Maryam Mir

m.mir@doughtystreet.co.uk

Year of Call

2010
Maryam Mir
Profile

Maryam is a specialist criminal defence advocate.

 

She has a busy practice in the Crown Court and lower courts as trial counsel across the full spectrum of offences including serious violence, sexual offences, robbery, drugs supply and cultivation, immigration offences, public disorder and offences of dishonesty. She also has experience of taking cases to the Court of Appeal.

 

Maryam has particular expertise in protestor cases, raising issues of freedom of speech and proportionality. She has represented activists and dissidents on a variety of charges arising out of protests around the country.

 

Passionate about fearless representation of her clients, she has become particularly specialised in the cross examination of police officers. After several successes in the magistrates courts where her clients have been acquitted of obstructing/assaulting police, she now advises on civil action where there has been a finding of unlawful conduct.

 

Maryam is a member of the Extradition team and has experience of extradition work in the Magistrates Court.

 

Maryam is keen to encourage other young ethnic minority women to enter the profession and is happy to be contacted by schools and colleges to attend career fairs.  

Crime

Violence

R v Donoghue – upcoming s18 trial.

R v James – Charged with serious sexual assault, where the victim claimed she could not have consented because she was a lesbian. Acquitted after trial.

R v Hadi – s20 GBH trial. Following cross examination, finding made that police officer had used unlawful force on the defendant.

R v Hoxha –  Following concerns arising out of conference, successful submissions that the client may be a victim of trafficking and the case should be adjourned for CPS review.

R v Fossey – representing a client with a long term drug addiction charged with possession of counterfeit money and criminal damage. Successfully argued that a systemic failure to address the root cause of the client’s offending behaviour was the responsibility of those sentencing. The client’s sentence was deferred for a 2 month period of voluntary drug rehabilitation. He was subsequently sentenced by way of a Drug Rehabilitation programme.

Protests

R v HarrisonR v Campbell – Balcombe Valley protesters in trees – acquitted after trial

R v Crack & Ors – Represented 6 defendants charged with offences related to protests about fracking in the UK. All 6 defendants acquitted after trial.

R v Becker – Student charged with obstructing a highway during protests on campus. Successful no case to answer submission.

R v Duputell – Charged with squatting offences; acquitted on appeal following successful half time submission.

Youths

R v  W  -  Defending a youth with three strikes, charged with 6 domestic burglaries and a further 19 TIC burglaries, mitigation on sentence following lengthy negotiations on plea. Sentenced reduced to 3 years 2 months.

R  v PC - defending on the basis of my client's lack of mental capacity, secured appropriate mental health intervention (hospital treatment order) whilst avoiding a formal conviction, despite a psychiatric assessment that defendant was fit to plead.

R v A - representing the first defendant in a four handed robbery in the Youth Court. Effectively challenged the categorisations by the Probation Services’ of the client as dangerous. This positively impacted bail and ultimately sentence by way of a Youth Rehabilitation Order.

R v BSJ – Youth Court, offence of possessing a bladed article in a public place, successful submission of no case to answer.

Protest Cases

Maryam has a particular interest in the proportionate policing and prosecution of public disorder, involving legal argument on Articles 10 and 11, ECHR. She has acted for political activists and campaigners on a wide range of issues:

Represented the first group of protesters charged under squatting legislation (s144 LASPO); successful submission of no case to answer on appeal (R v Dirk Duputell 2013Read more 1Read more 2

Represented protesters charged with aggravated trespass in the Bexhill-Hastings Road Link protests, acquitted after trial

Instructed in anti-fracking protests resulting in acquittals of 5 defendants.

Actions Against the Police

Following several successes in the magistrates court where clients have been found not guilty of assault/ obstruct police charges, Maryam advises on civil action where there has been a finding of unlawful conduct. She is very keen to pursue this area.

Examples of successes in the magistrates court:

R v Smith – Uxbridge Magistrates’ Court Defendant was charged with 3 counts of Assault PC against female officers. He was acquitted following half time submissions on the basis that the officers had unlawfully assaulted him by using force not in contemplation of arrest. He had been entitled to use reasonable force to defend himself.

R v D – Wimbledon Magistrates Court The defendant was acquitted of obstructing a drugs search where the officer conceded he had failed to comply with search requirements under PACE Codes.

R v Gharbi – Enfield Magistrates Court  Where four officers had unlawfully strip searched the defendant using such force that he received serious permanent injury, their failure to comply with PACE Codes meant they were not acting in the execution of duty.  Not guilty of Assault PC.

R v S – Unlawful search of defendant’s home meant his subsequent arrest, detention and strip search were all unlawful. He was entitled to resist being forced to enter the police van and was not guilty of obstructing an officer; the officer had not been acting in the execution of his duty.

Administrative and Public Law

R v G – Judicial review of a refusal by Lowestoft Magistrates Court to grant reporting restrictions in a case involving a child. Following a telephone application to the High Court, an emergency injunction prohibiting reporting was granted overnight. 

Costs Applications

G v London Borough of Richmond – successful application for wasted costs following withdrawal of summons by LBR, opposed by the local authority. 

Education

LLB (Hons)

LLM Human Rights Law

 

Languages

Arabic

Urdu

Punjabi and dialects

 

Memberships

HRLA

Young Legal Aid Lawyers

Criminal Bar Association

Publications

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