Audrey Cherryl Mogan is a criminal defence and human rights barrister with experience in serious complex cases, including firearms, terrorism, fraud and serious drug offences. Audrey is also sought after for her expertise in protest law, working with victims of trafficking, and the criminalisation of refugees and asylum seekers.
Audrey won Legal Aid Newcomer of the Year at the Legal Aid Lawyer of the Year Awards 2021.
Her background in international armed conflict, European human rights law, deportation, and asylum makes her well-qualified to advise on these matters within a criminal context. She has successfully represented clients at all levels, including the High Court and Appellate Courts.
Criminal Defence
Overview
Audrey is a trusted junior with the ability to put even the most vulnerable clients at ease. She undertakes detailed and meticulous preparation of large, complex cases and is a particularly persuasive jury advocate.
She acts in cases involving serious violence, firearms, large-scale drug supply, and financial crime, and has developed particular expertise in defending cases involving small boats and other situations where asylum seekers and immigrants have been criminalised due to their status.
Audrey has appeared in court at all levels, from the youth court to the Court of Appeal (Criminal Division). Most recently, she successfully overturned the conviction of a young prospective lawyer in the ‘Manchester 10’ case, which gained significant media and community attention due to the use of racialised gang evidence.
Notable Cases
Drugs
R v DA, Birmingham Crown Court
Led junior representing the defendant, charged at the top of the chain in the sale of a wholesale quantity of cocaine and firearms. The Crown relied on ‘EncroChat’ evidence, which required significant legal argument.
R v MA, Luton Crown Court
Led junior representing the defendant, charged with conspiracy to supply multiple kilos of cocaine and the kidnapping of a co-conspirator. Led legal arguments on the exclusion of late-served material.
R v PO, Chelmsford Crown Court
Represented the defendant in a highly publicised 11-handed drugs conspiracy to supply wholesale amounts of cocaine.
Serious Violence
R v IT, Wood Green Crown Court
Defendant acquitted of section 18 grievous bodily harm following a widely reported stabbing outside Scala Nightclub in King’s Cross.
R v JCV, Wood Green Crown Court
Young defendant charged with serious section 18 grievous bodily harm (stabbing) and multiple counts of witness intimidation. Detailed mitigation, including an exhaustive review of the authorities on sentencing children and young people, resulted in the defendant being sentenced to a Community Order.
R v LM, Inner London Crown Court
Defendant charged in a complex multi-handed conspiracy to commit armed robbery, where the prosecution offered no evidence following legal argument.
R v BC, Guildford Crown Court
Young defendant charged with two counts of kidnapping and five counts of breaching Sexual Harm Prevention Orders. Pursued evidence that the defendant was unfit to plead, and was subsequently appointed as advocate to represent them. After legal argument and discussion, counts were reduced to attempted kidnapping and two breaches. The defendant was given a s.37 Mental Health Act Order with a s.41 restriction.
R v FC, Isleworth Crown Court
Defendant entered guilty pleas to a series of offences of harassment and threats to kill over prison video link whilst self-representing. Raised issues of mental health and intoxication, and significant evidential issues in relation to the evidence of threats to kill in detailed written and oral submissions. The application to vacate the guilty plea to threats to kill was granted, and the prosecution offered no evidence.
R v AR, Wood Green Crown Court
Defendant acquitted of coercive controlling behaviour, two counts of ABH, and child cruelty. Required sensitive cross-examination of an 11-year-old witness.
Terrorism
R v SH, Central Criminal Court
Represented the defendant, previously convicted of offences of preparation of acts of terrorism against the London Stock Exchange, for failure to comply with notification requirements, including financial information and phones.
R v RB, Manchester Crown Court
Instructed to represent the defendant, charged under s.12(1A) of the Terrorism Act 2000 in relation to a speech at a Palestine Solidarity protest following the events of October 7. This is one of the first prosecutions under this legislation, raising complex issues relating to the scope of freedom of expression in the context of terrorism legislation.
Firearms
R v JW, Wood Green Crown Court
Defendant charged with multiple firearms offences. An abuse of process application was made on the grounds of entrapment by undercover officers.
Small Boats and Other Immigration-Related Offences
R v EE, Canterbury Crown Court
Darfuri asylum seeker charged with offences of assisting unlawful immigration and illegal entry contrary to sections 25 and 24(D1) of the Immigration Act 1971. Served detailed abuse of process submissions, considering prosecutorial guidance.
