Chaynee Hodgetts FRSA

Profile

A criminal defence and inquest practitioner, with a reputation for looking at cases differently, and her focus on each client as an individual. Chaynee practises predominantly in crime and inquests. Her further sub-specialisms include forensic science, maritime criminal law, maritime inquests, Higher Education inquests, and medical and mental health inquests. She currently accepts instructions nationally, with a focus on London and North Wales.

Chaynee is an Honorary Lecturer in Emergency Medical Law at QMUL and the Blizard Institute – and has been involved with providing legal teaching on their MSc Emergency & Resuscitation Medicine since 2019. From 2023, she will also be teaching on their new MSc in Enhancing the Safety and Wellbeing of Persons in Care and Custody.

Chaynee is also an Honorary Lecturer in Criminal Law (Department of Law), and Honorary Lecturer in Medicine: Medical Law (Department of Medicine) at Bangor University.

She is also now the second contributor to the leading national Undergraduate textbook in Criminal Law – Smith, Hogan and Ormerod’s Essentials of Criminal Law – assisting the principal author, Professor David Ormerod CBE KC.

Prior to practice, Chaynee spent over a decade as a University Law Lecturer and academic, teaching Criminal Law, Evidence, and Media Law, working as Head of Admissions for Law (Law Admissions Tutor), and as Director of an Innocence Casework Unit.

As a member of Middle Temple since 2012, she was Called to the Bar in 2019.

She is the Adviser (Lay Non-Medic) in Teaching & Learning and Examinations for the Royal College of Pathologists (RCPath), and Full Member of the British Academy of Forensic Sciences (BAFS).

She is also a member of the Criminal Bar Association, the Inquest Lawyers’ Group, the Honourable Society of Middle Temple, the Society of Legal Scholars, the Peer Review Panel of the International Journal of Emergency Services (IJES), and a Fast-Track Fellow of the Royal Society of Arts (FRSA).

Before lecturing, she was a Deck Rating in the Merchant Navy, and, as a member of the Cruising Association, Young Cruisers’ Association, and Bar Yacht Club, she maintains a keen interest in getting afloat whenever possible.

Chaynee also has a keen interest in pre-hospital care and pre-hospital emergency medicine. In addition to her legal work in this area, she successfully completed the British Association for Immediate Care (BASICS) Pre-Hospital Emergency Care (PHEC) Course, and is a First Responder with GoodSAM for out-of-hospital cardiac arrests.

Expertise

Criminal Defence

Fraud, drugs, conspiracy, organised crime, business crime and POCA:

R v JF (2023) – Defence Counsel (alone) for a Defendant facing environmental charges for haulage. No further details can be provided at this time as it is ongoing.

R v AA (2021) – Case discontinued in full, in all courts, on PWITS (cannabis), after the Client was detained and produced in the Magistrates’ Court in error on matters for which he was already due to be tried in the Crown Court. All matters discontinued.

R v JM & LM (2023) – Sentence: Represented two Defendants on charges of being concerned in the supply of Class B: cannabis (D1) and permitting the use of premises for the supply of a controlled drug of Class B: cannabis (D2).

Sentence for D1: SSO: 18 weeks suspended for 12 months (150h UPW and 15 x RAR).

Sentence for D2: Community Order: 12 months (EM curfew for 8 weeks and 15 x RAR).

R v AE (2023) – Sentence: Concerned in the supply of drugs (cannabis), possession (cannabis), and acquisition/use/possession of criminal property: HHJ stepped outside of the Sentencing Guidelines (custody or SSO indicated) to instead sentence: 12 month Community Order (150h UPW & 35 x RAR days).

R v HO (2022/23) – Case involving a Newton hearing and subsequent extensive jurisdictional challenge to POCA on the statutory time limit in s.14 POCA 2002.

R v DD & Others (2022) – Defence Junior to Mr Matt Lawson (Libertas Chambers), on this case of multi-handed acquisition/use/possession of criminal property charges. The case against our Client cracked when, at trial, the Prosecution offered no evidence and discontinued, before proceeding with the rest of the trial against others:

R v SA & Others (2022-24) – Operation Soros & Operation Venetic: Defence Junior to Mr Matt Lawson (Libertas Chambers), on this case of multi-handed conspiracy charges. No further details can be provided at this time as it is ongoing.

