Introduction

Emma is a criminal defence practitioner.  Her practice involves predominantly serious sexual offences, including historic offences, those alleged on family members and extremely young children, as well as offences involving the use of violence, and repeated allegations from a relationship.  Emma routinely cross-examines young or vulnerable witnesses, and conducts pre-recorded cross-examinations.  She has experience making applications to adduce previous sexual history where relevant and appropriate, and dealing with allegations made by multiple complainants.

Emma also represents defendants accused of homicide or serious violence, and large drugs and firearms conspiracies. 

Emma has experience representing clients with vulnerabilities and additional needs, as well as advancing issues such as insanity, fitness, and modern slavery.

Notable Cases

Crime

• R v Muhammed Gure [2023] Defended a man accused of causing death by dangerous driving.  Sentenced to 11 years’ imprisonment.    The news article can be found here: New Year's Day hit-and-run killer, 26, mowed down dad while drinking Champagne magnum in Zipcar - MyLondon
• R v BT [2023] Defended a man accused of causing a child under 13 to engage in sexual activity where the complainant was the niece of defendant’s partner. 
• R v JM  [2023] Defended a man accused of multiple counts of rape, assault, strangulation, controlling/coercive behaviour, theft and witness intimidation.  Complainant was a vulnerable adult with a learning age of 7 years old.  Mixed verdicts including acquittals on two strangulation counts, one rape count, controlling and coercive behaviour and theft.  Sentenced to 12 years’ imprisonment with an extended licence of 6 years for dangerousness.
• R v MH [2023] Defended a priest accused of historic buggery on two altar boys.  Successful submission of no case to answer in relation to all counts relating to one complainant.
• R v SJ [2023]  Defended a man accused of rape of child under the age of 13 in an alleyway after meeting in the street.  Acquitted.
• R v Marcus Straker  [2023] Defended a man accused of conspiring to supply 192kg of cocaine. 
• R v NM [2023] Defended a man accused of rape of his date in an alleyway.  Acquitted.
• R v William Brown [2023] Defended a man accused of conspiring to supply and import automatic firearms and multiple kilos of class A drugs.  The news article can be found here: https://www.mirror.co.uk/news/uk-news/scary-texts-shows-gang-bragging-30116043.amp
• R v Petroy Martin [2023] Defended a man accused of rape of one woman and sexual assault on another, after meeting women on a night out.  Acquitted of sexual assault.  Sentenced to 5 years and 6 months’ imprisonment for rape.  The news article can be found here: ‘Dangerous predator’ who raped woman in Southwark jailed - and may have more victims, police fear | Evening Standard
• R v Obare Okagbare [2023] Defended man accused of rape after meeting a woman on social media.  Sentenced to 8 years and 6 months’ imprisonment.  The news article can be found here: Man who raped woman at his Blackheath home after meeting on Instagram jailed | Evening Standard
• R v EL [2023]  Defended a man accused of attempted murder.  He was suffering from paranoid schizophrenia and was unfit to stand trial.  Hospital order imposed.
• R v Tomiwa Seriki [2022] Defended a man accused of running the drugs line for a county lines drug conspiracy trial.  Successfully ran the modern slavery defence despite his previous convictions for PWITS Class A.  The news article can be found here: https://www.swindonadvertiser.co.uk/news/19771110.three-men-charged-supplying-drugs-swindon-london-arrests/
• R v Vinny Balmer [2021] Defended a man accused of rape and voyeurism.  Mixed verdicts following majority direction.  Guilty verdicts on three counts of rape and voyeurism.  Mr Balmer had entered Guilty pleas to two counts of common assault ahead of the trial.  Acquitted of two counts of rape.  Sentenced to 14 years’ imprisonment.  The news article can be found here: https://www.chroniclelive.co.uk/news/north-east-news/jarrow-rapist-dragged-woman-down-20688982.amp
• R v David Gallon [2021] Defended a man accused of multiple counts of sexual offences against two child complainants, including rape and offences against a child under 13.  Mixed verdicts following a majority direction.  Guilty verdicts in relation to causing or inciting a child under 13 to engage in sexual activity, four counts of sexual activity with a child, and one count of rape.  The jury was unable to reach a verdict on sexual assault of a child under 13, attempted rape and rape.  Mr Gallon entered a plea to sexual activity with a child as an alternative.  Mr Gallon was sentenced to 5 years and 3 months’ imprisonment.  The news article can be found here:  'He ripped my dignity from me': Victims who helped put Blyth predator in jail reveal ongoing torment - Chronicle Live
• R v SB [2021]  Defended a man accused of rape at a university halls of residence.  Acquitted.
• R v Mabhena [2021] Defended a man accused of rape.  Sentenced to 7.5 years’ imprisonment.
• R v BR [2021] Defended a man accused of sexual assault on a night out.  BR was registered blind or partially sighted.  Acquitted.
• R v KT [2021] Crown offered no evidence on four counts of indecent assault (historic sexual offences which included  the use of a dog) after numerous disclosure issues and a review of the case.  Case involved multiple defendants (Crown offered no evidence in relation to all defendants).
• R v LR [2021] Defended a man accused of attempting to cause a child to engage in sexual activity and attempting to meet a child following sexual grooming.  Involved an online ‘sting’ operation.  Defendant entered Guilty pleas and  had a number of learning and cognitive difficulties.  Sentenced to 2 years’ imprisonment.
• R v XX [2020] Defended a man accused of multiple counts of sexual activity with a child family member.  Acquitted.
• R v AJ [2020] Defended a man accused of (armed) robbery.  Case involved the allegation that four males, one armed with a knife, targeted a vulnerable man who was suspected to be the victim of 'cuckooing'.  Acquitted.
• R v Fernando Pope [2019] Joint led junior defending a man accused of murder.  Sentenced to life with a minimum term of 25 years.  The news article can be found here:  Wandsworth stabbing killer, 21, guilty of murder - BBC News
• R v Robin Lake [2019] Defended a man accused of historic rape and sexual assault of a child.  Convicted of rape.  Sentenced to 12 years' imprisonment.  The news article can be found here:  'You thought you'd got away with it': Judge finally jails sex beast who raped schoolgirl - Chronicle Live
• R v DR [2019] Defended a man accused of historic sexual assaults on two complainants.  Acquitted.
• R v CG [2019 and 2020]  Defended a man accused of being involved in a ‘county lines’ Class A drugs conspiracy.  Jury discharged on first trial.  Guilty plea at re-trial.
• R v Alice Cutter [2019] Led junior on a multi-handed trial involving membership of the proscribed far right organisation, National Action.  Hung jury (retrial took place in 2020).  The news article can be found here:  National Action trial: Jurors unable to reach verdicts - BBC News
• R v MM [2018] Defended a man accused of conspiracy to commit fraud.  Acquitted.
• R v JS [2018] Defended a man accused of rape of an ex-partner.  Acquitted.
• R v Blacker [2018] Defended a man accused of sexual assault, common assault, and committing an offence with the intention to commit a sexual offence. There were two Complainants in this case and the issue was identification. Acquitted.  The news article can found here:  Man cleared of two South Tyneside sex attacks | Shields Gazette
• R v KD [2018] Defended a woman accused of aggravated trespass for protesting in relation to fox hunting.  Successfully applied to stay proceedings as an abuse of process.
• R v Winter [2018] Defended a man accused of Grievous Bodily Harm with intent after a fellow student being blinded by being hit with a pool cue. Acquitted of s.18 and pleaded Guilty to s.20.  Sentenced to 2 years’ imprisonment.
• R v Ndiaye [2018] Defended a man accused of Grievous Bodily Harm with intent on an ex-partner. Sentenced to 13 years’ imprisonment with an extended licence for 5 years for dangerousness.
• R v Alali [2018] Defended a man accused of Grievous Bodily Harm with intent, involving four strikes to the head with a hammer as the complainant was in bed. Sentenced 8 years and 4 months’ imprisonment.
• R v Gregory [2017] Defended a man accused of damaging a £24 million Gainsborough painting at the National Gallery.  He had absconded from his psychiatric care.  Successfully advanced insanity.  The news article can be found here: Man who slashed National Gallery painting 'heard voices' - BBC News

