Emma Heath

Barrister

Introduction

Emma joined chambers as a third six pupil, becoming a Member of Chambers on 4 November 2019.

Background and Expertise

Before commencing pupillage, Emma worked for the Crown Prosecution Service and Serious Fraud Office where she was involved in a number of high profile cases. After successful completion of her BPTC at the University of Law, Emma worked for Sonn Macmillan Walker as a paralegal where she gained valuable experience of preparing and running criminal cases.  Emma has a strong grounding in all aspects of criminal work, which greatly assists instructing solicitors who have described her as "hardworking, tenacious, knowledgeable and meticulous.”

Emma has a busy Magistrates' Court and Crown Court practice (both prosecuting and defending) and was recently instructed as junior counsel to Queen’s Counsel, where her client was acquitted of 14 counts of sexual assault, including by penetration, in relation to four complainants. The allegations were over 20 years old.

Emma has experience of dealing with vulnerable youth defendants and witnesses in the course of her Youth Court and Crown Court practice and is regularly instructed to represent clients who are dealing with mental health disorders and complex needs.

In support of her dedication to youth work, Emma has recently been asked to join the Youth Practioners Association (YPA) as a committee member representing the junior criminal Bar. The YPA was formed in June of 2019 and  aims to encourage and maintain the highest standards of advocacy and practice from the police station representatives, solicitors, barristers, member of the judiciary, and Youth Offending Teams.

Notable cases

R v A (2019)

Emma represented a youth client, who,  having been remanded to the Crown Court on unrelated matters faced a Detention and Training Order (DTO)  being passed by way of a  sentence in the Youth Court for lesser offences. The starting point for the court was that only a DTO would be available by way of sentence for the lesser offences given his circumstances of being remanded.  After several weeks of engagement between those instructing and the Southwark Youth Offending Service (YOS) and following detailed submissions in court,  the District Judge was persuaded to allow a Youth Rehabilitation Order (YRO) to be undertaken within the custodial environment as it was conceded that were it not for the Defendant's circumstances, the lesser offences would not have attracted a DTO.   The District Judge observed in her sentencing remarks that this was the first case of its kind where such a course had been taken and that it would be looked on with interest regarding its success. Emma was instructed by Leah Connolly of Sonn Macmillan Walker.

R v K, 2019

After a three day trial before the Croydon Crown Court, Emma successfully secured the acquittal on two counts of Assault against an Emergency Worker, an offence which came into force in November 2018. The allegation concerned assault by beating on two police officers, which the Crown alleged was captured on body worn video footage. The jury unanimously acquitted the defendant after 50 minutes in retirement. Emma was instructed by Leah Connolly of Ewing's Solicitors

R v G, 2019

Instructed as junior counsel, defending a Lubavitch Rabbi on 14 counts of serious indecent assault against 4 boys in the 1990s. The prosecution was part of Greater Manchester Police’s extensive investigation into allegations of sexual abuse within the Orthodox Jewish  Community in Manchester.

The case took 3 years to come to court with three previous trial listings vacated,  with both leading and junior counsel involved in all three trials and wasted costs order made against the CPS and GMP for disclosure failings.

Following a three week trial, the jury took a day and a half to acquit the defendant of all 14 counts alleged by the complaints. Emma was instructed by David Sonn of Sonn Macmillan Walker.

See the full article here  https://www.thejc.com/news/uk-news/daniel-golomb-chabad-manchester-not-guilty-acquitted-trial-1.481063

R v KM, 2019

Emma represented a 19 year old client who came before Kingston Crown Court for sentence of his third Possession with Intent to Supply (PWITS)  Class A drugs offence, having pleaded guilty to two previous PWITS, Class A offences. The Crown initally argued that the defendant fell to be sentenced to a minimum mandatory sentence of 7 years imprisonment. At the sentencing hearing, Emma persuaded the CPS and the Court that the provisions  of s.110 PCC(S)A 2000 did not apply and secured a sentence of 30 months imprisonment for the two drug charges. The court was “ grateful to Ms Heath for her detailed sentencing note and her pragmatic and helpful oral submissions, both of which assisted the court in the sentencing exercise. Kingston Crown Court.

R v K, 2019

Emma successfully defended an individual who was accused of assaulting a police officer whilst being detained for the purposes of a strip search. The case was thrown out after successful legal argument that the grounds for the strip search were unlawful and the officers were not acting in the execution of their duty. The Crown continued to trial on the second charge of drunk and disorderly in a public place which, after a successful half time submission, was thrown out by the District Judge. The matter has since been referred to the Independent Police Complaints Commission. (IPCC)

J v Department for Work & Pensions, 2019

Emma represented an Appellant who appealed against a decision of the DWP in relation to benefit overpayment that was alleged to have taken place over a period of 10 years. The overall benefit figure was reduced by 25% following successful representations that the Appellant had properly notified the relevant department of a change in circumstances and therefore the benefit figure was not recoverable.

R v S, 2018

Instructed as defence counsel in a matter involving alleged domestic violence. Following extensive arguments about disclosure,  which involved two court hearings and a separate section 8 hearing before a District Judge, the Crown offered no evidence against the Defendant.

R v KM, 2018

Following a committal to the Crown Court for breach of a Suspended Sentence Order (SSO),  Emma successfully argued that activation of the 18-year-olds SSO was unjust in all of the circumstances, despite the breach matter being committed only a matter of weeks after the imposition of the original SSO.

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PROFILE: Emma Heath

Year called

2016

Specialisms

Crime

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Crime

Road Traffic

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Road traffic

Education

Bar Professional Training Course, University of Law – (2016) (Very Competent)

Honourable Society of Middle Temple, Joseph Jackson Scholar (2016)

Inns of Court Advocacy Training

Middle Temple Inn (Very Competent) (2017)

University of Kent. LLB (Hons) Law (2:1) (2015)

Memberships

Honourable Society of Middle Temple

Middle Temple Young Barristers’ Assocation

Assocation of Women Barristers

Criminal Bar Association

South Eastern Circuit

Young Legal Aid Lawyers Assocation

Youth Practitioners' Association

Appointments

CPS Panel (Grade 1)

The Inns of Court, Advocacy and the Vulnerable Course

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