Emma Fenn

Year of Call: 2010

"Emma is fearless when it comes to taking on complex and sensitive cases, with forensic attention to detail. She is great to work with, is incredibly responsive and she instils confidence in clients."

Chambers UK, 2025 (Crime)

"Emma is a fearless advocate. She articulates her submissions in a way that is persuasive to the lay client, the bench and most importantly the jury."

Legal 500, 2025 (Crime)

"Absolutely outstanding. Emma can turn her hand to anything and infuses her cases with tact, calmness and brilliant tactical acumen."

Chambers UK, 2024 (Crime)

"She dedicates time beyond the scope of her brief to client care and proves invaluable in her guidance both tactically and on legislative points."

Chambers UK, 2024 (Crime)

"Emma is a strong senior junior who has a quick ability to set the tactical direction of a case. She is a persuasive and determined advocate."

Legal 500, 2024 (Crime)

"Exceptionally bright and fantastic at getting straight to the heart of the case. She is very engaging and able to win over the most difficult of clients. Her written work is excellent."

Chambers UK, 2023 (Crime)

"She thinks of all the conceivable eventualities before they arise and is a brilliant strategist and tactician."

Chambers UK, 2022 (Crime)

"Emma is an extremely clever, caring, and dedicated criminal barrister. She is always willing to go the extra mile in her preparation and client care."

Legal 500, 2022 (Crime)

Contact

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Emma Fenn is a specialist criminal defence barrister with a particular interest in financial crime, serious violence and child abuse cases. She is regularly instructed in a wide range of criminal cases in courts across London and throughout the rest of the country.

She also conducts advisory work in relation to appeals and CCRC applications. Emma is consistently ranked in Chambers & Partners and the Legal 500 as a leading junior.

In 2022, Emma was appointed as a Recorder. She sits as a part-time judge in the Crown Court on the South Eastern Circuit.

Criminal Defence

Overview

Emma is an experienced criminal defence barrister who specialises in serious criminal cases including financial crime and non-accidental injury cases, where complex medical issues arise. She frequently appears in multi-handed murder, violence and drugs cases and has experience of sexual offences including historic allegations. Emma acts as a led junior and junior alone.

She is an author of Miller on Contempt and The Disclosure Referencer. In 2018 she was appointed a special adviser to the Justice Select Committee at the House of Commons in their inquiry into whether disclosure in criminal cases is functioning effectively.

Prior to the Bar, Emma gained experience of serious cases including “boiler-room” fraud and “baby-shaking” working for Hickman and Rose. Emma also brings her experience at the Criminal Cases Review Commission referring miscarriages of justice to the Court of Appeal to her practice.

In 2022, Emma was appointed as a Recorder. She sits part-time in the Crown Court on the South Eastern Circuit and combines this with her practice.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of reported cases.

Murder, Serious Violence and Firearms

Acquittal of Attempted Murder
R v MI (Birmingham Crown Court)
Junior alone. MI acquitted of attempted murder where victim was shot at four times including whilst on the ground. Convicted of lesser offence.

Death By Dangerous Driving Results in Court of Appeal Convening Special Court
R v DB (Central Criminal Court)
Junior alone. Death by dangerous driving trial which resulted in the Court of Appeal convening a special court regarding the statutory interpretation of the date at which this defendant will be released (and therefore the length of this driving disqualification).

Police Lies Exposed
R v NQ (Isleworth Crown Court)
NQ acquitted of section 18 GBH allegations after abuse of process application exposed police officers had lied to the CPS, NQ and the court.

Judge Imposes Sentence Reflecting Developmental Rather Than Chronological Age
R v EGM (Central Criminal Court)
Led by David Emanuel KC. Young defendant was 17 at time of murder of child who was selling weapons for profit. Significant adjustments made to trial process in line with Criminal Practice Direction and minimum term at level for 16-year-old imposed.

Complex Psychological and Psychiatric Investigations in Murder Trial
R v KK (Wood Green Crown Court)
Led by Hossein Zahir KC. Murder trial involving child defendant with complex needs subject to psychological, psychiatric, intermediary and other assessments to ensure effective participation. This case is ongoing.

Minimum Term Significantly Reduced to Reflect That Turning 18 Is Not a Cliff-Edge in Sentencing
R v RM (Woolwich Crown Court)
Led by Dean George KC. Murder trial where RM received a minimum term which was reduced significantly to reflect his maturity and that turning 18 does not represent a cliff-edge in sentencing. Unique case where the key prosecution witness was convicted of homicide between the original aborted trial and the re-trial. Issues of loss of control and self-defence arose.

