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Fiona Barton KC is recognised as a leading silk, specialising in all aspects of police law, and is rated as “one of the finest police law barristers in the country” (Chambers UK).
She has represented most of the 43 police forces in England and Wales and appears regularly in high profile, sensitive and ground-breaking cases up to Supreme Court level.
Fiona’s practice encompasses judicial review proceedings, civil claims, misconduct proceedings and advisory work. She also appears in high profile public inquiries and inquests. Fiona is adept at handling complex and sensitive cases and has an in-depth understanding of the impact of legal principles on practical policing. According to her clients she has “gravitas and commands confidence” and is commended for having “a fantastic approach to sensitive cases which require sympathy and empathy but a robust defence” and an “innate sense of the right solutions to issues raised by new emerging principles” (Chambers UK).
Current and recent examples of her high profile work include:
Fiona was Head of Chambers 2010-2017.
Fiona is one of the country’s leading KCs specialising in police law.
She represents the police in public inquiries, inquests, judicial reviews and civil jury actions. Fiona advises on all aspects of police powers including both policy and operational issues. She is regularly instructed to represent Appropriate Authorities in police misconduct proceedings. Details of cases in the respective disciplines are set out below.
Fiona has particular expertise in dealing with high profile or highly sensitive cases involving substantial quantities of documents and public interest immunity issues.
Fiona has almost 30 years’ experience in civil actions involving the police including CHIS and witness protection claims and issues arising in the family courts.
[2017] Coghlan v Chief Constable of Greater Manchester Police and others
Acted for the Chief Constable of Greater Manchester in the civil claim arising out of the arrest of Arran Coghlan on suspicion of murder of Stephen Akinyemi.
[2017] Chatwani v NCA
Acted for the NCA in this high value civil claim arising out of the execution of warrants.
[2017] Bourne v Taylor
Acted for the PCC of Sussex in proceedings brought by her in the High Court pursuant to the Protection from Harassment Act 1997
[2016] Boyd v Chief Constable of Cleveland
Acted for the Chief Constable of Cleveland in a sensitive civil claim arising from disclosure issues in a bad on bad kidnap trial.
[2016] Child X v Chief Constable of Sussex
Acting for the Chief Constable in a civil claim for damages arising out of a high profile case involving multiple arrests of a child suffering from a genetic condition causing behavioural issues.
[2016] McGoldrick and Turnbull v Chief Constable of Northumbria Police
Acting for the Chief Constable regarding the civil claims arising from a high profile shooting by Michael Atherton on New Year’s Day 2012.
[2015] Powell v Chief Constable of West Midlands
Acted for the Chief Constable of West Midlands defending the claim brought by the family of ‘Mikey Powell’ following his death in police custody. The death led to racial tensions and high profile public campaign for justice.
“She’s a brilliant inquests and inquiries practitioner.” (Inquests & Public Inquiries) – Chambers UK 2022
“Exceptional in all respects.” (Inquests and Inquiries) – Legal 500 2022
“She is really brilliant: she can get to grips with the central issues quickly… Her drafting and attention to detail is really excellent and clients adore her.” (Inquests and Inquiries) – Chambers UK 2021
Over the last 15 years Fiona has appeared in some of the most high profile public inquiries involving the police service.
The Manchester Arena Inquiry
Acting for Greater Manchester Police
The Undercover Policing Inquiry
Acting for individual anonymized officers
The Grainger Inquiry
Acting for the NCA in the public inquiry into the shooting of Anthony Grainger by GMP officers
The Independent Inquiry into Child Sexual Abuse
Acting for Surrey Police in the investigation into alleged abuse by members of the Anglican Church.
The Billy Wright Inquiry
Represented the former Chief Constable of the RUC regarding the murder of Billy Wright in HMP Maze.
The Bichard Inquiry
Represented the Chief Constable of Humberside during the public inquiry into the Soham Murders of Holly Wells and Jessica Chapman.
Fiona appears in complex, high profile inquests in both police and regulatory contexts.
In the policing context, she has extensive experience in inquests involving operational policing issues including witness protection, covert human intelligence sources, intelligence and firearms issues.
