Felicity joined a coalition of lawyers, academics, psychiatrists, and organisations with significant interest in, and long experience working with, perinatal women in the criminal justice system in making a submission to the Sentencing Council consultation led by WE LEVEL UP. Question 17: ‘Do you agree with the proposed new mitigating factor and expanded explanation relating to pregnancy? If not, please provide any alternative suggestions. Answer: NO: The Level Up submission relies on a wealth of authoritative research to demonstrate that the current proposal is insufficient and there should be a new mitigating factor which specifies that pregnancy, maternity, and the postnatal period is relevant to the sentencing of a female defendant convicted of any crime, and that an associated explanation should be included in all sentencing remarks. The submission makes alternative suggestions including additional measures should also be introduced to avoid custody where a pregnant woman’s sentence is over the custody threshold, or she is facing a mandatory minimum sentence. In practical terms, this means: Where a woman is on the cusp of custody, a non-custodial sentence must be considered. Where a woman is over the custody threshold and facing a custodial sentence of up to 2 years, a suspended sentence must be considered based on the significant harm custody or separation causes to pregnant and postnatal women and their dependants. Where a woman is facing a sentence of over two years, or a mandatory minimum sentence, pregnancy, and the postnatal period to constitute an ‘exceptional circumstance’ that makes the imposition of the minimum term a disproportionate sentence and would justify not imposing the statutory minimum sentence. This approach gives due weight to the significant harm caused by custody to the pregnant woman, her unborn child and a baby who may be born in prison. It also prioritises the best interests of the child over separation and fits with the Ministry of Justice Female Offender Strategy which identifies that “custody is particularly damaging for women” and that many female offenders could be more successfully supported in the community, where reoffending outcomes are better. The impact of custody on a woman who is pregnant is very likely to cause significant harm to the physical and mental health of both the mother and the child. Without a full medical and social picture of the pregnant or postnatal woman, there is a significant risk that sentencers will be unwittingly sentencing a mother to a stillbirth, a baby to death or other serious complications, or an infant to developmental trauma. and the sentencer should give reasons for all sentences of pregnant or postnatal women addressing the known research and data. Download the submission by clicking this link Find out more about Level Up here https://www.welevelup.org/

Dr Felicity Gerry KC appears in the Daily Mirror on the campaign to exonerate Christine Keeler. The campaign for the posthumous exoneration of Christine Keeler was covered for 3 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. Dr Gerry KC explains: “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 and she was prosecuted for perjury. 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 when she attended the Old Bailey in Stephen Ward’s trial where she was also infamously accused of being a sex worker. Ward took his life before verdicts on whether it could be proved he was living on her “immoral” earnings. Most people now accept this was a travesty of justice. It certainly framed her 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 supported her account 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 barrister Jeremy Hutchinson QC made at the time make it obvious she pleaded guilty when she was not, and she was appallingly shamed, unlike others whose reputation has been restored. “There is a real risk that she was wrongly convicted by her own plea on an incorrect application of law on credit / lies. 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 and has had lasting implications for all women being improperly framed as liars, fitting with modern CPS guidance on violence against women and girls” You can read more here https://www.mirror.co.uk/news/uk-news/profumo-sex-scandal-icon-christine-31477770

Dr Felicity Gerry KC interviewed by Joshua Rozenberg KC(Hon) on BBC Radio 4 Law in Action raising serious concerns about the approach to #jointenterprise murder. She deals with how the current approach of the Court of Appeal is another error of law that is inextricably linked with both the safety test and the powers of the CCRC and the refusal of the UK Supreme Court to exercise supervisory jurisdiction. You can listen here https://www.bbc.co.uk/sounds/play/m001rq6t Her latest article on “joint enterprise” law can be found by on LinkedIn    

