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Kate specialises in crime, extradition and crime related public law.

Kate’s practice encompasses criminal law, extradition and public law in the field of criminal justice. She is a versatile practitioner, being one of the few juniors in the country who specialises in terrorism work and who is dual ranked in Chambers & Partners in the categories of Crime and Extradition.  

Within crime and related civil work, Kate has particular expertise in terrorism, national security, contempt and the rights of children. She has a strong appellate and judicial review practice and regularly appears alone and led in the Court of Appeal, Administrative Court, and Privy Council.

Kate has acted in many leading cases in recent years, including the seminal appeals in the ‘Post Office’ miscarriage of justice scandal: Hamilton & Others [2021] EWCA Crim 577, closely followed by Ambrose [2021] EWCA Crim 1443 and Allen & Ors [2021] EWCA Crim 1874. In 2021, she also acted in the ‘small boats’ appeal relating to migrants crossing the English Channel (Bani & Ors [2021] EWCA Crim 1958) and the privacy case Griffiths v Tickle [2021] EWCA Civ 1882, where she acted for former MP, Andrew Griffiths.

Kate acted in the leading case on the impact of Coronavirus on the operation of custody time-limits Regulations (R (on application of DPP) v Woolwich Crown Court [2021] 1 W.L.R. 938) and the case of R v. Shepherd (Jack Sebastian) [2019] 4 W.L.R. 116, an appeal in relation to specialty protection in criminal proceedings. Kate also recently acted in an important case concerning children’s remand detention in Trinidad and Tobago: Seepersad v. Commissioner of Prisons [2021] 1 W.L.R. 4315, in which the Privy Council held that the appellants had been unlawfully and unconstitutionally detained in an adult prison whilst they were children.

Kate’s practice often has an international dimension, and she has advised in criminal, extradition and death penalty cases in Botswana, Kyrgyrzstan, Gibraltar, Bulgaria, Trinidad and Tobago, Bermuda and the Bahamas.  

Kate is a member of the Foreign Office Panel of Pro Bono lawyers for British citizens detained abroad, and she has trained lawyers in the applicability of international human rights law to counter-terrorism legislation on behalf of the United Nations. She is a contributing author to Mason’s Forensic Medicine for Lawyers (Bloomsbury Professional) on the issue of deaths in custody.

Other cases of significance across Kate’s practice areas include:

  • R v. Alamgir and Others [2018] EWCA Crim 21; [2018] 4 W.L.R. 40 – defended at trial and on appeal a preacher alleged to have invited support for Islamic State.

  • R v Anjem Choudary [2017] EWCA Crim 1606; [2017] 4 W.L.R. 204 – defended a high-profile preacher in relation to charges under s.12 Terrorism Act 2000

  • Brown & others v Government of Rwanda [2017] EWHC 1912 (Admin); [2017] 7 WLUK 733 – defended one of five men accused of conspiracy to participate in the Rwandan genocide in 1994. One of the few examples in English law of a successful challenge to extradition on the grounds of Article 6 (right to a fair trial)

  • R (on application of Charles) v. Criminal Cases Review Commission [2017] EWHC 1219 (Admin); [2017] 5 WLUK 574 – judicial review of the legal analysis applied by the Criminal Cases Review Commission in relation to ‘oblique intent’.

  • LF v. Secretary of State for the Home Department [2017] EWHC 2685 (Admin); [2017] 10 WLUK 702 – acted for the Respondent to an application by the Home Secretary to make a Terrorism Prevention and Investigation Measure (‘TPIM’) in relation to alleged membership of a proscribed organisation

  • R (on application of M) v Hammersmith Magistrates’ Court [2017] EWHC 1359 (Admin); [2017] 5 WLUK 130 – leading case in relation to natural justice and criminal procedure in age assessments in the criminal courts

  • Timothy Hunte and Shazad Khan v The State [2015] UKPC 33; [2015] 7 WLUK 582; 40 B.H.R.C. 633; Times, July 23, 2015 – landmark case in relation to the Privy Council’s jurisdiction to commute a mandatory sentence of death in Trinidad and Tobago

  • Celinski and Others [2015] EWHC 1274 (Admin); [2016] 1 W.L.R. 551; [2016] 3 All E.R. 71; [2015] 5 WLUK 109; [2015] A.C.D. 125 – now the leading case in relation to the scope of Article 8 ECHR in extradition appeals

  • Bloch v. Governor of Wandsworth Prison [2015] EWHC 303 (Admin); [2015] 1 WLUK 324 – application for a writ of habeas corpus in relation to the NCA’s failure to remove the applicant pursuant to an extradition order.

Extradition

Kate regularly represents requested persons at first instance and in appeals before the High Court under Part 1 and Part 2 of the Extradition Act 2003. Recent instructions include an American extradition request of ‘hacker’ Nathan Wyatt, who was previously arrested in the UK in relation to hacking the iCloud account of Pippa Middleton (for coverage see here.) 

Kate has acted in a number of significant cases, including Brown & others v Government of Rwanda [2017] EWHC 1912 (Admin) where she represented one of five men whose extradition was sought by the Government of Rwanda in relation to the 1994 genocide. Kate also acted for the lead appellant in Celinski and Others [2015] EWHC 1274 (Admin), now the leading case in relation to the High Court’s appellate review of Article 8 determinations.  