[2020] The Fishmongers Hall Terror Attack Inquests
Acting for City of London Police
[2019] The Manchester Arena Inquests
Acting for Greater Manchester Police
[2019] The London Bridge Terror Attack Inquests
Acting for the City of London Police
[2017] The Perepilichnyy Inquest
Acting for Surrey Police in the inquests concerning the death of a Russian in circumstances alleged to give rise to suspicion that he had been poisoned by the Russian authorities.
[2017] Akinyemi Inquest
Acting for Greater Manchester Police in the inquest concerning the death of Mr Akinyemi at the hands of Arran Coghlan.
[2013] – [2016] Hillsborough Inquests
Leading Matthew Holdcroft acting for South Yorkshire Police in the inquests into the deaths of 96 Liverpool fans at the Hillsborough Stadium in 1989.
[2013] Saldanha
Acting for the King Edward VII Hospital in the inquest into the death of the nurse who was victim of a prank call from an Australian radio station concerning the Duchess of Cambridge.
[2013] Atherton and Mc Goldrick Inquests
Acting for Northumbria Police in the inquests into the high profile deaths of several members of the same family arising from a shooting on New Year’s Day. The inquest involved consideration of firearms licensing issues from a police perspective.
[2011] Cumbria Shootings Inquests
Acted for the Cumbria Police in the inquests into the deaths of Derrick Bird and his many victims. It involved close examination of the police preparedness and response to a rampaging gunman.
Fiona regularly appears in high profile public law cases, including at Supreme Court level.
[2020] R (Bridges) v The Chief Constable of South Wales & others
Acting for the Police and Crime Commissioner of South Wales Police in the Court of Appeal in an appeal concerning the use of automatic facial recognition technology
[2020] R (Short & others) v The Police Misconduct Tribunal and others
Acting for the IOPC in this case concerning whether the fact the tribunal have read allegedly inadmissible or prejudicial material gives rise to apparent bias and a requirement to recuse.
[2018] Re Beale
Acted for the Chief Constable of West Midlands Police in the expedited judicial review (including injunctive proceedings) concerning apparent bias in misconduct proceedings involving ACC Beale.
[2017]
Acted for the Chief Constable of Greater Manchester Police in the judicial review concerning determinations made by the IPCC re disclosure issues arising out of the investigation into involvement of Arran Coghlan in the death of Stephen Akinyemi.
[2016]
Acted for the Chief Constable of Nottinghamshire Police in a proposed judicial review by Nottingham City Council of the decision to change the policing delivery model.
[2014] Nunn (Supreme Court) [2014] UKSC 37
Acting for Suffolk Constabulary in a test case concerning the disclosure obligations of the police post-conviction and appeal.
[2013] A v B Constabulary
Acting for B Constabulary in the Administrative Court in the leading case concerning the vetting of police contractors and their entitlement to reasons for rejection and the impact of public interest immunity considerations.
[2012] Icelandic Bank Collapse (Tchenguiz)
Acting for the City of London Police in a judicial review arising out of the arrest and bail of Robert Tchenguiz in connection with his dealings with the collapsed bank.
Fiona has almost 30 years’ experience in civil actions involving the police including CHIS and witness protection claims and issues arising in the family courts.
Fiona has extensive experience of civil claims arising from regulatory investigations including Ofgem, Ofcom and Trading Standards.
[2020] BES Commercial Energy v Chester West and Chester Trading Standards
Acting for Trading Standards in a high value civil claim arising from regulatory investigations into a commercial energy company involving Ofgem and Ofcom.
[2018] Swinton Lock Investigation
Representing the report authors in connection with the Maxwellisation process and threatened civil claims arising out of the alleged misuse of personal information by a registered charity.
[2017] Miller v Oldham Metroplitan Borough Council
Representing the Council in a civil claim arising from a regulatory investigation into the activities of a fraudulently operated kitchen company.
[2016] Rotherham Taxi Licensing Investigation
Representing the independent investigators in connection with proposed civil claims arising from the report into failures of the licensing process leading to sexual abuse of minors
[2020] BES Commercial Energy v Chester West and Chester Trading Standards
Multi million pound civil claim arising out of regulatory investigations into a commercial energy company involving applications for and execution of search warrants by Lancashire Constabulary and allegations of misfeasance and breach of Art. 8 and A1P1 by trading standards officers.
[2019] Young v Chief Constable of Warwickshire &others
Acting for the Chief Constable in a claim arising out of a complex murder investigation and prosecution which failed following disclosure issues arising in the course of the criminal trial.
