Practice
Criminal law Extensive Crown Court trial experience for serious offences of violence, child cruelty, sexual offences, fraud, benefit fraud, drugs, public disorder, firearms and money laundering and proceeds of crime. She has acted as junior counsel in large and complex cases involving large scale drugs conspiracy and violent disorder. She has a particular interest in the rights of vulnerable, young or mentally disordered defendants, cases involving political protesters and cases involving freedom of expression. Also represents defendants in ASBOs, SOPOs, ROSOs and football banning orders. Her criminal practice ranges from regular Crown Court trials, to representing appellants in the Court of Appeal. Other expertise includes abuse of process and judicial review.
Recent cases: Sexual offences: cases include rape case involving question of competence where complainant allegedly asleep; historical allegation of abuse spanning 15 years; indecent exposure involving complicated arguments of bad character (ongoing) Child cruelty: complex legal argument of competence and reliability of child witness and contamination of evidence (ongoing); defending father accused of long term ill treatment of children involving issues of culture and religion (2008); defending mother for accusations of serious physical abuse and failure to seek medical attention; defending mother for allegations including fractures of legs and skull (2007) Conspiracy to cause death by dangerous driving and conspiracy to pervert the course of justice including cell site analysis (ongoing) Threats to kill re patient disclosing delusional thoughts to psychiatrist (2009) Conspiracy to supply cannabis - legal argument on abuse of process where police promised not to prosecute (2009) Appeal against sentence for taking drugs into prison - vulnerable defendant (2008) Identification Act offences - including successfully arguing against deportation (2008)
Prison Law
Substantial experience of prison adjudications, Parole Board hearings and lifer panels. Experience includes judicial review arising out of prison law.
Civil Actions against the Police
Experienced in cases involving wrongful arrest, assault, false imprisonment and malicious prosecution.
Inquests
Representing families of the deceased in death in custody cases and has experience of inquests following other controversial deaths. Recently represented the family of Raymond Sim (2007) who was found dead in hospital grounds having been missing for 4 days after discharging himself from hospital. Has appeared at a number of pre-inquest hearings for high profile inquests.
Notable cases
Johnson v DPP [2008] EWHC 509 (Admin) (Appeal against conviction and appeal by way of case stated in respect of racially aggravated Sec 5 (Public Order Act)) judgment R (on the application of Ashman) v Parole Board and another [2007] All ER (D) 439 (Oct) (post-tariff IPP - delayed parole board review - violation of Article 5 right to prompt hearing) R v Benson [2005] EWCA Crim 2421 (appeal against sentence) R v W (1) (& W 2) [2005] EWCA Crim 2824 (appeal against sentence for 13 year old for serious offence of robbery)
Other Activities
Provides seminars on criminal law. Recent topics: Criminal Justice Act 2003 and Criminal Procedure Rules. Presented a series of lectures on human rights at Nottingham University (2002-3) . Member of Manchester Prison Law Practitioners Group (MPLPG)
Professional Associations
Criminal Bar Association Amnesty International Liberty
Background and personal profile
Previously worked for a large firm of solicitors specialising in criminal law.
Languages
Urdu, Punjabi and Hindi.
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Year of Call
2000
Education
LLB (Hons)
Email Address
e.mushtaq@doughtystreet.co.uk
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Specialist Teams
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