Barrister (Door Tenant) | Called 2005
Called in 2005, Kirsty spent a number of years within the CPS prosecuting some of the most serious and complex cases. She left in 2022 following a fee paid appointment to the Bench and after a period working for HM Attorney General and HM Solicitor General is now available for instruction to both defend and prosecute at the Crown Court or Court of Appeal.
She sits as a Deputy District Judge Magistrates’ Courts and as a Deputy District Judge in the civil and family jurisdiction.
- 2:1 Law LLB Dunelm (Durham University)
- Bar Vocational Course Inns of Court School of Law – Very Competent
Whilst a reviewing lawyer at the CPS on the Complex Casework Unit, she provided high quality and strategic advice both pre-charge and post charge in the highest profile/sensitive cases and dealt with complex disclosure including PII material, RIPA, intercept material and third-party disclosure in serious / sensitive cases (involving applications to the family court for the use of that material). She has advised on murder, manslaughter, gross negligence manslaughter, willful neglect of an adult lacking capacity, multi-handed and multi-kilo drug conspiracies, cash for crash conspiracies, explosives, assaults, rape and serious sexual assault.
She has experience of drafting both applications to the DPP and AG for consent (‘double jeopardy’; ‘Year and a Day’; and naming of rape victims on social media) and of reviewing and drafting Serious Crime Prevention Orders, International Letters of Request/European Investigation Orders and European Arrest Warrants. She has worked closely with the police Major Crime, Serious Organised Crime, and Regional Organised Crime Units.
She has experience of both contested and non-contested advocacy in the Crown Court and Court of Appeal both as junior counsel and being a led junior. Cases include, murder/ manslaughter year and a day case, attempted murder, possession with intent to supply, fraud, sexual assault, wearing a political uniform.
Kirsty has particular skill and experience in dealing with vulnerable witnesses, such as those with mental health issues, and witnesses in the most sensitive cases often requiring the use of intermediaries. She has completed specialist vulnerable witness handling and rape and serious sexual offences courses.
Whilst working at the Attorney General’s Office, Kirsty led on s.42 Senior Courts Act 1981 orders (vexatious litigants); advised on unduly lenient sentences, consents to prosecute and disclosure policy. Delivering the highest quality legal advice directly to the DPP and AG on novel, complex and high-profile cases and areas of law, including sensitive media interest cases.
She sits as a Deputy District Judge in the Magistrates’ Court.
- R v E 2022 EWCA Crim 1751: advised Solicitor General to refer non recent child cruelty and ABH sentence as unduly lenient. Complicated by Goodyear indication which did not follow procedure. Sentence increased to 4 years’ imprisonment from a 24 month suspended sentence.
- R v SK 2022 EWCA Crim 1421: advised the Attorney General to refer a murder and s.18 wounding by a 16-year-old youth to the Court of Appeal as an unduly lenient sentence. The minimum term was increased by 3 years.
- R v E and D St Albans Crown Court: Led junior on a murder/ manslaughter year and a day trial. There were complicated issues of causation (joint enterprise, novus actus interveniens, autrefois acquit, abuse of process; expert medical evidence), drafted a persuasive and ultimately successful application for AG’s consent to prosecute both defendants. Defeated application to dismiss and abuse of process argument. Defendants convicted.
- R v P Oxford Crown Court: Possession with intent to supply class A drugs. Witness arrested on warrant; disclosed he had been threatened not to attend. Drafted hearsay application which the Judge provisionally indicated was highly likely to be successful. It was persuasive enough to result in D pleading guilty at that stage in the trial.
- R v A Oxford Crown Court: Led junior on attempted murder trial. Vulnerable victim, special measures. D was convicted and sentenced to life imprisonment.
- R v B Reading Crown Court: High Court Judge Mr Justice Nicol presiding. 6 counts contrary to Juries Act 1974 for ‘googling’ defendants during high profile multi-handed series of trials. Successfully argued for reporting restrictions under Contempt of Court Act with press opposing.
- R v Jarrata Court of Appeal: successfully argued for the Respondent at the Court of Appeal, in respect of Judge’s decision to use section 385 SA 2020 to change sentence from suspended to immediate when informed that A had been arrested on several occasions prior to sentence.
- R v Fransen St Albans Magistrates’ Court: instructed advocate in CCU prosecution of ‘Britain First’s’ deputy leader for racially aggravated public order/wearing a political uniform. Convicted after trial.
- R v C Reading Youth Court: Instructed advocate in a sexual assault case on vulnerable victim with special educational needs who had previously made false allegations. One word against another. Successfully convicted after trial.
- R v M and P: Arranged and obtained depositions for key witness in murder case. Defendant’s successfully prosecuted on the deposition evidence.
Chief Constable Commendations Thames Valley Police for:
- R v Wadley & Others a covert investigation into an international multi-handed drugs conspiracy (also received Judges Commendation);
- R v Hammond, a multi-handed sex case with a particularly vulnerable victim;
- R v Field, murder for gain.
Criminal Bar Association
South Eastern Circuit
Women in Criminal Law