R v PS & Others (2022-24) – Operation Destin: Defence Junior to Mr Gerard Hillman (Libertas Chambers), on this case of multi-handed charges. No further details can be provided at this time as it is ongoing.

R v IA & Others (2023/24) – Operation Vansfare: Defence Junior to Mr Kieran Maidment (Doughty Street Chambers), on this case of multi-handed conspiracy charges. No further details can be provided at this time as it is ongoing.


Misconduct in public office:

R v LY (2022) – Misconduct in public office (Prison Officer in relationship with a prisoner: Sentence: SSO: 12 months suspended for 18 months.

 

Malicious communications:

R v PS (2022) – Malicious communications (2 x angry calls to staff at an MP’s office): Sentence: SSO: 8 weeks suspended for 12 months (120h UPW and 30 x RAR days, and £100 compensation to each of the two calls’ recipients).

R v ABN (2022) – Malicious communications (3 x angry calls to ex-partner) and drunk & disorderly (in an airport): Sentence: For malicious communications: 12 month Community Order (200h UPW and 20 x RAR). For drunk & disorderly in the airport: Fine: £833.

 

Assaults and offences against the person:

R v MA, HS, OH & MM (2023): Organised theft outside Harrods (acted for D1): Case discontinued against all four Defendants, 3 ¼ years on, the day before trial (and discontinued in absence against D1, despite breach of a Bench warrant not backed for bail, and absconding).

R v FA (2021) – Not Guilty verdict at trial for alleged assault of an emergency worker: Offence not made out. Police actions were also found to be potentially unlawful.

R v PP (2021) – Assault(s) of SIA security guards and criminal damage: Acquittal.

R v NC (2021) – Assault on emergency worker and drunk and disorderly: Case discontinued at court by the Prosecution, part way through trial. Prosecution offered no evidence after Defence cross-examination of Police Officer showed the account was inconsistent with CCTV (which had been played to him in court).

R v CC (2021) – ABH reduced to common assault at court by the Prosecution on day of trial, then Client acquitted of two such charges. Restraining Order successfully opposed.

R CWC (2022) – Assault by beating (x 2): Acquittal. Restraining Order on acquittal successfully opposed.

R v TZ (2022) – Assault by beating (in a complex set of circumstances): Acquittal.

R v A Youth (2022) – Assault with intent to rob: Case discontinued at court by the Prosecution by lunchtime on Day 1 of a 2-day trial.

R v SR (2022) – Use of threatening / abusive / insulting words / behaviour with intent to cause fear of / provoke unlawful violence (s.4(1) & (4) Public Order Act 1986) – against a Police Officer: Case discontinued at court after the Prosecution offered no evidence, following the service of an abuse of process application.

R v EC (2022/23) – Case of GBH with intent (s.18) and self-defence in the context of an NRM (a complex case, given the s.45 MSA 2015 defence is not available as a stand-alone defence to this offence).

 

Stalking & Harrassment

R v PD (2021) – Harassment: Case discontinued at court by the Prosecution.

R v MR (2021) – Stalking: Case dismissed by the court (No Case to Answer).

R v CGB (2021-22) – Harassment and criminal damage: Long-running case, with much support provided for the Client. The Prosecution eventually offered no evidence on the harassment charge, and it was discontinued. The criminal damage proceeded to trial, during which it cracked, with the Prosecution offering no evidence and discontinuing the case. The defence here was the provision of a blessing of thanks (“puja” or “pooja”) – in this case, the provision of some soup to a vehicle. The court apologised to the Client for the number of times he had to come to court before the case was discontinued.

 

Offensive Weapons

R v TD (2022) – Possession of an offensive weapon in a private place (“Zombie knife”): Case discontinued at court by the Prosecution, on the morning of trial.

R V NN (2022) – Possession of a bladed article in public place: Dismissed as an abuse of process, after D was able to eventually retrieve a long-lost NFA letter.