Scrutiny of Pathological Evidence
R v AM
Led by David Emanuel KC. Novel facts and evidence regarding whether the deceased, who had not been assaulted by the appellant, could have died before the defendant left the house and formed the alleged intention to kill or cause serious harm.

Breach of Terrorism Notification Requirements Results in Rare Acquittal
R v AK (Manchester Crown Court)
Defendant had failed to notify of an email address used for his online grocery shopping. Trial revealed poor record keeping and lack of a lack of an audit trail. The defendant was acquitted.

County Lines Murder
R v NK (Bristol Crown Court)
Led by Peter Wilcock KC. Client acquitted after being accused of murdering a leading member of a drugs gang in a cuckooed flat in Somerset. Successful defence that one of the other members of the gang had committed the murder before committing suicide shortly after.

Defendant Shown to Be Victim of Violent Knife Assault
R v JA (Snaresbrook Crown Court) Not guilty verdicts entered in wounding with intent allegation where defence obtained expert evidence to demonstrate the alleged victim had attacked the defendant with a knife.

Defendant Victim of Historic Sexual Abuse
R v DM (Woolwich Crown Court) Not guilty verdict entered for allegation of violent robbery in the home where analysis of the unused revealed the complainant had a history of sexually abusing males and then accusing them of robbery.

Determinate Sentence for Convicted Terrorist
R v JU (Woolwich Crown Court) Determinate sentence imposed after initial charges of section 18 against prison officer whilst serving lengthy extended sentence.

Violent Disorder Turns Fatal
R v DG (Central Criminal Court)
Led by Dean George KC, 2 Bedford Row. Client and his extended family faced trial for a large violent disorder which led to the fatal stabbing of DG’s ex-girlfriend’s new partner. Sentenced to a minimum term of 21 years well below the starting point of 25 years. Conviction appeal pending with the Court of Appeal.

Pre-Planned Machete Attack Culmination of Decade-Long Family Feud
R v NC (Birmingham Crown Court)
Led by Peter Wilcock KC. Murder where the defendant had been kidnapped by the sole identification witness six months prior. Followed a series of retaliation attacks including an attempted GBH with a car used as the weapon.

Mandatory Minimum Sentence for Multiple Firearms and Ammunition
R v DA (Southwark Crown Court) Allegation beginning as five counts of possessing firearms and ammunition with intent to endanger life resulted in mandatory minimum sentence of five years.

Allegation of a Family Argument Turning Violent
R v LR (Central Criminal Court)
Led by Henry Blaxland KC. Young defendant acquitted of the attempted murder of his sister after a family argument turned violent. Unique case in that the defendant had a brain tumour when under ten years old and the subsequent cognitive effect meant he was a borderline case of being fit to plead and required an intermediary throughout trial.

Allegation of Gang-Related Murder
R v JA (Central Criminal Court)
Led by Ali Naseem Bajwa KC of QEB Hollis Whiteman. Instructed to represent young defendant charged with joint enterprise murder with a hunting knife.

Cold Case Review Leads to Trial for Historic Assassination
R v TB (Blackfriars Crown Court)
Led by Stephen Kamlish KC. Conspiracy to murder in historic East End gang murder where Crown alleged sophisticated planning and disposal of evidence following daytime assassination with a firearm.

Determinate Sentence for Robbery Using an Imitation Firearm
R v DC (Central Criminal Court)
Determinate sentence in the context of an armed robbery of a cash converters using an imitation firearm.

Prosecution Offer No Evidence After Defendant Shown to Have Alibi
R v DK (Harrow Crown Court)
Case revolved around the time delay on CCTV which the defence were able to show meant that DK could not have been at the scene of an aggravated burglary.

Non-Custodial Sentence in Serious Assault Allegation
R v CM (Isleworth Crown Court)
Non-custodial sentence imposed for allegation which began as a grievous bodily harm with intent charge.

Warring Family in Violent Disorder
R v SR (Stafford Crown Court)
Six-week violent disorder trial involving two sides of a warring family culminating in a conviction for attempted murder for one of the members of the opposing family.

Causation Successfully Challenged in Murder Case
R v WW (St Albans Crown Court)
Working with Icah Peart KC in relation to manslaughter case where jury accepted punch by defendant did not cause the death.

Child Abuse – Non-Accidental Injury and ‘Baby Shaking’

Challenge to Pathological Evidence After Sudden Death
R v FJ (Harrow Crown Court)
Led by Anya Lewis KC in case where mother accused of causing the death of her baby by failing to obtain medical assistance. Court of Appeal significantly reduced the sentence.

Defendant Acquitted After Challenge to Medical Evidence
R v JS (Isleworth Crown Court)
Led by Anya Lewis KC. Defendant was acquitted of shaking his daughter in his re-trial, after successfully appealing his conviction in the Court of Appeal.

