Criminal Appeals & Miscarriages of Justice

"Impressed solicitors note that the individuals at the set represent an amazing level of excellence."

Chambers UK Bar Guide

“The clerks are easy to get on with, reliable, extremely well organised and quick to respond to calls and e-mails. They work to a very high and professional standard.” 

Chambers UK Bar Guide​

To contact the Crime Clerks, please email crimeclerksmailbox@gclaw.co.uk or phone

+44 (0)20 7993 7600

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Garden Court Chambers has helped shape the foundations of modern criminal appellate law by pursuing criminal appeals to the highest courts.

Our criminal appeals barristers were involved in the formulation of the now well-known Pendleton test by the House of Lords, the leading case on fresh evidence.

Over the last 40 years, we have played a key role in reversing many of the seminal miscarriages of justice, including: Derek Bentley, the Guildford Four, the Birmingham Six, Judith Ward, Carl Bridgewater, the M25 Three and Sam Hallam.

The Garden Court Chambers Crime Team has been shortlisted as ‘Crime Set of the Year’ at the Legal 500 Bar Awards 2023.

Areas of Expertise

  • Appeals from the Magistrate Court to Crown Court
  • Miscarriage of justice cases including statutory compensation claims
  • Points of law of public importance
  • Advancing protections for victims of trafficking convicted of criminal offences
  • Fresh evidence appeals
  • Complex sentencing cases
  • Representing juvenile defendants
  • Shaken baby syndrome
  • Non-disclosure and participating informants (PIs)
  • Criminal Cases Review Commission applications and referrals to the Court of Appeal
  • Death penalty cases in the Privy Council

We continue to work at the cutting-edge of appellate law. Two of our criminal appeals barristers were instructed in the momentous Supreme Court decision on joint enterprise (R v Jogee; Ruddock v The Queen), a judgment with far-reaching ramifications for past convictions for the most serious crimes.

We have two barristers instructed in the successful appeal to quash the conviction of Sally Challen for murdering her husband. The appeal attracted international interest across academia and the media because it was the first appeal of its kind to test the viability of coercive control as a fact relevant to provocation.

We are recognised as leading barristers in the UK for criminal law. In 2015 we won the Legal 500 Crime Set of the Year Award and our crime team has been shortlisted for the same award four times.

Recent Notable Cases & News

Past Notable Cases

 

Sally Challen murder conviction quashed and manslaughter plea accepted in “coercive control” case (2019) 
Landmark case in which Sally Challen walked free after prosecutors accepted a lesser plea of manslaughter on the grounds of diminished responsibility, for killing her abusive husband after decades of psychological abuse. Coverage in BBCGuardian and ITV News.

High Court allows appeal on time limit for prosecuting summary offences (2019) 
Acting for the appellant in a case described by the High Court as one ‘which raises a short but important point as to the…time limit on the commencement of a prosecution for a summary offence’.

Successful appeal against sentence secures imminent release from custody for 18-year-old (2018) 
It was argued that the two-year sentence for robbery committed with two others when the defendant was 17 was excessive, and the sentencing judge had failed to give proper regard to the young man’s age, mitigation or the comparatively lenient sentences imposed on the young man’s co-defendants.

Successful appeal against conviction almost 10 years out of time (2017)
Representing Mr K, who in 2007 pleaded guilty to possessing a false passport contrary to section 25 of the Identity Cards Act 2006. He was sentenced to eight months’ imprisonment. The conviction was quashed.

R v Jogee, Ruddock v The Queen (2016)
Supreme Court and Privy Council clarification of joint enterprise

R v Ched Evans (2015)
CCRC referral of footballer Ched Evans’ rape conviction to Court of Appeal and subsequent successful appeal

R v L & Ors (2013)
Successful test case creating further protections for trafficked victims under Article 26 of the Anti-Trafficking Convention and the relevant EU Directive, and overturning the convictions of four victims of trafficking, three of whom were children

R v McNally (2013)
Leading authority on when consent may be vitiated in relation to sexual offences

R v Victor Nealon (2013)
Overturning rape conviction of Victor Nealon, who was wrongly imprisoned for 17 years, after fresh DNA evidence was considered on appeal

R v Sam Hallam (2012)
Widely publicised miscarriage of justice appeal. The case was reported in The Guardian

Tabeel Lewis v The State (2011)
Reprieve secured in Privy Council death penalty case

R v Altaf Hussain (2008)
Last in series of CCRC referrals exposing malpractice and the use of PIs by Customs and Excise in the 80s and 90s

R v Suzanne Holdsworth (2008)
Conviction for toddler murder found unsafe in light of fresh medical evidence

R v Derek Bentley (1998)
Earliest case on principle of joint enterprise: Derek Bentley was hanged in 1953 and posthumously vindicated in 1998 when his conviction was set aside

Contact team

The Team

Henry Blaxland KC

Year of Call: 1978

Year of Silk: 2002

Michael Turner KC

Year of Call: 1981

Year of Silk: 2002

James Scobie KC

Year of Call: 1984

Year of Silk: 2010

Rajiv Menon KC

Year of Call: 1993

Year of Silk: 2011

Michael Ivers KC

Year of Call: 1991

Year of Silk: 2016

Brenda Campbell KC

Year of Call: 2002

Year of Silk: 2018

David Emanuel KC

Year of Call: 1996

Year of Silk: 2019

Keir Monteith KC

Year of Call: 1994

Year of Silk: 2019

Hossein Zahir KC

Year of Call: 2005

Year of Silk: 2019

Mark Gatley KC

Year of Call: 1993

Year of Silk: 2022

Anna Morris KC

Year of Call: 2006

Year of Silk: 2023

Joanne Cecil KC

Year of Call: 2005

Year of Silk: 2024

Jacqueline Vallejo

Year of Call: 1997

Ruby Selva

Year of Call: 1999

Sam Parham

Year of Call: 2000

Christian Wasunna

Year of Call: 2000

Felicity Williams

Year of Call: 2000

Kate Aubrey-Johnson

Year of Call: 2001

Stella Harris

Year of Call: 2002

Alex Rose

Year of Call: 2003

Tom Wainwright

Year of Call: 2003

Daniel Jameson

Year of Call: 2004

Lucie Wibberley

Year of Call: 2005

Jennifer Twite

Year of Call: 2006

Giles Newell

Year of Call: 2007

Shahida Begum

Year of Call: 2008

James Mehigan

Year of Call: 2008

Emma Fenn

Year of Call: 2010

Michael Goold

Year of Call: 2010

Owen Greenhall

Year of Call: 2010

Catherine Oborne

Year of Call: 2011

Audrey Cherryl Mogan

Year of Call: 2014

Lee Sergent

Year of Call: 2016

Catherine Rose

Year of Call: 2017

Sania Nissar

Year of Call: 2018

Gerard Pitt

Gerard Pitt

Year of Call: 2018

Mark Robinson

Year of Call: 2020

Will Hanson

Year of Call: 2021

Elena Papamichael

Year of Call: 2021

Associate Members

James Mehigan

Year of Call: 2008

We are top ranked by independent legal directories and consistently win awards.

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