Libertas Chambers are delighted to announce that our clerking team and 12 of our Barristers have been ranked in the latest editions of the Chambers & Partners and Legal 500 directories. 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’ third year we have gone from strength to strength with our members appearing in many of the main fraud and criminal trials nationally. 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 thank our instructing solicitors for their continuing support and their positive feedback in the guides.” Libertas Chambers – Leading Set – Crime & Financial Crime – View Chambers & Partners profile Crime – London (Bar)  Band 4 -Libertas Chambers is a virtual set with its London facilities on Old Bailey. The set has expanded considerably since its formation in 2020 and now has a considerable crime offering. Barristers here frequently defend clients accused of the most serious crimes, including those involving infanticide, familicide, homicide and terrorism. It has specialist teams for human trafficking and modern slavery, and appellate cases. Recent cases have included the defence of Agneskia Kalinowska in her trial for the torture and death of her son. Financial Crime – London (Bar)  Band 4 – The barristers at Libertas Chambers are regularly called upon to represent major corporates, financial institutions and individual clients in complex cases involving allegations of bribery, corruption, money laundering and investment fraud. Additional areas of expertise for the team include insider trading, pension mis-selling and tax evasion cases. The set’s tenants also have considerable experience handling cases with an international element. Tenants are involved in some large-scale cases such as the defence of an individual in a £26 million money laundering prosecution following high-profile celebrity burglaries. Client Service: “The clerks are very proactive and their networking is great, which is massively helpful.” Director of Clerking Marc King is “hugely experienced. He works hard to deliver the best results for everyone.” Clients note in particular the set’s flexibility due to its virtual nature, highlighting that Libertas “was one of the first sets to go virtual and have an offering with meeting rooms in every city in the country. It has really worked.” “If any work needs to be done, the clerks carry it out professionally and quickly.” “Their clerking is very good.” Director of clerking Marc King is “super – he is always contactable, day or night, he is very proactive and his networking is great as well.”   Individual Ranked KCs & Juniors Simon Csoka KC –  Ranked in: Crime Band 3, Financial Crime Band 2 – View Chambers & Partners profile Simon Csoka KC is a well-regarded criminal barrister who is regularly called upon to defend individual clients in complex and high-profile criminal cases. He has considerable experience handling cases involving allegations of large-scale fraud. “He has a phenomenal capacity for memory and is so great on the detail. He is a polished performer and a great advocate.” “He is a bright and able advocate.” “His memory and grasp of a case is absolutely phenomenal.” “He is dynamite: fierce in his arguments, with a very big intellect.” “His knowledge and willingness to fight for a client are of the highest level.” “He is just phenomenal. You sit back and watch him at work and you just see a true expert.” “He’s a go-to for encrochat cases because of his intellect. The arguments he deploys are exceptional.” Legal 500 – Crime – Tier 3 ‘Simon is at the top of his game – a silk that everybody wants to instruct. He is incredibly bright and extremely persuasive. A phenomenal advocate that commands the respect of the courtroom. He is highly respected by the judiciary and his peers and is a joy to watch. One of the best around.’ Leonard Smith KC – Ranked in: Crime Band 5, Financial Crime Band 4 – View Chambers & Partners profile Leonard Smith KC is a criminal defence silk who commands respect for the pains he takes with his preparation and for the persuasive advocacy he delivers in court. He regularly handles cases involving allegations of mortgage fraud, breach of sanctions and overseas corruption. Smith is frequently instructed by both corporations and individuals, and has a strong record of acting in cases with a global reach. He has notable expertise in international bribery cases. “A fierce advocate who leaves no stone unturned.” “His knowledge base and his mental agility are unrivalled.” “His gravitas is undeniable.” “His advocacy is absolutely fierce.” Legal 500 – Crime – Tier 3 ‘A leading star of the criminal Bar, Leonard excels in cases of the utmost complexity. Thoroughly prepared, he knows all the angles and you want him on your side when the odds are against you. A devastating cross-examiner.’ Adam Kane KC – Ranked in: Crime Band 3, Financial Crime Band 3 – View Chambers & Partners profile Adam Kane KC handles matters involving suspected corruption, tax evasion and money laundering. Kane is frequently instructed to represent professionals facing charges of tax and investment fraud. He has added experience in bribery cases. “He is very good at the detail of frauds and is able to understand the realities of what is going on.” “Adam is a fearsome competitor, an impeccable advocate and highly knowledgeable about the law.” “He’s incredibly erudite and has a wonderful turn of phrase.” “Adam is a heavyweight advocate with vast experience and great tactical know-how.” Legal 500 – Crime – Tier 4 ‘Adam is an extremely hard working and diligent silk. His legal knowledge is extensive and his applications and arguments beautifully and clearly presented, both in writing and orally.’ Felicity Gerry KC – Ranked in Crime Band 5 – View Chambers & Partners profile “She’s an advocate’s advocate, who presents well to juries.” Legal 500 – Crime – Tier 3 ‘Felicity is a fearless courtroom performer, dedicated to putting her clients’ cases faithfully and sympathetically. She is also an authoritative legal analyst. She therefore engages the attention of both juries and judges.’ Keith Mitchell – Ranked in: Financial Crime Band 3 – View Chambers & Partners profile Keith Mitchell frequently acts unled, acting for the defence in high-value cases. His caseload includes a number of tax fraud, corruption and trading standards matters. He has noted expertise in major bribery cases and is adept at handling cross-border issues. “Clients love him and he is a joy to watch in court.” “From managing clients to focus of instructions, guidance and the way he presents himself, Keith is a pleasure to work with.” Legal 500 – Fraud: Crime – Tier 3 Keith is a very persuasive jury advocate and and has excellent pastoral skills with lay clients putting them at ease in the most stressful of cases.’ Roxanne Morrell – Ranked in: Crime Band 5 – View Chambers & Partners profile “Hard-working, professional and no nonsense in her approach.” “She’s an excellent cross examiner.” James Walker – Ranked in: Crime Band 6 – View Chambers & Partners profile “Excellent, not only in his preparation, but also with the client and before the jury.” Gerard Hillman – Ranked in: Crime Band 4, Financial Crime Band 3- View Chambers & Partners profile Gerard Hillman is a proven defence advocate who handles high-value financial crime work, including money laundering, VAT and investment fraud cases. He is singled out for his ability in tax fraud cases. Hillman offers significant expertise in boiler room fraud matters. “He has got really good tactical acumen and a fantastic practice.” “Gerard is a brilliant jury advocate – he’s very persuasive and has a nice, easy going manner.” “Gerard has really good tactical acumen. He sees where he wants to get to in a case and just exactly how he’s going to get there.” “He’s very persuasive and has a very good style in front of a jury.” Legal 500 – Crime – Tier 4 ‘Gerard is intellectually strong and excellent on the facts of a case. His advocacy is second-to-none and he is a user-friendly counsel. Gerry is also a team player and a class act.’ Marie Spenwyn – Ranked in: Crime Band 5 – View Chambers & Partners Profile “Always well prepared and a consummate professional, she is fantastic to work with.” “She has fantastic judgement and is really good at the detail.” Frances Hertzog – Ranked in: Crime Band 6 – View Chambers & Partners Profile “Excellently well prepared and dedicated to the cause.” Matthew Lawson – Legal 500 – Crime Tier 4 ‘Matt is a true jury advocate – he is extremely engaging with a jury and inevitably gets them on side. He is an excellent barrister with exceptional client care and clients love to have him on their side. He is a real fighter and leaves no stone unturned.’ Oliver Cook – Ranked in: Crime Band 5 – View Chambers & Partners profile “Oliver has just got this presence in court about him and he always connects with clients and juries. He is able to present very difficult cases in the most attractive way and gets some extraordinary results.” “A fearless, polished advocate.” Legal 500 – Crime Tier 4 ‘Oliver is a fighter and will not accept any adverse evidence without challenging it and trying to do the best for his client. He is also a natural advocate.’ Of the chambers, and clerking team Legal 500 report the following: Libertas Chambers Founded in 2020 as a virtual set, Libertas Chambers is fast gaining a reputation for excellence, with members having recently been instructed in relation to significant murder, terrorism and organised crime cases. Simon Csoka KC, ‘a fearsome cross-examiner and one of the finest criminal silks in the land’, has a leading practice which largely consists of organised crime and murder cases as well as major drugs mandates and high-profile private instructions. He has recently represented Fleetwood Town manager and former professional footballer Joey Barton in two cases, in which he was both acquitted. Felicity Gerry KC is ‘a force of nature‘ who handles homicide, terrorism, and modern slavery cases, among others. Testimonials ‘Marc King is a cut above. He understands the difficulties solicitors have to deal with and does all he can to try and deliver on consistent service. Louis King also takes the time to make sure solicitors are updated and is always courteous and respectful.’ ‘Marc King is a truly remarkable figure amongst criminal clerks. He is agile, responsive and understands what is needed in cases such that his recommendations are well received. He leads an excellent team of counsel and practice administrators.’  ‘Louis King abounds with calmness and common sense and Gary Douglas is a work-horse who loves the job and will do anything for a client.’   You can read more about what the Guide says about us by visiting Chambers Guide 2024