New Medical Evidence in Baby Shaking Case Leading to CCRC Application
R v BS (2018)
Application to the CCRC in relation to a murder conviction given new medical evidence available.

International Child Abduction Case with Novel Compensation Argument
R v SA (Norwich Crown Court)
Child abduction case with international and cross-disciplinary elements including Brussels II and Hague Convention civil proceedings and enforcement proceedings in America and Lithuania. Prosecution tried to recover legal fees in civil proceedings via criminal compensation.

Parents Exonerated After Medical Evidence Challenged
R v Karissa Cox and Richard Carter (Guildford Crown Court)
Led by Michael Turner KC in trial at Guildford Crown where parents innocent of child abuse three years after baby was removed from their care and subsequently adopted. This case was extensively reported in the press, including by The Telegraph, The Guardian, The Mirror, ITV, The Daily Mail and The Independent.

Foster Carer Acquitted After Trial
R v CD (Bexley Magistrates’ Court)
Secured acquittal of a foster carer accused of assaulting her autistic foster son. Main prosecution witness was a social worker with no connection to the family.

Drugs and General Crime

Alternative Pleas to Large Drugs Conspiracy
R v JT (Inner London Crown Court)
JT sentenced to a community order after being accused of being part of a London-wide effective Class A drugs conspiracy.

Judge Refuses to Re-Open Drugs Conspiracy
R v KD (Guildford Crown Court)
Prosecution’s novel argument to re-open drugs conspiracy refused after submissions that evidence was known about at time of pleas.

Non-Custodial Sentence for Stalking Offence
R v OC (Harrow Crown Court)
Alternative plea to lesser offence after persistent disclosure arguments. Represented same defendant for Stalking Protection Order application.

Coercive and Controlling Behaviour in Domestic Setting
R v JC (Croydon Crown Court)
Working closely with criminal and family solicitors where criminal proceedings risk undermining resumption of child contact. This case is ongoing.

Intentional Strangulation Case Results in Rare Bindover
R v JW (Inner London Crown Court)
Bindover ordered after detailed representations regarding recent bereavement to defendant and precise context of argument with sister.

Community Resolution Secured for Assaulting an Emergency Worker
R v CJ (Inner London Crown Court)
Analysis of evidential and public interest threshold resulted in successful representations.

Death Threats to MPs
R v PR (Southwark Crown Court)
Limited custodial sentence imposed in context of mental health evidence. Widely reported in the press.

Drugs Conspiracy with Modern Slavery Defence
R v SP (Wood Green Crown Court)
Client accused of assisting the head of a drugs conspiracy. The National Referral Mechanism was utilised, and not guilty verdicts were entered.

Perverting Trial for Telling the Truth in Police Interview
R v BA (Isleworth Crown Court)
Client acquitted. Police misidentification led to perverting charge for a truthful prepared statement given in police interview. Circumstances focused on an accidental drug overdose. Those present at the scene had failed to get help.

Extensive Drugs Conspiracy Conducted From Prison Across West Midlands and London
R v GH (Birmingham Crown Court)
Led by Stephen Kamlish KC. Drugs conspiracy where conspiracy conducted from within the prison estate.

Multi-Kilogram High Purity Drugs Conspiracy Across West Midlands and London
R v SS (Luton Crown Court)
Led by Stephen Kamlish KC. Drugs conspiracy where extensive telephone analysis conducted in relation to prosecution failures to investigate.

Avoiding Immediate Prison Sentence for Supplying Class A Drugs at Festival
R v GC (Peterborough Crown Court)
Client avoids immediate prison sentence after supplying Class A drugs at the Secret Garden Party festival.

Perverting Allegations Dropped
R v DD (Isleworth Crown Court)
Prosecution offer no evidence after legal argument in relation to perverting the course of justice charges.

Prosecution Unable to Demonstrate Knowledge of Drugs
R v DS 
(Blackfriars Crown Court)
Prosecution offered no evidence in firearms and drugs trial after defence legal argument submitted relating to knowledge and therefore possession of drugs. Co-defending with Alex Rose.

Narrow Basis of Sentence Successfully Argued
R v NM (Worcester Crown Court)
Defendant sentenced to limited prison term after supply of drugs at a festival in breach of suspended sentence. The case was reported here.

Successful Dismissal Argument Based as Item Not Adapted to Cause Injury
R v NB (Newcastle Crown Court)
Successful application to dismiss for possession of an offensive weapon on basis base of champagne glass had not been adapted to cause injury.