R v PL (2022) – Possession of a bladed article in a public place (“second strike”): Case dismissed at court (No Case to Answer) after it came to light that the BWV showed a sign saying “private property”. A charge of going equipped was discontinued at court by the Prosecution at a previous hearing (same counsel).

 

Driving Offences

R v CE (2023) – Dangerous driving: Case discontinued the day before trial of a defendant charged with allegations of dangerous driving after his 4 x 4 truck collided with a car, following a confrontation. Vacated the original trial listing, in order to prepare a refined version of the originally provided Defence Statement (taken on as a return), expanding upon the defence proposed (duress of circumstances and self-defence), and to seek more disclosure. This led to Prosecution disclosure of police BWV footage, which 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.

R v KM (2021) – Aiding, abetting, counselling and procuring a person disqualified from holding or obtaining a driving licence to drive a motor vehicle: Case discontinued by the Prosecution after First Appearance.

R v LM (2021) – Driving with BZE (cocaine) over specified limit: Withdrawn at court by the Prosecution, leaving sentence on driving while unfit through Δ-9-THC (delta-9-tetrahydrocannabinol, cannabis), and exceeding temporary speed restriction.

R v KBW (2021) – Driving with drugs in excess of the prescribed limit (Δ-9-THC – (delta-9-tetrahydrocannabinol, cannabis): Case discontinued at court by the Prosecution.

R v HK (2021) – Driving with excess alcohol, TWOC, driving otherwise than in accordance with a licence, driving without insurance: Case discontinued at court by the Prosecution on driving with excess alcohol (no plea entered until the Prosecution were able to produce EBM printout, and MGGD papers), and TDA/TWOC (taking vehicle without consent). Plea on the driving otherwise than in accordance with valid licence and driving with no insurance resulted in a fine and licence endorsement.

R v MB (2022) – Driving with alcohol above legal limit (77μg in 100ml breath): Sentence: Fine of £349. Disqualification: 12 months and 3 weeks (with drink drivers’ course).

R v KY (2022) – Driving with alcohol above legal limit (107μg in 100ml breath): Sentence: 12 month Community Order (120h UPW). Disqualification: 19.5 months (with drink drivers’ course).

R v IL (2023) – Driving without insurance and possession of Class A (Cocaine): Sentence: Fine of £120 for possession of Cocaine. No separate penalty for driving offence. Licence endorsed with 6 points (the minimum), avoided disqualification.

R v HJ (2023) – In charge of a motor vehicle with proportion of specified controlled drug above the specified limit (ketamine, 195 μg: legal limit 20 μg): Sentence: 12 month Community Order (10 x RAR days), and a 6 month disqualification.

 

Protest Law

Protest cases: instructed, primarily by Kellys Solicitors and ITN Solicitors (but accepting instructions from any relevant firms), representing protesters and campaigners, including Extinction Rebellion (XR), MBR Beagles, and Just Stop Oil (JSO).

MBR Acres Limited v Free the MBR Beagles [2021] EWHC 2996 (QB) – High Court injunction challenge, representing protesters (assisting Mr James Nieto and Cohen Cramer Solicitors): https://www.judiciary.uk/wp-content/uploads/2022/07/MBR-Acres-Ltd-v-Free-the-MBR-Beagles-101121.pdf

R v MW (2022) – Assaulting an emergency worker (Police Officer) and s.4A Public Order (in activist context): Case cracked when the Prosecution offered no evidence and discontinued the case on the assaulting an emergency worker, remitted the Public Order offence back to the Magistrates’ Court, and then a few days before that trial, offered no evidence and discontinued the case in full.

R v EK (2022) – Representing a Defendant from the Norwich Livestock Market protests: https://www.eveningnews24.co.uk/news/crime/20664316.women-stand-trial-anti-meat-protest-city-livestock-market/

R v GB & LA (2023) – Representing a Defendant from the M&S milk protests: https://www.edp24.co.uk/news/23272157.m-s-milk-incident-women-face-trial-criminal-damage/

R v AH & AL (2023) – Representing two Defendants from the Extinction Rebellion (XR) Barclays protests: https://www.northantstelegraph.co.uk/news/people/kettering-barclays-bank-graffitied-and-posters-stuck-to-windows-as-men-84-and-59-arrested-on-suspicion-of-criminal-damage-3917955

R v AG (2022) – Aggravated trespass: Representing an Extinction Rebellion (XR) protester charged with aggravated trespass at an Amazon warehouse: Conditional Discharge (12 months).