Other cases include:

  • Germany v Parkes [2021] EWHC 1655 (Admin)

  • Curi v Czech Republic [2021] EWHC 867 (Admin) 

  • Wyatt v United States [2019] EWHC 2978 (Admin)

  • Szatkowski v Poland [2019] EWHC 883 (Admin)  

  • Amadu Ture v. Portugal [2017] EWHC 1613 (Admin)

  • Jerzy Borkowski [2014] EWHC 3583 (Admin) 

  • Nowak v Poland [2014] EWHC 3466 (Admin)

Crime

Kate's recent instructions include matters of fraud, terrorism and gross negligence manslaughter. Kate also acts in criminal appeals before the Privy Council, and is currently acting for an Amicus Curiae in a death penalty case before the African Commission. Notable trials and appeals include:

  • R v YO (ongoing) – led junior acting for a defendant in an alleged fraud concerning a Libyan Sovereign Wealth fund under the Ghaddafi regime.

  • R v SG (2021) – junior alone acting for a former IFA accused of fraud by abuse of position over an 18-year period

  • R v DJ (2021) – junior alone acting for a defendant accused of attempted murder

  • R v Cutter (2020) – led junior for a female defendant in an allegation of membership of proscribed organisation, National Action.

  • R v Adrian Hoare (2019) - led junior for female accused of gross negligence manslaughter. The defendant had placed her three-year old child in the footwell of a car, who was subsequently crushed to death beneath the front passenger seat.

  • R v Hamasalih (2017)– led junior in the first contested ISIS membership trial at the CCC. The case involved expert evidence relating to the political and religious backdrop of Iraqi Kurdistan and the operations of the Peshmerga in northern Iraq.

  • R v JC (2018) – led junior representing a teenage boy in a s.5 allegation and related charges under the Explosives Act 1985.   

  • R v X (2017)– junior alone representing a woman accused of downloading Al-Qaeda publications.

  • R v ZS (2018) – junior alone representing a Kurdish national accused of disseminating terrorist publications.  

  • R v Choudary (2016) - Criminal trial of controversial Islamic preacher which attracted worldwide press coverage. The trial was the first major test case under s.12 of the Terrorism Act 2000 in relation to religious ‘support’ for the caliphate declared by ISIS.

  • R v Alamgir and others (2016) - Parallel s.12 prosecution to that of Choudary and based on the covert infiltration of a ‘cell’ of Al-Muhajiroun in Luton.   

  • R v Thorne and others [2016] - led junior in gross negligence manslaughter trial at the Central Criminal Court. The case involved the use of restraint by SIA approved door supervisors.

  • The Queen v Timothy Hunte and Shazad Khan [2015] UKPC 33; Times, July 23, 2015 – appeals against conviction and mandatory sentence of death upheld by Court of Appeal in Trinidad for offence of murder in 2003. Issues included whether the Privy Council should reopen its previous ruling in Ramdeen v The Queen [2014] UKPC 7 regarding the power to substitute a sentence of death for one of life imprisonment on constitutional grounds.

  • R v Onur Simsek [2015] EWCA Crim 1268 - appeal in relation to the transitional provisions pertaining to Criminal Behaviour Orders

  • R v Kelvin Merritt [2014] EWCA Crim 2384 – successful appeal against combined sentence of £5000 costs and 21 months' imprisonment for possession of indecent images. Court of Appeal quashed the order for costs and substituted a sentence of 16 months' imprisonment, accepting that the appellant had exceptional mitigation.

  • R v Mohammed Ali [2014] EWCA Crim 2170 – successful appeal against the activation of a suspended sentence in full where the appellant was sectioned under the Mental Health Act during the operational period, and the sentencing judge had exceeded his sentencing powers. Sentence reduced from 17 to 12 months' imprisonment.

Inquiries and Inquests

Kate is regularly instructed to represent bereaved families in inquests. Kate has conducted Article 2 and jury inquests and is the author of 'Deaths in State Settings' for the 6th edition of Mason's Forensic Medicine for Lawyers (Bloomsbury Professional, published in February 2015). Recent and ongoing cases include:

  • Inquest touching the death of IL: case involves a neonatal death in hospital. Issues include fetal cardiology, the adequacy of the birthing plan and expert evidence pertaining to obstetrics and gynaecology.

  • Inquest touching the death of SL: complex case involving the death of a mentally ill man during his day release from hospital. Issues include capacity, the adequacy of inpatient and outpatient care, the decision to withdraw medication and the use of heroin as self-harm.

  • Inquest touching the death of AC: Article 2 jury inquest concerning the adequacy of the medical response to an inpatient at a psychiatric unit. Particular issues included the method of life support delivered at the scene. Following a two day hearing, the jury returned a verdict of death by natural causes. The Coroner made a Preventing Future Death Report in respect of staff training in CPR and basic life support. 

Administrative and Public Law

Kate is regularly instructed to advise in cross-disciplinary work, including civil aspects of UK terrorism legislation and orders under the Terrorism Prevention and Investigation Measures Act: Secretary of State for Home Department v. LF [2017] EWHC 2685 (Admin).

She is also an experienced public lawyer in cases before the High Court which involve criminal justice issues – in particular, cases which involve criminal procedure and children’s rights:

  • (R (on application of DPP) v Woolwich Crown Court [2021] 1 W.L.R. 938)

  • R (on application of M) v. Hammersmith Youth Court [2017] EWHC 1359 (Admin)

  • R (on application of Charles v. Criminal Cases Review Commission) [2017] EWHC 1219 (Admin);

Kate is currently advising a number of individuals and organisations in public law challenges, spanning migrants’ rights, prisoners’ rights, Article 2 breaches, and police/CPS charging decisions.

Kate was part of the legal team acting for Just for Kids Law in strategic litigation regarding the use of overnight police detention for 17-year-olds (‘Still a Child at 17’). Following months of pre-action correspondence and a nationwide campaign in which the Claimant challenged the compatibility of s.38 of the Police and Criminal Evidence Act 1984 with the United Nations Convention on the Rights of the Child, the Government agreed to amend the provisions of PACE to afford 17 year olds the same protections as 16 year olds in overnight police detention: (Read More).