Simple Possession Plea Accepted
R v LC (Isleworth Crown Court)
Prosecution accepted plea to simple possession of Class A drugs after representations made. This case was reported in The Daily Mail.

Successful Application to Dismiss After DNA Found on Moveable Object
R v PN (Isleworth Crown Court)
Successful application to dismiss where the allegation was a violent robbery in the home and the only evidence to link the defendant to the allegation was his DNA on an item of clothing found near the getaway car.

Sexual Offences

Rape Acquittal and Restraining Order Refused
R v BK (Croydon Crown Court)
The jury swiftly acquitted the young defendant of rape offences. In the absence of proper procedure or a proper evidential basis, the application for a restraining order was refused.

Trial Adaptations and Complex Issues of Consent
R v DE (Gloucester Crown Court)
Rape allegations where significant adaptations were needed to the trial process due to both the complainant and defendant being deaf and blind, and the guide dog needing to attend court. This case is ongoing.

Public Interest Immunity and Novel Use of Expert Evidence
R v JP (Central Criminal Court)
Disclosure was ordered regarding the age of the undercover officer (UCO) in attempted communication offences. This led to an ultimately withdrawn Public Interest Immunity (PII) application and the obtaining of linguistic expert evidence, which showed that the UCO’s language was inappropriate for a would-be 13-year-old. A caution was secured.

Sexual Assault Allegations Withdrawn
R v JK (Isleworth Crown Court)
A community order was imposed after a psychiatric report confirmed that the defendant’s intoxication resulted from obtaining alcohol while being a hospital inpatient.

Disclosure Requests Leading to Acquittals
R v ME (Harrow Crown Court)
The prosecution offered no evidence in a complex rape case.

Sexual Assault Allegations in Professional Context
R v AH (Wood Green Crown Court)
Allegations of sexual assault within a professional context. This case is ongoing.

Historic Sexual Offences
R v AA (Portsmouth Crown Court)
Historic sexual offence allegations. This case is ongoing.

Inappropriate Sentencing Categorisation
R v KD
(Southwark Crown Court)
Court of Appeal reduced determinate sentence by 25% where judge was found to have erred in concluding taking advantage of an intoxicated victim was analogous to using alcohol or drugs to facilitate the commission of the offence.

Indecent Image Challenged
R v P
 (Woolwich Crown Court)
Indecent image case where expert evidence obtained to challenge categorisation of indecent image.

Community Order for Intentional Exposure
R v RS
(Kings Lynn Magistrates’ Court)
Community order secured for offence of intentional exposure.

Community Order for Sexual Communication with Child
R v P
 (Ipswich Crown Court)
Community order imposed after guilty plea to sexual communication with a child.

Acquittal for Intentional Exposure
R v M
(Willesden Magistrates’ Court)
Client acquitted of intentional exposure where no evidence anything other than a private act.

Road Traffic Offences

Death by Dangerous Driving
R v DB (Central Criminal Court)
A reduction in sentence was secured where a change in the maximum sentence had occurred after the offence.

Dangerous Driving
R v TW (Oxford Crown Court)
An automatism case where the defendant suffered an epileptic seizure before crashing his vehicle. This case is ongoing.

Drug Driving
R v GH (Lowestoft Magistrates’ Court)
Client fined after guilty plea to multiple charges of ‘drug driving’.

Procedural Failure Results in Acquittal
R v IB (Wimbledon Magistrates’ Court)
Client acquitted after Prosecution unable to prove effective service of notice requesting driver information.

Careless Driving
R v UP (Ealing Magistrates’ Court)
Client acquitted of careless driving after collision with vulnerable pedestrian.

Special Reasons
R v JB (Bexley Magistrates’ Court)
Special reasons hearing with charges of dangerous driving and drink driving where defendant received a suspended sentence despite dangerous circumstances and high reading.

Contact Emma

Criminal Appeals

Overview

Emma conducts advisory work in relation to appeals and CCRC applications.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of reported cases.

Conflict in Court of Appeal Case Law
R v DB
Court of Appeal due to hear argument on lawful extension period for death by dangerous driving after conflict in the case law has emerged. Court convened a special court to resolve conflict in the appellate case law and joined the case to a judicial review.

Fresh Evidence Appeal
R v AN
Instructed to review whether any appeal grounds. Fresh evidence obtained in form of psychological and psychiatric report. Appeal pending.

Scrutiny of Pathological Evidence
R v AM
Led by David Emanuel KC. Novel facts and evidence for Court of Appeal consideration regarding whether the deceased, who had not been assaulted by the appellant, could have died before the defendant left the house and formed the alleged intention to kill or cause serious harm.

Inconsistent Verdict Appeal
R v DG
Led by Dean George KC. Court of Appeal considered whether the conviction was safe in light of the apparent inconsistent verdicts.