R v MA, Canterbury Crown Court
Audrey is currently instructed to represent a defendant charged with offences of illegal entry under section 24(D1) of the Immigration Act 1971.
Nationality Requirement in Criminal Courts
Audrey led the pre-litigation research project funded by the Strategic Legal Fund for Vulnerable Young Migrants, working alongside Commons Legal. The project explored the discriminatory impact of the requirement for defendants to provide their nationality in criminal courts, brought into force by section 162 of the Policing and Crime Act 2017, as amended by The Criminal Procedure (Amendment No. 4) Rules 2017. Following the publication of the report and extensive campaigning, the requirement was abolished in May 2021. Read more here.
R (on the application of The Aire Centre) v SSHD and the Commissioner of Police for the Metropolis
While working at The Aire Centre, Audrey managed the strategic litigation project against Operation Nexus, the joint initiative between the MET and the Home Office Immigration Enforcement, which led to a judicial review of the practices. Read more here.
Human Trafficking
R v RW, Lewes Crown Court
Young defendant charged with offences under sections 1 and 2 of the Modern Slavery Act 2015, namely facilitating travel for the purposes of exploitation and requiring a person to commit forced labour. The defendant himself had been exploited since the age of 13. The only counsel to make detailed legal submissions on the prosecution’s failure to consider the defendant’s own circumstances, follow the CPS guidance, and comply with their domestic and international obligations. After detailed written abuse of process submissions, the prosecution offered no evidence.
R v SD, Woolwich Crown Court
Defendant acquitted after trial, relying on a s.45 Modern Slavery Act defence.
R v AT, Basildon Crown Court
Youth defendant charged with conspiracy to supply class A drugs, charged alongside adults. Following successful section 78 PACE applications to exclude evidence and service of abuse of process submissions, the prosecution offered no evidence against the client.
R v DW, Portsmouth Crown Court
Youth defendant charged with multiple counts of supplying class A drugs. Successful applications to vacate trial dates to await a conclusive grounds decision. Detailed submissions led to the prosecution offering no evidence.
Contact Audrey
Criminal Appeals
Overview
Audrey regularly appears at the appellate level and has been involved in guideline cases and high-profile cases that have garnered significant media attention.
Notable Cases
Court of Appeal Criminal Division
Oni & Ors [2025] EWCA Crim 12
Led by Keir Monteith KC for Ademola Adedeji, a young prospective law student of good character who was charged with murder and section 18 grievous bodily harm. Adedeji’s conviction was quashed on appeal. It was the first time submissions were made in the Court of Appeal that a conviction was unsafe because the so-called ‘gang evidence’ was the product of “institutional racism”. The case was widely reported in the press, including The Guardian, New York Times, ITV News, The Justice Gap, Inside Times, Novara Media, The Lead and About Manchester.
Chipunza v R [2021] EWCA Crim 597
Successful appeal against conviction for burglary of a dwelling. The case is now key guidance on how a jury should be directed when considering whether a premises is a ‘dwelling’ for the purposes of burglary.
Case Stated Appeals in the High Court
Halcrow & Anor v Crown Prosecution Service [2021] EWHC 483 (Admin)
Appeal against conviction for breach of the Stonehenge Regulations by practising Pagans and Druids, raising the issue of whether the restrictions on entry to the Stone Circle impermissibly infringed the appellants’ rights under Articles 9 (freedom of religion and conscience), 10 (freedom of expression), and 11 (freedom of assembly) of the European Convention on Human Rights.
R v AJ
Following acquittal for common assault, the prison failed to release the defendant, who had been remanded pending trial. A successful emergency judicial review on habeas corpus grounds, relying on Article 5 (right to liberty) of the European Convention on Human Rights, led to the High Court Judge making an interim relief order for the defendant’s immediate release. The Governor of the prison attended to ensure his release on the Saturday.
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Protest Rights
Overview
Audrey is ranked in Chambers & Partners for Protest Law and is a sought-after junior in a range of high-profile cases in the Crown Court and Appellate Courts. She has successfully represented the co-founder of Palestine Action, Just Stop Oil activists, those involved in the Bibby Stockholm protests, and individuals charged with violent disorder and riot arising from Black Lives Matter (BLM) protests.
Audrey is a director at Black Protest Legal Support, an organisation formed in the wake of the BLM protests of 2020, where she trains legal observers, provides legal assistance, and has spoken on protest rights on podcasts, at universities, for NGOs, and in the media.