[2017] Coghlan v Chief Constable of Greater Manchester Police and others
Acted for the Chief Constable of Greater Manchester in the civil claim arising out of the arrest of Arran Coghlan on suspicion of murder of Stephen Akinyemi.
[2017] Chatwani v NCA
Acted for the NCA in this high value civil claim arising out of the execution of warrants
[2017] Bourne v Taylor
Acted for the PCC of Sussex in proceedings brought by her in the High Court pursuant to the Protection from Harassment Act 1997
[2016] Boyd v Chief Constable of Cleveland
Acted for the Chief Constable of Cleveland in a sensitive civil claim arising from disclosure issues in a bad on bad kidnap trial.
[2016] Child X v Chief Constable of Sussex
Acted for the Chief Constable in a civil claim for damages arising out of a high profile case involving multiple arrests of a child suffering from a genetic condition causing behavioural issues.
[2016] McGoldrick and Turnbull v Chief Constable of Northumbria Police
Acted for the Chief Constable regarding the civil claims arising from a high profile shooting by Michael Atherton on New Year’s Day 2012.
[2015] Powell v Chief Constable of West Midlands
Acted for the Chief Constable of West Midlands defending the claim brought by the family of ‘Mikey Powell’ following his death in police custody. The death led to racial tensions and high profile public campaign for justice.
Fiona has extensive experience in regulatory proceedings in various fields including the IPT, police misconduct, Ofgem, Ofcom and Trading Standards investigations. She is well aware of the need for a more nuanced inquisitorial approach to such proceedings.
She has almost unrivalled experience in the police misconduct arena having over 30 years’ experience in this field. Her practice encompasses the most high profile cases of recent years including:
[2020] Misconduct proceedings arising from the death of Leon Briggs – Acted for IOPC in multi-handed misconduct proceedings against officers involved in the death in custody of Leon Briggs. Linked Judicial Review (Short & others).
[2018] Misconduct proceedings arising from the death of Kingsley Burrell – Presented, multi-handed misconduct proceedings against officers involved in the restraint of Mr Burrell in a mental health unit.
[2018] ACC Beale – Presenting the fast track misconduct proceedings arising from the conviction of a Chief Officer under the Official Secrets Act for loss of sensitive papers.
[2017] ACC Sutcliffe – Presenting the misconduct proceedings against a Chief Officer arising from her conduct towards a colleague at a professional event.
[2014]-[2016] Operation Kalmia – The misconduct investigation into the activities of a number of Chief Officers in connection with their handling of a criminal prosecution involving a CHIS.
In other regulatory contexts, Fiona has appeared for various organisations in many forums, recent examples include:
[2018] Chatwani v NCA – Representing the NCA in Investigatory Powers Tribunal regulatory proceedings arising from a criminal investigation.
[2018] BES Commercial Energy v Chester West and Chester Trading Standards – Acting for Trading Standards in a high value civil claim arising from regulatory investigations into a commercial energy company involving Ofgem and Ofcom.
[2018] Swinton Lock Investigation – Representing the report authors in connection with the Maxwellisation process and threatened civil claims arising out of the alleged misuse of personal information by a registered charity.
[2017] Miller v Oldham Metroplitan Borough Council – Representing the Council in a civil claim arising from a regulatory investigation into the activities of a fraudulently operated kitchen company.
[2016] Rotherham Taxi Licensing Investigation – Representing the independent investigators in connection with proposed civil claims arising from the report into failures of the licensing process leading to sexual abuse of minors.
[2020] Misconduct proceedings arising from the death of Leon Briggs
Acted for IOPC in multi-handed misconduct proceedings against officers involved in the death in custody of Leon Briggs. Linked Judicial Review (Short & others).
[2018] Misconduct proceedings arising from the death of Kingsley Burrell
Presented, multi-handed misconduct proceedings against officers involved in the restraint of Mr Burrell in a mental health unit.
[2018] ACC Beale
Presenting the fast track misconduct proceedings arising from the conviction of a Chief Officer under the Official Secrets Act for loss of sensitive papers.
[2017] ACC Sutcliffe
Presenting the misconduct proceedings against a Chief Officer arising from her conduct towards a colleague at a professional event.
