended re-test – in relation to the offence of driving with no licence. There followed discussions between counsel and the Court Clerk, the substance of which was not caught on the recording. The Court Clerk went to see the judge, on return they say that disqualification is attached to the no insurance and is 21 months with 15 months uplift to account for the custodial sentence, taking it to 3 years. Counsel then raised concerns about whether an extended retest can be ordered on an offence of no insurance. The Court Clerk went to see judge again and when she returned said that the judge approved the amendment – no extended retest. Counsel told clerk it was not necessary for judge to return to court. The Court of Appeal did not accept that the custodial sentence was manifestly excessive in relation to the Handling Stolen Goods. However, the Court of Appeal did not find it appropriate to impose significant fines with default sentences with no means for this defendant to pay – no separate penalty should have been imposed on those counts. In relation to disqualification, the Court of Appeal agreed that this was manifestly excessive. Importantly, the out of court discussions are invalid. The sentence was substituted to 6 months disqualification with no extended retest. Fines and periods of custody in default quashed with no separate penalty substituted on driving offences. Renny Fletcher There was an error in the judge’s arithmetic when calculating sentence. There was no further hearing where this was announced, and the parties were not given notice when this was changed by way of a note on the DCS. However, to correct the error would be to impose a penalty more onerous and so the appeal was dismissed. Discussion The Court of Appeal considered relevant case law before arriving at their decision. In R v Kent [1983] 77 Cr App R 120, Lord Lane CJ said as follows: ‘There have been further difficulties arising in the following way. There have, on occasions, been, understandably, efforts made by court staff to prevent mistakes arising. This has resulted in discrepancies being observed between the sentence pronounced by the Judge and that appearing on the record sheet. We wish to make […] clear: first of all, the order of the court is that pronounced by the judge in open court. Secondly, the responsibility of the court staff is to make a record which accurately reflects that pronouncement.’ Lord Justice Davis gave examples where there may be discussions surrounding sentence in the days that follow by email, etc. If the alteration is limited/non-controversial or technical in some way, the hearing will not require attendance but any party. However, when the varied sentence is announced at court in public it ensures the ‘lawfulness of the sentence’ (paragraph 12). As such advocates should be vigilant to any communications of errors and how they are dealt with bearing this guidance in mind – most crucially the need for public pronouncement. Full Judgement The full judgment can be viewed here.

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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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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.

Libertas Chambers

Defence Statements & Openings: Rule 25.9 and being fair and concise This webinar has now finished. You can view the replay at our later blog post. 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 our 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. Register today – https://www.eventbrite.co.uk/e/defence-statements-and-openings-rule-259-and-being-fair-and-concise-tickets-633231280807 To ensure you don’t miss out on future events please register for our newsletter by clicking here.

Libertas Chambers

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