Nutan Fatania

Barrister

Introduction

Nutan joined chambers as a third six pupil and became a Member of Chambers on 3 February 2020.  She predominantly specialises in crime and has conducted cases in the Crown Court involving firearms, violence, controlled drugs, sexual offences and offences of dishonesty. She has prosecuted and defended in Crown Court trials and also taken conduct of a full range of hearings in the Magistrates' and Youth Court.

She is currently instructed by the London Fire Brigade as junior counsel assisting with a review of the evidence for Phase 2 of the Grenfell Tower Inquiry.

Background and expertise

Nutan completed her pupillage with the Crown Prosecution Service (‘CPS’) and continues to build a strong prosecution practice. She is a CPS Panel Advocate at Level 2. She was instructed by the CPS Homicide Team in September 2019 as noting junior counsel in a murder trial at the Old Bailey. She assisted leading counsel with legal research, evidence analysis and the sentencing note.

Nutan's training and varied experience has enabled her to become a robust and thorough advocate. Her ability to build a rapport with a variety of people has assisted her in building a criminal defence practice. Nutan has completed the vulnerable witness training. She has represented vulnerable adult and youth defendants and has experience of cross-examining young witnesses that have required intermediaries and a ground rules hearing.

Prior to pupillage, Nutan was a Legal Assistant in the Regulatory department at Kingsley Napley Solicitors investigating fitness to practise matters for the Health and Care Professions Council. Nutan was also a Civil Litigation Paralegal at Hickman and Rose Solicitors where she assisted in actions against the police, judicial reviews and inquests (acting for the bereaved families), namely that of Darren Neville who died a few months after being restrained by the police as well as the In Amenas Inquest which investigated the deaths that occurred during the terrorist attack on a BP gas plant in Algeria.

Notable Cases

R v B, 2019

Successfully opposed a hearsay application resulting in the Crown offering no evidence on a count of threatening with a bladed article. Following significant mitigation being put forward, the Defendant was sentenced to a low level community order after pleading guilty to the second count of possession of a bladed article. St Albans Crown Court

R v B, 2019

Secured an acquittal on appeal regarding a charge of sexual assault. The two day hearing involved successfully cross-examining four prosecution witnesses and adducing evidence from the Appellant and a witness for the Appellant. Guildford Crown Court

R v E, 2019

Prosecuted one count of possession of a bladed article at trial and secured the conviction. Woolwich Crown Court

R v B, 2019

The Defendant faced two charges of possession with intent to supply Class B where he had been found in possession of weighing scales, a substantial amount of cannabis and written lists which the Crown stated was evidence of a supply operation. I adduced sufficient evidence from the Defendant in support of his defence that the cannabis was only for personal use and he was subsequently acquitted of both charges. King’s Lynn Magistrates’ Court

R v P, 2019

Represented a Defendant who pleaded guilty to possession of an imitation firearm with intent to cause fear of violence and was facing a minimum custodial sentence of 5 years. Successfully argued that there were exceptional reasons for not imposing the minimum term and that the Defendant was suitable for a suspended sentence order (‘SSO’). The Defendant breached the SSO weeks later by committing further offences. Nutan successfully argued that it was unjust to activate the SSO and the order was allowed to continue. Lewes Crown Court

R v B, 2019

Represented the Defendant at trial for a count of possession of articles for use in a fraud. Following conviction, successfully argued for a suspended sentence order. Croydon Crown Court

R v S, 2019

Successful written submissions made to the Crown under s76 PACE 1984 to exclude the 'confession' the Defendant made in his police interview regarding assaulting his ex-partner. Subsequently secured an acquittal at trial. Stratford Magistrates' Court

R v E, 2018

Represented a Defendant who had pleaded guilty to committing actual bodily harm within a domestic context, dangerous driving, possession of Class A and B drugs, drink driving and a breach of a suspended sentence order (‘SSO’). Successfully argued that it was unjust to activate the SSO and that it was appropriate to impose SSOs for the remaining matters. Basildon Crown Court

R v M, 2018

Secured an acquittal in the youth court for a 17 year old charged with inflicting grievous bodily harm. Successfully cross-examined the prosecution witness on his inconsistent account of how the Defendant had assaulted him resulting in a fractured foot. Romford Youth Court

R v S, 2018

Secured an acquittal for a dwelling burglary charge. Whilst the defendant accepted entering the premises and taking items, Nutan successfully argued that the legal elements of the offence had not been made out. Highbury Corner Magistrates' Court

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PROFILE: Nutan Fatania

Year called

2013

Specialisms

Crime

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Crime

Disciplinary

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Inquests / public inquiries

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Regulatory / Disciplinary

Road Traffic

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Road traffic

Contact

020 7489 2727

Education

Kaplan Law School, BPTC, 2013

King's College London, Law LLB (Hons), 2011

Memberships

Lincoln's Inn

Criminal Bar Association

Young Legal Aid Lawyers Association

Appointments

CPS Panel (Grade 2)

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