R v CI (2022) – Assault by beating (in activist context): Representing an activist charged with assaulting an emergency worker (Police Officer): Case cracked when the Prosecution offered no evidence and discontinued the case.

R v BM (2022) – Assault by beating (in activist context): Representing an MBR Beagles activist charged with assaulting an emergency worker (Police Officer): Case cracked when the Prosecution offered no evidence and discontinued the case.

R v TU (2023) – Assault by beating (in protest context): Sentence: Representing a fox hunt protester: Conditional discharge (12 months).

R v SP (2023) – Representing a Defendant from the Extinction Rebellion (XR) Tower Bridge protest: https://www.independent.co.uk/climate-change/extinction-rebellion-london-tower-bridge-b2053766.html

R v NO (2023) – Representing a Defendant from the Just Stop Oil (JSO) M25 protest: https://www.independent.co.uk/climate-change/news/just-stop-oil-metropolitan-police-m25-essex-police-cop27-b2223173.html

 

Abuse of Process & Procedural Challenges To Prosecution

Experienced in drafting and making applications to stay a case as an abuse of process in the Magistrates’ Court. Also experienced in successfully applying to vacate Guilty pleas in the Magistrates’ Court and Crown Court, and withdrawing consent to summary trial in the Magistrates’ Court.

 

Police Pursuits

Experienced in challenging cases of police pursuits and TPAC resulting in charges against pursued parties, including those involving “decamps” and collisions.

 

Fitness To Plead

Experienced in disentangling complex cases of fitness to plead, including retrospective challenges to fitness.

 

Changes To Defence Approach

Experienced in undertaking pre-trial reviews of the Defence case where there has been a change of representation, including drafting and serving updated or amended Defence Statements, refining the defence, seeking additional disclosure, pursuing undisclosed material further through s.8 CPIA 1996 applications, and, if needs be, seeking to “rewind” the case to Stage 2 afresh to provide better defence prospects.

 

Clinical Legal Education

Previous experience of CCRC work as a Director of a University Innocence Casework Unit, reviewing serious crime cases where a miscarriage of justice had been alleged. including murders and attempted murders, including the CCRC application for Jordan Cunliffe (with Mr Simon Natas FRSA of ITN Solicitors).


Bail Breaches

Strong track record of successfully defending bail breach, and/or securing release on bail on the same conditions.

A range of Defence work is undertaken, representing adults and youths facing charges of sexual offences. Due to the sensitive nature of this area of practice for all parties affected, Ms Hodgetts does not list cases of this nature publicly. However, further details of her practice experience can be obtained from the Clerks if needed.

R v MB (2023) – Old Bailey case involving conspiracy to murder charges.

R v LD (2023) – Case involving murder charge involving an alleged collision between a vehicle and a pedestrian: https://www.plymouthherald.co.uk/news/plymouth-news/plymouth-businessman-luke-dann-speaks-8289549

R v Isaac Ramsey [2022] EWCA Crim 971 – Junior to Mr Leonard Smith KC, in the Court of Appeal (Criminal Division) in a successful appeal against sentence (with the sentence on the second count of 8 years being reduced to 5 years – and the overall notional determinate

Re IWL (2017) – Inquest (voluntary mental health patient): Issues raised with the Health Authority on A&E out-of-hours provision. Changes made to policy by the Health Authority on police officers’ access to psychiatric wards. Represented the family at inquest. https://www.bbc.co.uk/news/uk-wales-north-west-wales-38521798 and https://www.dailypost.co.uk/news/north-wales-news/north-wales-police-criticised-inappropriate-12412889

Re MBJ (2017) – Inquest (voluntary mental health patient): Changes made to policy by the Health Authority on A&E out-of-hours provision. Also examined police practices for searching for vulnerable adults. Represented the family at inquest.