[2014]-[2016] Operation Kalmia
The misconduct investigation into the activities of a number of Chief Officers in connection with their handling of a criminal prosecution involving a CHIS.
Fiona’s depth of knowledge in this field is illustrated by the fact that she has appeared in leading cases on the topic to Supreme Court level. She has a thorough understanding of how the law works in practice.
Supreme Court
Nunn (Supreme Court) [2014] UKSC 37 – Acting for Suffolk Constabulary in a test case concerning the handling of information in the context of disclosure obligations of the police post-conviction and appeal.
L v Commissioner of Police of the Metropolis (Supreme Court) [2009] UKSC 3 – A test case on behalf of the Commissioner concerning personal information in the context of disclosure within the teaching profession.
[2020] R (Bridges) v The Chief Constable of South Wales & others
Acting for the Police and Crime Commissioner of South Wales Police in the Court of Appeal in an appeal concerning the use of automatic facial recognition technology
[2019] BES Commercial Energy v Chester West and Chester Trading Standards
Acting for Trading Standards in a high value civil claim arising from regulatory investigations into a commercial energy company involving Ofgem and Ofcom. The claim involves allegations of Art 8 and A1P1 breaches
[2018] Swinton Lock Investigation
Representing the report authors in connection with the Maxwellisation process and threatened civil claims arising out of the alleged misuse of personal information by a registered charity helping victims of sexual abuse.
[2018] ACC Beale
Presenting the fast track misconduct proceedings arising from the conviction of a Chief Officer under the Official Secrets Act for loss of sensitive data.
[2016] Rotherham Taxi Licensing Investigation
Representing the independent investigators in connection with the compliation of a report into the failure of information management in the taxi licensing process leading to sexual abuse of minors.
[2014] MG1 v PF1
Information management issues in the context of art. 2, art. 8 and family proceedings, concerning a family in witness protection.
[2013] A v B Constabulary
Acting for B Constabulary in the Administrative Court in the leading case concerning the vetting of police contractors and their entitlement to reasons for rejection and the impact of public interest immunity considerations.
[2008] Madeleine McCann investigation
Acted for the Chief Constable of Leicestershire, ACPO and Crimestoppers in legal proceedings in the UK and Portugal in connection with information sharing both in the domestic and international context in respect of the Madeleine McCann investigation.
The rights enshrined in the Convention are a constant thread running through the entirety of Fiona’s practice. As she regularly represents parties to whom Convention obligations attach she is very familiar with all types of such claims up to Supreme Court level including the cases of L and Nunn.
[2020] R (Bridges) v The Chief Constable of South Wales & others
Acting for the Police and Crime Commissioner of South Wales Police in the Court of Appeal in an appeal concerning the use of automatic facial recognition technology
[2018] BES Commercial Energy v Chester West and Chester Trading Standards
Acting for Trading Standards in a high value civil claim arising from regulatory investigations into a commercial energy company involving Ofgem and Ofcom. The claim involves allegations of Art 8 and A1P1 breaches.
[2018] Swinton Lock Investigation
Representing the report authors in connection with the Maxwellisation process and threatened civil claims arising out of the alleged misuse of personal information by a registered charity helping victims of sexual abuse. Articles 3, 8 and 10 issues under consideration.
[2018] London Bridge Attack Inquests
Court considering anonymity and special measures applications in respect of firearms officers in the context of Artcles 2, 8 and 10.
[2018] Kingsley Burrell
Acting for West Midlands Police in connection with proceedings arising from a death in hospital following police contact and use of force. Article 2 and 3 under consideration.
[2017] – [2018] Grainger Inquiry
Ongoing public inquiry into the death of a suspected armed robber. Inquiry is considering.Public interest immunity issues enagaged the interaction of articles 8 and 10 and the force used involved consideration of articles 2 and 3..
[2016] Child X v Chief Constable of Sussex
Civil claim for damages arising out of a high profile case involving multiple arrests of a child upon whom a spit hood was used. Articles 3 and 5 in play..
[2014] MG1 v PF1
Information management issues in the context of art. 2, art. 8 and family proceedings, concerning a family in witness protection
[2013] Al Hilli Alps Murders
Family court proceedings concerning the arrangements for care of the All Hilli children following the murder of their parents. Articles 2 and 3 engaged.