Unlawful Sentence Quashed
R v ES
Court of Appeal quashed the original unlawful sentence and replaced it with a determinate sentence. This case is subject to an application to the Supreme Court regarding the meaning of a sentence that is not more severe for appellants.

Novel Case Resulted in Significant Sentence reduction
R v FJ
Led by Anya Lewis KC. Mother prosecuted for combination of viruses leading to baby daughter’s death. Sentence significantly reduced on appeal after resident judge failed to account for starting point at top of range. This case is also subject to an appeal against conviction after new case law came to light questioning the original conviction.

Judge Wrongly Categorised Sentence
R v KD
Court of Appeal reduced determinate sentence by 25% where judge was found to have erred in concluding taking advantage of an intoxicated victim was analogous to using alcohol or drugs to facilitate the commission of the offence.

New Medical Evidence in Baby Shaking Case Leading to CCRC Application
R v BS
Application to the CCRC in relation to a murder conviction given new medical evidence available.

Investigating Officer Convicted of Leaking to Press Leading to CCRC Application
R v SI
Application to the CCRC in relation to new evidence linked to a gang-related murder in London.

Court of Appeal Quash Conviction in Shaken Baby Case
R v JS
Led by Anya Lewis KC. Court of Appeal quashed the conviction of a shaken baby case involving finely balanced medical evidence. JS acquitted on appeal.

Court of Appeal Consider Whether Statistical Basis for Criminal Benefit
R v MN and others 
Court declines to interfere with confiscation order where undercover drug purchases were used to calculate criminal benefit.

Contact Emma

Financial Crime and Confiscation

Overview

Emma acts as a junior alone and led junior in complex fraud and confiscation matters. This has included a variety of areas of financial crime including VAT evasion, boiler room fraud, mortgage fraud and cases where property and trusts law interact with criminal proceedings. She is frequently instructed on behalf of third parties where arguments regarding beneficial ownership in property are advanced.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of reported cases.

VAT Fraud in Investigation Spanning a Decade
R v AM (Southwark Crown Court)
Trial with twenty defendants split into four trials where conspiracy alleged the revenue was cheated out of tens of millions of pounds. This case is ongoing.

EncroChat Confiscation
R v CM (Woolwich Crown Court)
Significant assets secured for wife of defendant after being instructed for third party.

Trademark Infringement Fraud
R v S (Snaresbrook Crown Court)
Instructed in high-value designer goods trademark infringement fraud where agreement on restricted basis on one charge agreed. Sentenced to suspended sentence and confiscation order limited to particular criminal conduct agreed with £1 order.

Malware Attack Fraud
R v GH (Canterbury Crown Court)
Not guilty verdicts entered where client accused of using her IP address to commit series of money laundering bank transfers following a malware attack on a financial investment company.

Crown Seeks Extensive Hidden Assets Finding
R v TP (Central Criminal Court)
Hidden assets were limited to 10% of the original figure, which was in excess of £1 million.

Community Order Secured in Wide-Ranging Immigration Fraud
R v MB (Southwark Crown Court)
After linked trials lasting almost 18 months, MB was given a community order for a false application for a visa having been originally charged with a wide-ranging conspiracy.

Prosecution Offer No Evidence After Extensive Disclosure Failings Regarding Cross-Border Issues
R v CL (Kingston Crown Court)
Led by Stephen Kamlish KC. Prosecution offered no evidence in multi-million pound international cigarette smuggling and VAT evasion case after failing to comply with their disclosure duties following detailed defence submissions on abuse of process.

Crown Seeks Confiscation of Tainted Gifts
R v VK (Isleworth Crown Court)
Limited agreement reached in confiscation proceedings following immigration fraud where Crown sought confiscation order of in excess of £300,000 tainted gifts.

Serious Crime Prevention Order Application Successfully Opposed
R v JB (Southwark Crown Court)
Led by Henry Blaxland KC. Successfully resisted the imposition of a SCPO and reached a satisfactory agreement with the Crown in a complex confiscation hearing spanning two multi-million pound frauds.

Acquittal After Trial of Multi-Count Fraud Indictment
R v ZL (Southwark Crown Court)
Client acquitted of multiple counts of fraud in wide-ranging credit card frauds of high-value designer clothing and accessories.

Partner’s Beneficial Interest Successfully Asserted
R v TL (St Albans Crown Court)
Successful argument relating to partner’s beneficial interest in a property resulting in extensive reduction to the available amount.

Statutory Assumptions Rebutted
R v TA (Reading Crown Court)
Benefit figure reduced to around £250,000 from just under £1million sought on basis of rebuttal of the statutory assumptions and successful argument relating to wife’s beneficial interest in a property.