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/

Chaynee Hodgetts, instructed by Olivia Bruton of Dalton Holmes Gray, represented a young defendant charged with allegations of organised theft of designer goods outside Harrods – with the Prosecution discontinuing charges against their Client. This also led to the case against the 3 co-defendants being discontinued. The case against Ms Hodgetts’ Client was discontinued in absence, despite breach of a Bench warrant not backed for bail, and absconding. Ms Hodgetts acted for D1, with the case against all four young defendants being discontinued 3 ¼ years on, and the day before trial.  

Labelled “The International Dynamo” Felicity came in second only to Camille Vasquez who ranked first for her recent performance during the highly publicized defamation cases of Depp v. Heard. Felicity was recognised for her work on due diligence in investment listing on SGX for Justice for Myanmar, which led to the $82m divestment of the Golden City scheme and for leading the legal fight and petition for Christine Keeler to receive a posthumous pardon after the fallout of one of Britain’s biggest ever political scandal, The Profumo Affair, in the 1960s Law&Crime Productions is headed by award-winning ABC News Chief Legal Correspondent Dan Abrams. Abrams is also the host of SiriusXM’s The Dan Abrams Show: Where Politics Meets the Law and the former host of the #1 show on weekend primetime cable Live PD on A+E. Tapping into a talent pool of crime producers, lawyers, former prosecutors and law enforcement officers, Law&Crime Productions has unique and unprecedented access to key sources. Whether scripted, unscripted, or for digital, we create compelling programming with top ratings and millions of views without sacrificing our commitment to accuracy and exceptional understanding of crime and the law. Read more here https://lawandcrime.com/partner-content/meet-the-top-5-international-lawyers-you-want-on-your-side/

Chaynee Hodgetts, instructed by Jeremy Newell and the team at Criminal Defence Solicitors, secures the discontinuance of the case against a defendant charged with allegations of dangerous driving after his 4×4 truck collided with a car following a confrontation. Ms Hodgetts acted for the defendant in this case, having taken it on as a return shortly before the original listed trial – when she vacated the original trial listing, in order to expand upon the defence proposed (duress of circumstances and self-defence), and to seek more disclosure. The disclosure request in the refined Defence Statement led to the Prosecution disclosure to a previously undisclosed piece of police BWV footage, revealing a cache of weapons in the Complainant vehicle. This then led to a s.8 application for further disclosure, and the Prosecution serving a further dossier of disclosure and reviewing the case. This ultimately led to the case being discontinued by the Prosecution the day before the new, relisted, trial.