Fiona is recognised as a leading silk and her practice encompasses judicial review proceedings, civil claims, professional misconduct proceedings and advisory work. She has appeared in many high profile inquests and regulatory proceedings relating to healthcare settings, with particular experience in mental health settings. Fiona is adept at handling complex and sensitive cases and has an in-depth understanding of the impact of legal principles. According to her clients she has “gravitas and commands confidence” and is commended for having “a fantastic approach to sensitive cases which require sympathy and empathy but a robust defence” and an “innate sense of the right solutions to issues raised by new emerging principles” (Chambers UK)
Inquests
Fiona appears in complex, high profile inquests Recent cases include:
[2020] Inquest arising from the death of Leon Briggs – taken into custody when suffering a mental health crisis
[2019] The London Bridge Terror Attack Inquests
[2018] Inquest arising from the death of Kingsley Burrell – restrained in a mental health facility
[2017] The Perepilichnyy Inquest – Acting for Surrey Police in the inquests concerning the death of a Russian in circumstances alleged to give rise to suspicion that he had been poisoned by the Russian authorities.
[2016] Akinyemi Inquest – Acting for Greater Manchester Police in the inquest concerning the death of Mr Akinyemi at the hands of Arran Coghlan.
[2013] – [2016] Hillsborough Inquests – Leading Matthew Holdcroft acting for South Yorkshire Police in the inquests into the deaths of 96 Liverpool fans at the Hillsborough Stadium in 1989.
[2013] Saldanha – Acting for the King Edward VII Hospital in the inquest into the death of the nurse who was victim of a prank call from an Australian radio station concerning the Duchess of Cambridge.
[2013] Atherton and Mc Goldrick Inquests – Acting for Northumbria Police in the inquests into the high profile deaths of several members of the same family arising from a shooting on New Year’s Day. The inquest involved consideration of firearms licensing issues from a police perspective.
[2011] Cumbria Shootings Inquests – Acted for the Cumbria Police in the inquests into the deaths of Derrick Bird and his many victims. It involved close examination of the police preparedness and response to a rampaging gunman.
Inquiries
Fiona has appeared in some of the most high profile public inquiries, including:
The Manchester Arena Inquiry – Acting for Greater Manchester Police
The Undercover Policing Inquiry – Acting for individual officers
The Grainger Inquiry – Acting for the NCA in the public inquiry into the shooting of Anthony Grainger by GMP officers
The Independent Inquiry into Child Sexual Abuse – Acting for Surrey Police in the investigation into alleged abuse by members of the Anglican Church.
The Billy Wright Inquiry – Represented the former Chief Constable of the RUC regarding the murder of Billy Wright in HMP Maze.
The Bichard Inquiry – Represented the Chief Constable of Humberside during the public inquiry into the Soham Murders of Holly Wells and Jessica Chapman.
Regulatory
Fiona has extensive experience in regulatory proceedings in various fields including the IPT, police misconduct, Ofgem, Ofcom and Trading Standards investigations. She is well aware of the need for a more nuanced inquisitorial approach to such proceedings.
Fiona is regularly instructed to represent core participants in the most high profile, complex and sensitive public inquiries. She is one of the country’s leading KCs, ranked in Band 1 / Tier 1 for Inquiries in the Chambers and Partners and Legal 500 directories.
She has specialised in public inquiries for over 20 years. High profile cases in which she has been instructed include:
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Instructing Fiona
Please contact Mark Waller if you have any questions or wish to instruct us.
Fiona provides CPD lectures to solicitors and officers on all aspects of her practice. She regularly speaks at the Association of Police Lawyers (APL) seminars and the Police Defence Lawyers Association conferences. over the last few years she has presented at the National Police Conference for SPOCs involved in the Undercover Policing inquiry; delivered a session on ‘Interoperability of the emergency services’ at the inaugural conference of the ‘Joint Emergency Services Interoperability Programme’; delivered training on the Gold incident Commanders Course, Bramshill; and delivered training together with Jason Beer KC and Jeremy Johnson KC at the Police Reform Symposia.
“Fiona is one of the finest police law barristers in the country. She has a brilliant legal mind and her advice is always compelling and accurate. Her advocacy is second to none.” (Police Law)
“She provides sophisticated and pragmatic advice.” (Police Law)
“Fiona is the most thorough barrister.” (Professional Discipline)
‘Fiona has experience, judgement, clarity of thought and a practical approach.’ (Police Law)
“Fiona is exceptional. Her knowledge is beyond many others and her advocacy is a pleasure to observe.”