Confiscation Proceedings Discharged
R v REK (Southwark Crown Court)
Led by Bernard Tetlow KC. Proceedings discharged after Crown asked for a benefit figure of just under £200 million and an available amount of £7 million. The original case was reported in The Daily Mail.

Novel Method of Calculating Criminal Benefit Challenged
R v SR and others (Stafford Crown Court)
Ten-day confiscation hearing dealing with novel arguments relating to the use of a drugs telephone. The case was reported here. The case was subsequently argued in the Court of Appeal.

Legal Argument Relating to Third Party Interests of Family Members
R v DC (Winchester Crown Court, 2015)
Led by Bernard Tetlow KC in complex confiscation proceedings dealing with property and trusts legal argument relating to the beneficial interest in a property.

Novel Argument Relating to Obtaining Pecuniary Advantage
R v IA (Manchester Crown Court, 2014)
Three-day confiscation hearing arguing novel point of law linked to human trafficking. This case was reported by the BBC and the Manchester Evening News.

Contact Emma

Protest Rights

Overview

Emma acts as a junior alone in protest matters in the Magistrates’ and Crown Court. This has included a variety of different protests throughout her time at the Bar.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

Police Misconduct / Protest Cases

Police Lies Exposed
R v NQ (Isleworth Crown Court)
NQ acquitted of section 18 GBH allegations after abuse of process application exposed police officers had lied to the CPS, NQ and the court.

Acquittal Following Kurdish Protest at Turkish Embassy
R v G (Snaresbrook Crown Court)
Not guilty verdicts entered after analysis of CCTV evidence undermines prosecution case.

Acquittal Following Explosive Substances Allegation at Buckingham Palace
R v MM (Southwark Crown Court)
Client acquitted after discharging a smoke grenade on the roof of Buckingham Palace. Case raised interesting human rights argument relating to the compatibility of the reverse burden of proof with Article 6 ECHR for this type of offence.

Financial Penalty Received After Initial Allegation of Violent Disorder
R v AJ (Southwark Crown Court)
AJ fined for an offence of section 4 public order after initial violent disorder charge after protest in Brixton.

Half-Time Submissions Successful in Trafalgar Square Protest
R v LO (Hammersmith Magistrates’ Court)
Successful half time submission in relation to alleged assault on a police officer during Trafalgar Square protest.

Crown Accepts Caution in Fracking Protest
R v MGG (Redhill Magistrates’ Court)
Crown offers no evidence after caution accepted after fracking protest.

Crown Offers No Evidence After Fox-Hunting Protest
R v AB (Bury St Edmunds Magistrates’ Court)
Crown offers no evidence after alleged assault during a fox hunting protest.

Illegal Eviction Assault Acquittal
R v ZM (Stratford Magistrates’ Court)
ZM acquitted of assaulting a bailiff after protest relating to illegal evictions.

Anti-ISIS Protestors Acquitted
R v GO and others (Hammersmith Magistrates’ Court)
Kurdish anti-ISIS protesters acquitted of assaulting the police after peaceful protest in Parliament Square.

Contact Emma

Youth Justice & Child Rights

Overview

Emma represents children and young people in the Court of Appeal, Crown Court and the Youth Court. She has dealt with a range of cases affecting children including murder, offences of violence, possession of offensive weapons and drugs offences including where the defendant is found to be a victim of modern slavery/and or trafficking. She is thorough and determined in the way she prepares and conducts trials with children and young people and the specific issues and requirements of those cases.

Emma has instructed and worked with a wide variety of experts to ensure children obtain the best representation possible. This has ranged from psychiatrists and educational psychologists to drug and CCTV experts. She has taken steps to obtain relevant social services, medical and school records for children where it is relevant to the underlying reasons for commission of alleged offences as well as ensuring that intermediaries are in place wherever there is a need.

Emma has also mounted admissibility and fitness arguments surrounding gang and drill evidence and the cognitive age and abilities of young defendants as well as making detailed reference to the case law on sentencing children and young people and always ensures that the unique requirements and needs of children are promoted within the criminal justice system. She recently utilised a lyrics expert in a murder trial where the prosecution sought to rely on drill lyrics said to amount to a confession.

Emma is a trained facilitator on the ICCA’s course designed to improve the quality of representation for children: ‘Advocacy for Children in Conflict with the Law’.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

Judge Imposes Sentence Reflecting Developmental Rather Than Chronological Age
R v EGM (Central Criminal Court)
Led by David Emanuel KC. Young defendant was 17 at time of murder of child who was selling weapons for profit. Significant adjustments made to trial process in line with Criminal Practice Direction and minimum term at level for 16-year-old imposed.

