Farrhat Arshad

f.arshad@doughtystreet.co.uk

Year of Call

1998
Farrhat Arshad
Profile

Farrhat Arshad specialises in the areas of criminal defence and human rights. Described by Chambers and Partners as, “excellent in Court” and Legal 500 as a, “skilled and determined defence lawyer” she is instructed to defend in serious crime, including murder, serious sexual offences, drugs, firearms and fraud.  Her civil work centres on judicial reviews arising out of both criminal and prison law and she acts for claimants in actions against the police and false imprisonment cases.  In recent years Farrhat has been instructed on a large number of out of time appeals to the Court of Appeal in relation to both convictions and sentence, particularly in relation to sentences of life imprisonment and imprisonment for public protection.

 

Farrhat has been recommended as a leading junior in Crime in Legal 500 since 2006 and Chambers & Partners since 2007. She was profiled as a “Future star of the Bar”, by Times Online.

Other Serious Criminal Offences

Farrhat is instructed to defend in a wide variety of serious offences. Her recent instructions include the following:

  • R v G - Step-father charged with historic abuse
  • R v K - Man charged with historic abuse against cousin
  • R v B - Neighbour charged with historic abuse of child
  • R v F - Man charged with historic abuse of family friend
  • R v L - Teacher charged with sexual abuse against pupil
  • R v F - Teenager charged with rape and other sexual offences against young relative;
  • R v O - Man charged with historic offences of cruelty against his children and sexual offences against his wife;
  • R v J - Man charged with historic sexual abuse against family friend
  • R v Y - Woman charged with fraud over ten year period;
  • R v S - Gun-shop owner charged with Firearms offences;
  • R v B - Historic sexual abuse;
  • R v M - Pub landlord charged with section 18 against customer;
  • R v P - Ex-soldier jointly charged with Rape;
  • R v M - Sexual offence involving cross-examination of six year old child;
  • R v C - Insurance fraud;
  • R v W - Mentally ill man charged with rape;
  • R v V - Multi-handed case arising out of gang raid on cannabis factory;
  • R v H and C - Couple jointly charged with serious sexual offences against teenagers;
  • R v M - Footballer charged with section 18 against fellow player;
  • R v W - Teenage girl charged with section 18 wounding;

Prison Law and Crime Related Public Law

Farrhat acts for claimants in judicial reviews arising out of prison law and criminal law, including the following:

  • Rowe v The Parole Board & SSJ - JR arising out of a flawed Parole Board hearing where a prejudicial victim impact statement went before the Board and was not disclosed to the prisoner.  The Court quashed the original decision and ordered a fresh hearing.
  • D'Cunha v The Parole Board - JR claim by an IPP prisoner against a flawed oral parole hearing.  Decision quashed and fresh review ordered.  The fresh review resulted in the prisoner’s release.
  • McD (John Joe) v Governor HM Prison Risley - JR claim arising from Prison refusing to allow prisoner to have contact with his children.  The decision was quashed and fresh consideration ordered.
  • Bampton v Parole Board – Representing Claimant in Judicial Review against Parole Board’s refusal to hold oral hearing.  Oral hearing granted.
  • F v Bolton Crown Court - JR claim against the decision of the Crown Court to impose an ASBO upon a 13 year old boy.  The ASBO was quashed.

Protest Cases

Farrhat has been involved in a number of environmental protest and animal rights cases. In 2012 Farrhat acted for environmental protestors charged with aggravated trespass following protests against fracking in the Lancashire area.  In 2011 Farrhat acted for one of the six environmental protestors charged with aggravated trespass at Ratcliffe on Soar power station. The trial collapsed when the Defence pursued disclosure relating to the role of undercover police officer Mark Kennedy/Stone. She was also instructed to represent those prosecuted for failing to complete the 2011 Census.

Criminal Appeals

Farrhat acted for the appellant in R v James Jones, in an appeal against conviction on an Incitement to produce cannabis charge. She was described as having presented the case with, “conspicuous skill”. In R v El Hudarey, an appeal against conviction, it was held that the basis of plea was incompatible with guilt.  R v Edwards, Fysh, Duggan, an appeal against conviction; consideration of the bad character provisions in Criminal Justice Act 2003; R v Miller and Javaherifard – Appeal against conviction; meaning of “entry” in section 25 of the Immigration Act 1971.

The main area of Farrhat’s appellate work is appeals against indeterminate sentences.  Farrhat has successfully appealed against sentences of imprisonment for public protection or life imprisonment in the following cases:

  • R v Caine Kitchen
  • R v Brian Turner
  • R v Neville Kitt
  • R v Jamil Hydar
  • R v Alex Booth
  • R v Shauna Smith
  • R v Dominic Bates
  • R v Gareth White
  • R v Kevin McAllister
  • R v Aaron Casey
  • R v Arben Doci
  • R v John Windsor
  • R v Richard Teeder
  • R v Simon Beilby
  • R v Gareth Jones

Education

BA (Hons) (Oxford)

LLM in Public International Law (LSE)

 

Membership

Criminal Bar Association

The Howard League for Penal Reform and Liberty.

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