“She is just a star. For police forces with really sensitive cases, she is the go-to barrister.”
“One of the longest-serving police silks, she is very sensible and pragmatic and has a huge amount of experience.” (Police Law)
“Extremely experienced.” (Professional Discipline)
“She’s a brilliant inquests and inquiries practitioner.” (Inquests & Public Inquiries)
“Top notch: very strategic and measured.” (Police Law)
“Exceptional in all respects.” (Inquests and Inquiries)
“A leader in the field of police work.” (Police Law – Defendant)
“She is a phenomenon: she has an amazing wealth of knowledge and is tenacious. She is an amazingly good advocate and is well liked by clients. One of the finest police law barristers in the country.” (Police Law)
“She is a very effective operator.” (Police Law)
“No-nonsense, matter-of-fact and very reliable.” (Professional Discipline)
“She is really brilliant: she can get to grips with the central issues quickly and is very knowledgeable about police forces and their reputational issues. Her drafting and attention to detail is really excellent and clients adore her.” (Inquests and Inquiries)
“Cool, calm and unflappable; she is exceptionally knowledgeable and an absolute leader in this field. My number 1 go-to for any complex and high-profile inquest.”
“A leader in the field of police work.”
“One of the finest police law barristers in the country. An experienced barrister whom we regularly instruct in high-profile and ground-breaking cases.” (Police Law)
“Simply unrivalled in terms of her expertise and capabilities in the field of police law. She has a calm and compelling manner which instantly wins over clients, advocates and judges alike. Fiona is unflappable, and an absolute pleasure to have beside you in the very most difficult and high-profile cases in this area.” (Police Law)
“Her technical knowledge is outstanding. I have never seen anybody else with her level of knowledge.” (Police Law)
“She showed really good judgement about how best to protect the client while not irritating the judge.” (Inquests and Public Inquiries)
“Very subtle in her advocacy. She doesn’t go hell for leather nor does she make excuses.” (Inquests and Public Inquiries)
“She has a great reputation in both inquest and police work and commands complete confidence.” (Inquests and Public Inquiries)
“First-class – superb with clients, superb in terms of her legal knowledge and superb in written and oral advocacy.” (Police Law)
“She is very easy to approach and is pragmatic, sensible and calm.” (Police Law)
“A solid, sensible, pragmatic and pleasant opponent.” (Inquests & Public Inquiries)
“She is great with clients and really knows her stuff.” (Professional Discipline)
‘Well regarded for inquests and inquiries with a police element.’ (Inquests and Inquiries)
‘Instructed by chief constables in challenging cases.’ (Police Law – Defendant)
“She is extremely hard-working and has a very analytical mind. Also, she is very good with clients and very up to date on the current case law. She just exudes confidence.” (Inquests and Inquiries)
“She knows the law inside-out and is the best choice for more technically complex issues. She has a fantastic approach to sensitive cases which require sympathy and empathy but a robust defence.” (Police Law)
“Very calm, reassuring and extremely knowledgeable. A go-to person.” (Professional Discipline)
“She’s excellent and does a lot of police discipline work.” (Professional Discipline)
“One of the finest police law barristers in the country”… “She displays great sensitivity and has a great client manner”. “She is incredibly experienced and pleasant to work with” and “her knowledge base is extensive – she has gravitas and commands confidence” “She brings an invaluable decisiveness to any case.” (Police Law)
“She is unflappable, well considered and gives thorough and thoughtful advice. You know you’re getting quality legal advice when she’s on your case.” (Police Law)
“She is one of the finest police law barristers in the country.” (Police Law)
“She is hugely knowledgeable and experienced.” (Professional Discipline)
“She has acute attention to detail, good knowledge of established coronial law and an innate sense of the right solutions to issues raised by new emerging principles.” (Inquests & Public Inquiries)
“She manages to effectively present the position for her clients, who are often the unpopular party in an inquest.” and “She is never fazed by difficult inquests and never lets her guard down.” (Inquests)
“Particularly noted for her experience in inquests concerning deaths in custody.” (Inquests)
“She is trusted with very sensitive cases and provides no-nonsense advice. Her understanding of the law in this area is phenomenal.” (Police Law)
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