https://www.dailypost.co.uk/news/north-wales-news/michael-bryn-jones-inquest-hears-13043531,
https://www.dailypost.co.uk/news/north-wales-news/michael-bryn-jones-feared-somebody-13045416 and
https://www.bbc.co.uk/news/uk-wales-north-west-wales-39953806

Re SLB (2019): Application for a fresh inquest under Attorney-General’s Fiat (inquest then voluntarily granted by the Coroner): Secured inquest 25 years on, after the death was certified by a hospital, following errors in medical treatment (signs of Acute Tumour Lysis Syndrome (ALTS) missed, and Potassium administered when contraindicated). Represented the family at Pre-Inquest Hearing (PIH) and inquest.

Case received national press coverage:

https://www.bbc.co.uk/news/uk-wales-49082411

https://www.thesun.co.uk/news/9569326/blood-cancer-patient-mistook-anxiety/

https://www.dailypost.co.uk/news/north-wales-news/timely-blood-tests-could-helped-16634533

https://www.dailypost.co.uk/news/north-wales-news/parents-fight-answers-over-how-16619412

https://www.dailypost.co.uk/news/north-wales-news/missed-opportunities-treatment-cancer-patient-16640668

Re MTF (2021) – Inquest into the death of a Cardiff University student, following the automatically generated issue of an inaccurate “degree fail” exam transcript.

Successfully applied for Cardiff University to give evidence at, and become party to, the inquest, and represented the family at Pre-Inquest Hearing (PIH) and inquest.

Resulted in a Regulation 28 Preventing Future Deaths report: https://www.judiciary.uk/wp-content/uploads/2021/11/Mared-Foulkes-Prevention-of-future-deaths-report-2021-0378_Published.pdf, and a statutory response from Cardiff University: https://www.judiciary.uk/wp-content/uploads/2021/11/2021-0378-Response-from-Cardiff-University_Published.pdf, followed by a public apology.

Case received international press coverage:

https://www.dailypost.co.uk/news/north-wales-news/totally-bereft-22001995

https://www.bbc.co.uk/news/uk-wales-59080475

https://www.walesonline.co.uk/news/wales-news/mared-foulkes-cardiff-university-inquest-21998345

https://www.dailymail.co.uk/news/article-10142029/Student-fell-death-bridge-getting-email-WRONGLY-telling-failed-exams.html

https://www.dailystar.co.uk/news/latest-news/devoted-student-21-killed-herself-25324708

https://www.express.co.uk/news/uk/1513360/Student-dead-bridge-Cardiff-University-email-gaffe-blunder-exam-results

https://www.thescottishsun.co.uk/news/7919561/devoted-university-student-killed-herself-email-wrongly-failed-exams/

https://www.dailystar.co.uk/news/latest-news/devoted-student-21-killed-herself-25324708

https://metro.co.uk/2021/10/28/student-21-killed-herself-after-wrongly-being-told-she-failed-exam-15505656/

https://www.ibtimes.sg/mared-foulkes-21-yr-old-student-jumps-off-bridge-after-university-wrongly-tells-her-she-failed-60995

https://nypost.com/2021/10/29/mared-foulkes-took-own-life-after-being-wrongly-told-she-failed-exam/

https://www.walesonline.co.uk/news/wales-news/cardiff-university-sorry-mared-foulkes-23033128

https://www.dailymail.co.uk/news/article-10211899/Coroner-says-Cardiff-University-change-results-policy-student-killed-mix-up.html

https://www.bbc.co.uk/news/uk-wales-60306702

https://www.dailypost.co.uk/news/north-wales-news/university-apologises-over-death-anglesey-23036515

https://www.itv.com/news/wales/2022-02-09/uni-makes-changes-after-suicide-of-student-wrongly-told-shed-failed-exam

Recommendations

"Chaynee’s vast knowledge of criminal law and procedure is matched by a commitment and determination to get into the detail of every case."Professor David Ormerod CBE KC, Deputy High Court Judge, and Editor-in-Chief of Smith & Hogan and Blackstone's Criminal Practice.