Notable Cases
Halcrow & Anor v Crown Prosecution Service [2021] EWHC 483 (Admin)
Appeal against conviction for breach of the Stonehenge Regulations by practising Pagans and Druids, raising the issue of whether the restrictions on entry to the Stone Circle impermissibly infringed the appellants’ rights under Articles 9 (freedom of religion and conscience), 10 (freedom of expression), and 11 (freedom of assembly) of the European Convention on Human Rights.
R v AW, Southwark Crown Court
Acquittal of a Just Stop Oil activist charged with conspiring to cause a public nuisance on the M25 during the highly publicised action between 7-10 November 2022, where JSO activists climbed gantries over the M25 calling for an end to new fossil fuel licences.
R v NC, Manchester Crown Court
Acquittal of a Just Stop Oil activist charged with conspiring to cause a public nuisance at Manchester City Airport.
R v IH, City of London Magistrates’ Court
Acquittal of the defendant who attended a Palestine Solidarity march, after submissions of no case to answer at half time. The defendant was violently dragged through the crowd, which appeared on the BBC, and was charged with failing to remove his Keffiyah scarf. It became evident through thorough cross-examination of the arresting officer that the officer did not understand the limits of the powers under s.60AA of the Criminal Justice and Public Order Act 1994.
R v HA, Snaresbrook Crown Court
Co-founder of Palestine Action, charged with blackmail and offences under section 44 of the Serious Crime Act, acquitted after trial.
R v CL, Lewes Crown Court
Young lawyer acquitted after trial, having laid in the road to stop the deportation of vulnerable asylum seekers.
R v DS, Bristol Crown Court
Defendant charged with offences arising from a rave. Acquitted after half-time submissions on what could in law constitute a ‘public nuisance.’
R v EB, Woolwich Crown Court
Acquittal of an Insulate Britain activist charged with conspiracy to cause a public nuisance, after sitting in the roads at Bishopsgate to draw attention to the failure to properly insulate social housing.
R v Ross Monaghan, Aylesbury Crown Court
Activist protesting in the ‘treehouses’ at Jones Hill Woods had convictions for seven offences overturned after an abuse of process application on the basis of the Crown’s failure to obtain and retain vital evidential material.
R v SH & TG, Southwark Crown Court
The first appeals from magistrates’ court convictions of Extinction Rebellion protestors. The successful appeals against convictions for breaching conditions imposed on protests during the Spring Rebellion in April 2019, one of the largest coordinated protests in decades, led to significant overturning of convictions. The court agreed that the police had not considered less intrusive measures or the proportionality of the arrests.
R v SW, Stratford Magistrates’ Court
The defendant was charged with obstruction of a highway after protesting at the DSEI arms fair. A key issue in the case related to whether the defendant’s actions amounted to an obstruction, in addition to Articles 10 and 11 ECHR. After service of a detailed skeleton argument, the case against the defendant was dropped.
R v L, S & D, Cardiff Magistrates’ Court
Defendant acquitted of failing to leave land after protesting an arms fair at Motorpoint Arena in Cardiff, mainly on the basis that the weapons had made their way to Afrin in Syria and assisted in the onslaught of violence in mainly Kurdish areas. A successful argument under section 78 PACE was made to exclude evidence on the basis that the prosecution failed to serve the vital evidence until shortly before the trial, despite a number of requests for this evidence from the defence. This failure significantly prejudiced the defendants by precluding them from being able to properly challenge prosecution evidence. The District Judge accepted the submissions, effectively bringing the prosecution to an end.
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Financial Crime and Confiscation
Overview
Audrey is instructed both as a led junior and independently in complex, paper-heavy serious fraud and money laundering cases. Her exceptional attention to detail makes her highly sought after.
Notable Cases
R v MK-I, Portsmouth Crown Court
Defendant acquitted of a large, multi-handed conspiracy to defraud, involving a substantial amount of evidence.
R v TN, Southwark Crown Court
Led junior in a multi-handed conspiracy to convert, transfer, and conceal criminal property alleged to have arisen from cannabis production and compulsory labour. Defendant acquitted after a three-month trial requiring significant analysis of complex and lengthy financial evidence.