Complex Psychological and Psychiatric Investigations in Murder Trial
R v KK (Wood Green Crown Court)
Led by Hossein Zahir KC. Child defendant with complex needs subject to psychological, psychiatric, intermediary and other assessments to ensure effective participation. This case is ongoing.

Minimum Term Significantly Reduced to Reflect that Turning 18 is Not a Cliff-Edge in Sentencing
R v RM (Woolwich Crown Court)
Led by Dean George KC. RM received a minimum term which was reduced significantly to reflect his maturity and that turning 18 does not represent a cliff-edge in sentencing. Unique case where the key prosecution witness was convicted of homicide between the original aborted trial and the re-trial. Issues of loss of control and self-defence arose.

Evidential Weaknesses Exposed
R v LM (Snaresbrook Crown Court)
Prosecution offered no evidence after evidential weaknesses exposed in bladed article case. Defendant not charged until he had turned 18 and therefore significant difference in consequences if convicted.

Judge Declines to Impose Mandatory Minimum Sentence
R v DK (Reading Crown Court)
Vulnerable young adult avoided prison after being convicted of possessing a blade in breach of a suspended sentence for the same offence.

Allegation of a Family Argument Turning Violent
R v LR (Central Criminal Court)
Led by Henry Blaxland KC. Young defendant acquitted of the attempted murder of his sister after a family argument turned violent. Unique case in that the defendant had a brain tumour when under ten years old and the subsequent cognitive effect meant he was a borderline case of being fit to plead and required an intermediary throughout trial.

Non-Custodial Sentence for Serious Drugs and Violence
R v SW (Harrow Crown Court)
Detailed mitigation and background information was obtained to ensure this 16-year-old defendant received a Youth Rehabilitation Order for violent and drug supply offences.

Allegation of Gang-Related Murder
R v JA (Central Criminal Court)
Led by Ali Bajwa KC. Instructed to represent 17-year-old defendant charged with joint enterprise murder with a hunting knife. Challenged admissibility of gang and drill evidence.

Judge Imposes Fine Instead of Imprisonment Where Defendant Was 17 at Time of Offence
R v LC (Guildford Crown Court)
For offences that usually attract immediate imprisonment (Class A supply and identity document offences), a fine was imposed after a deferred sentence.

Non-Custodial Sentence for Serious Sexual Offence
R v JZ (Wimbledon Youth Court)
17-year-old child received a Youth Rehabilitation Order for assault by penetration.

Contact Emma

Emma Fenn

Notable Cases & News

Garden Court Chambers celebrates 50th Anniversary

This year marks 50 years of Garden Court Chambers winning ground-breaking cases of constitutional importance.

Friday 31 May 2024

Henry Blaxland KC, Emma Fenn and Will Hanson instructed in court convened by Court of Appeal to resolve matter of statutory construction and apparent conflict in case law

Henry Blaxland KC, Emma Fenn and Will Hanson, of the Garden Court Chambers Criminal Defence Team, were instructed in a special court, convened by the Court of Appeal, to resolve a matter of statutory construction and an apparent conflict in case law.

Monday 9 Dec 2024

Emma Fenn secures acquittal for defendant after police concealed evidence

Emma Fenn, of the Garden Court Chambers Criminal Defence Team, successfully acted for the defendant, instructed by Greg Powell and Paul Egunjobi of Powell Spencer and Partners.

Thursday 10 Oct 2024

Stella Harris secures acquittal in murder trial

Stella Harris of Garden Court Chambers represented the 15-year old defendant, led by Mathew Sherratt KC of Thomas More Chambers, instructed by Javed Chughtai of EBR Attridge Solicitors.

Monday 24 Jun 2024

Criminal Disclosure Referencer (Third Edition) by Tom Wainwright, Emma Fenn and Shahida Begum out now

The Garden Court Crime Team is pleased to announce that the Criminal Disclosure Referencer, Third Edition, written by Tom Wainwright, Emma Fenn and Shahida Begum is out now.

Friday 17 May 2024

Helen Foot, Emma Fenn and Gráinne Mellon appointed as Recorders

We are delighted to announce that Helen Foot (Call: 2008), Emma Fenn (Call: 2010) and Gráinne Mellon (Call: 2010) of Garden Court Chambers have been newly appointed as Recorders by the Queen.

Wednesday 26 Jan 2022

Henry Blaxland KC, Emma Fenn and Will Hanson instructed in court convened by Court of Appeal to resolve matter of statutory construction and apparent conflict in case law

Henry Blaxland KC, Emma Fenn and Will Hanson, of the Garden Court Chambers Criminal Defence Team, were instructed in a special court, convened by the Court of Appeal, to resolve a matter of statutory construction and an apparent conflict in case law.