Appointments/Memberships

  • Honorary Lecturer in Emergency Medical Law, Centre for Neuroscience, Surgery and Trauma, Blizard Institute, Queen Mary University of London
  • Honorary Lecturer in Law: Law Department, Bangor University (after over a decade lecturing)
  • Honorary Lecturer in Medicine (Medical Law): School of Medical Sciences, Bangor University
  • Lecturer in Law for Pre-Hospital Emergency Medics (MSc Emergency & Resuscitation Medicine): Centre for Trauma Sciences, Blizard Institute, QMUL
  • Lecturer in Law for Medical Students: MBBCh: C21 (Bangor University)
  • Contributor: Smith, Hogan and Ormerod’s Essentials of Criminal Law
  • Bangor University Law School, North Wales (August 2012 – December 2020):
  • - Lecturer & Module Leader: Criminal Law; Evidence; Media Law: School of Law, Bangor University: Designed, lead & deliver all lectures, seminars & tutorials, marked assessments, & line-managed a Welsh-medium Tutor
  • - Research Supervisor (LLB, LLM, PhD): Supervised Undergraduates up to journal publication, & mentored Lecturers.
  • - Head of Admissions for Law (Law Undergraduate Admissions Tutor), Bangor University: Half a decade in post, including Clearing Lead & Open Day Lead.
  • - Director of Pro Bono Legal Casework & Staff Director: Innocence Casework Unit (ICU): Appeals & CCRC cases.
  • - Course Director: LLM Law with Criminology; LLB Law with Criminology/Creative Writing/Media Studies.
  • - Personal Tutor: Pastoral care duties to 1st, 2nd and 3rd year Undergraduate, and LLM Postgraduate Law students.
  • - University Gender-Based Violence Committee: Criminal Law Adviser.
  • - Criminal Trial Advocacy & Moot Coach.
  • BPP University Law School, Waterloo: Visiting Lecture in Constitutional & Administrative Law (QLD LLM, 2018-19)
  • University of Portsmouth School of Law: Lecturer in Legal System & Public Law (LLB, 2011-2012)
  • Nominated and/or shortlisted for legal teaching awards, including: LawCareers.Net Law Lecturer of the Year Award (for 4 years running); University Teacher of the Year Award and University Dissertation/Thesis Supervisor of the Year Award (SLTA 2019-20), and was shortlisted for University Outstanding Pastoral Support Award (SLTA 2018-19).
  • Lay Adviser: Teaching & Learning and Examinations: Royal College of Pathologists
  • Member: Peer Review Panel, International Journal of Emergency Services (IJES)
  • Nautilus International: Nautilus Champion
  • Reverse Mentor, HMCTS Judicial Reverse Mentoring Service (mentoring judges)
  • OU Law School Employability Mentoring Scheme: Professional Mentor
  • Schools Outreach: Formerly as Admissions Tutor, now as practising barrister
  • Member: The Honourable Society of Middle Temple
  • Fellow (Fast-Track): The Royal Society of Arts (FRSA)
  • Member: INQUEST Lawyers’ Group
  • Member: Criminal Bar Association
  • Member: The Society of Legal Scholars
  • Member: British Association of Forensic Sciences (BAFS)
  • Member: Nautilus International
  • Member: University and College Union (UCU)
  • Member: Zumba Instructors’ Network (ZIN)
  • Instructor Training: Yoga, Pilates, and Barre (ongoing)
  • Professional Diploma in Sports Psychology (ongoing)
  • Instructor Training: Level 2 & 3: Personal Trainer (ongoing)
  • Member: UK Coaching
  • Member: The Women’s Institute (WI)
  • RYA Yachtmaster (study ongoing)
  • Member: Cruising Association
  • Member: Young Cruising Association
  • Member: Bar Yacht Club

Miscellaneous

Academic Publications

Fluent English and French, and competent Welsh. Passed North Wales Fire & Rescue Service Firefighters’ Welsh Test (Level 2). Learning (in any spare time!) Italian, Irish, Russian, Gaelic, Hebrew, Polish, Arabic, Greek, and Latin.

Instruct ChayneeTo instruct Chaynee please contact our clerks by phone on +44 (0) 20 7036 0200 or email us at clerks@libertaschambers.com