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Youth Justice & Child Rights
Overview
Audrey has experience representing vulnerable child defendants, particularly those in care and with mental health issues. She has represented a number of child defendants in both the Crown Court and on certificates for counsel in the youth court, and is regularly instructed to defend children who show indications of being victims of trafficking and modern slavery. Audrey has in-depth knowledge of European and international human rights law, gained through ten years in the NGO sector. She was appointed as the 2020/2021 Griffins Barrow Cadbury Trust Fellow, in joint partnership with Cambridge University, where she is undertaking research on trafficking and modern slavery.
Audrey has spoken on the issue of indefinite detention of children at Garden Court’s seminar on child rights and has been funded by the Strategic Legal Fund for Vulnerable Migrant Children to undertake pre-litigation research on a number of issues that overlap crime and immigration.
Notable Cases
R v RW, Lewes Crown Court
Young defendant charged with offences under sections 1 and 2 of the Modern Slavery Act 2015, namely facilitating travel for the purposes of exploitation and requiring a person to commit forced labour. The defendant himself had been exploited since the age of 13. The only counsel to make detailed legal submissions on the prosecution’s failure to consider the defendant’s own circumstances, follow the CPS guidance, and comply with their domestic and international obligations. After detailed written abuse of process submissions, the prosecution offered no evidence.
R v AT, Basildon Crown Court
Youth defendant charged with conspiracy to supply class A drugs, charged alongside adults. Following successful section 78 PACE applications to exclude evidence and service of abuse of process submissions, the prosecution offered no evidence against the client.
R v DW, Portsmouth Crown Court
Youth defendant charged with multiple counts of supplying class A drugs. Successful applications to vacate trial dates in order to await conclusive grounds decision. Detailed submissions led to the prosecution offering no evidence.
R v SL, Huntingdon Youth Court
Instructed to defend a female child defendant who had been forced to carry significant quantities of class A drugs. Service of skeleton arguments before trial led to the prosecution discontinuing the offences.
R v CP, St Albans Youth Court
Child defendant charged in a five-handed allegation of serious robbery. Persuaded the prosecution to accept a plea to simple common assault following lengthy legal argument on prosecution disclosure failures. The defendant was given a conditional discharge.
R v JCV, Wood Green Crown Court
Young defendant charged with serious section 18 grievous bodily harm (stabbing) and multiple counts of witness intimidation. Detailed mitigation, including an exhaustive review of the authorities on sentencing children and young people, resulted in the defendant being sentenced to a Community Order.
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Civil Liberties and Human Rights
Overview
Audrey is regularly instructed to act in civil actions against the police, injunctions and contempt of court where they arise from a protest context. Most recently, Audrey has acted in possession orders where university encampments in solidarity with Palestine were cleared.
Prior to coming to the Bar, Audrey worked for 10 years in the human rights NGO sector in child rights, genocide prevention and European human rights law. She has an MSc in Human Rights and International Law from the London School of Economics (LSE) and continues to be instructed to advise on campaigns that raise human rights and civil liberties issues within a criminal context.
Audrey was funded by the Strategic Legal Fund to undertake research with Commons Legal on the racist and prejudicial nationality requirement in the criminal courts, which led to the scrapping of the requirement in May 2021.
Audrey worked for four years at the Genocide Prevention NGO, the Aegis Trust, both in their UK and Rwanda offices. Whilst in Rwanda, Audrey oversaw communications at the Kigali Genocide Memorial, which included liaising with government officials, international ambassadors and the business community in Rwanda, and working within the Legislative Drafting Department of the Ministry of Justice during the Rwandan transfer of prisoners from Arusha. Audrey also conducted the preliminary research and wrote the initial draft for the new Draft Law on Discrimination and an explanatory white paper for Parliament. In the UK, Audrey worked on conflict issues in Sudan related to the Darfuri genocide.
During her MSc, Audrey was awarded funding by the LSE to conduct field research in Sri Lanka a year after the end of the war, focusing on disappearances and arguing for a more robust legal personality for NGOs in war zones.
Audrey was a Legal Project Manager at the European human rights law charity, The AIRE Centre, where she advised foreign nationals facing deportation and removal, and provided training on free movement law. She managed a strategic litigation project challenging Operation Nexus, a joint deportation initiative between Home Office Immigration Enforcement and police forces across the UK (R (on the application of The AIRE Centre) v SSHD and Commissioner of Police for the Metropolis), and travelled to the refugee camps in France, Italy and Greece to document the impact of the Dublin Regulation on asylum seekers in Europe.
Audrey accepts instructions in civil actions, particularly those arising from protests and international crime and conflict matters.