Monday 9 Dec 2024

Emma Fenn secures acquittal for defendant after police concealed evidence

Emma Fenn, of the Garden Court Chambers Criminal Defence Team, successfully acted for the defendant, instructed by Greg Powell and Paul Egunjobi of Powell Spencer and Partners.

Thursday 10 Oct 2024

Stella Harris secures acquittal in murder trial

Stella Harris of Garden Court Chambers represented the 15-year old defendant, led by Mathew Sherratt KC of Thomas More Chambers, instructed by Javed Chughtai of EBR Attridge Solicitors.

Monday 24 Jun 2024

Criminal Disclosure Referencer (Third Edition) by Tom Wainwright, Emma Fenn and Shahida Begum out now

The Garden Court Crime Team is pleased to announce that the Criminal Disclosure Referencer, Third Edition, written by Tom Wainwright, Emma Fenn and Shahida Begum is out now.

Friday 17 May 2024

Helen Foot, Emma Fenn and Gráinne Mellon appointed as Recorders

We are delighted to announce that Helen Foot (Call: 2008), Emma Fenn (Call: 2010) and Gráinne Mellon (Call: 2010) of Garden Court Chambers have been newly appointed as Recorders by the Queen.

Wednesday 26 Jan 2022

Peter Wilcock QC and Emma Fenn of Garden Court secure acquittal in murder case

Peter Wilcock QC and Emma Fenn of Garden Court Chambers have secured the acquittal of a man who was accused of murdering a leading member of a county lines drug gang.

Friday 13 Dec 2019

Background

Prior to coming to the Bar, Emma worked as a paralegal at Hickman and Rose Solicitors under the supervision of Jenny Wiltshire and Ross Dixon. She was involved in a wide variety of criminal cases including serious fraud, ‘baby-shaking’ cases, murder, drugs. She has since spent time at Hickman and Rose on secondment in their financial crime and regulatory department.

From September 2013 to June 2014, Emma worked at the Criminal Cases Review Commission during which time she investigated a number of potential miscarriages of justice and referred cases back to the Court of Appeal. Emma brings this experience to her criminal and appellate practice.

From January to March 2018, Emma worked with the Chief Justice of the Supreme Court of Uganda and the Chief Advisor to the Ugandan judiciary in Kampala. Emma received this Pegasus scholarship and worked closely with the University of Pepperdine in seeking to improve the criminal justice system in Uganda.

From April 2018 to July 2018, Emma was one of two independent special advisors to the Justice Committee’s Inquiry on Disclosure of Evidence in Criminal Cases.

In 2022, Emma was appointed as a Recorder. She sits part time in the Crown Court on the South Eastern Circuit and combines this with her practice.

Publications

  • Author of the third edition of ‘Miller on Contempt’, published December 2017.
  • Author of the second and third editions of ‘Criminal Disclosure Referencer’ with Tom Wainwright and Shahida Begum, published December 2017 and May 2024.
  • ‘When exoneration comes too late to keep a family together’, written with Stephen Lue of the Garden Court Family team, Legal Action Group, December 2015.

Awards

  • Keble Advocacy Course Scholar (2019)
  • Pegasus Scholar (2017)
  • Everard Ver Heyden Foundation Prize, City Law School, BVC (2009-2010)
  • Oxford University Press Prize for Excellence in Advocacy and Procedure, City Law School, BVC (2009-2010)
  • ICLR Busfield Prize, City Law School, BVC (2009-2010)
  • Middle Temple Certificate of Honour (2009-2010)
  • Middle Temple Astbury Scholarship (2009-2010)
  • Middle Temple Harmsworth Entrance Exhibition (2009-2010)

Training and seminars

  • Conferences and seminars in association with the Bar Council, CCRC, the Law Society, Garden Court Chambers, and the Innocence UK nationwide conference.
  • Speaker at the HNW Divorce conference on the overlap between family and criminal law in March 2024.
  • Emma is a pupil supervisor and a member of the tenancy committee at Garden Court Chambers.
  • Emma is a trainer on the ICCA’s advocacy course, ‘Advocacy for Children in Conflict with the Law’.

Education

Emma completed her degree in Law and French Law at Worcester College, University of Oxford. As part of her degree, she completed a year-long certificate in French Law at the University of Paris II Panthéon-Assas. This year involved studying and being examined in French in subjects such as European Human Rights Law and International Criminal Law.

Professional Memberships

  • Criminal Bar Association: Secretary (March 2018 to March 2019), Executive Committee (2016 onwards), Education Committee (2024 onwards)

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