Criminal Appeals

• R v George Austin [2018] Successful appeal to the Court of Appeal of a compensation order of £8,926.35 made in following a theft conviction, which was substituted for an order for £1,000.
• R v PO and others [2017]. Led junior on a multi-handed kidnap and blackmail trial. Not Guilty verdicts for all defendants in relation to kidnap. Sentence handed down for blackmail was 5 years’ imprisonment, which was successfully reduced on appeal to 3 years and 4 months’ imprisonment.

Qualifications

Call July 2011 – Gray’s Inn

Bar Professional Training Course (Outstanding) – BPP Law School (2010 – 2011)

Graduate Diploma in Law (Distinction) – BPP Law School (2009 – 2010)

BSc Environmental Geography (2:1) – University College London (2006 – 2009)

Call July 2011 – Gray’s Inn

Bar Professional Training Course (Outstanding) – BPP Law School (2010 – 2011)

Graduate Diploma in Law (Distinction) – BPP Law School (2009 – 2010)

BSc Environmental Geography (2:1) – University College London (2006 – 2009)

Awards & Prizes

Cynthia Terry Award – Gray’s Inn (2009)

Publications

'Money not power - UK AML/CTF Action Plan comment' written with Jason Mansell (Money Laundering Bulletin: April 2016)

SFO ‘self-funding’ and government handouts: ethical and constitutional? (CrimeLine, May 2013)

The National Crime Agency: a new weapon in the legal armoury, or just another change of letterhead? (The Barrister; CrimeLine; May 2013)

GDPR Notice

Privacy Notice - General Data Protection Regulation (“GDPR”)

 Please read the following information carefully. This privacy notice contains information about the information collected, stored and otherwise processed about you and the reasons for the processing. It also tells you who I share this information with, the security mechanisms I have put in place to protect your data and how to contact me in the event you need further information.

Who Am I?

I collect, use and am responsible for personal information about you. When I do this I am the ‘controller’ of this information for the purposes of the GDPR and the Data Protection Act 2018.

If you need to contact me about your data or the processing carried out you can use the contact details at the end of this document.

What do I do with your information?

Information collected

When carrying out the provision of legal services or providing a reference I collect some or all of the following personal information that you provide:

• personal details
• family details
• lifestyle and social circumstances
• financial details
• education, training and employment details
• physical or mental health details
• racial or ethnic origin
• political opinions
• religious, philosophical or other beliefs
• sex life or sexual orientation
• genetic data
• biometric data for the purpose of uniquely identifying a natural person
• criminal proceedings, outcomes and sentences, and related security measures
• other personal data relevant to instructions to provide legal services, including data specific to the instructions in question.

Information collected from other sources

The same categories of information may also be obtained from third parties, such as other legal professionals or experts, members of the public, your family and friends, witnesses, courts and other tribunals, investigators, government departments, regulators, public records and registers. 

How I use your personal information: Purposes

I may use your personal information for the following purposes:

• to provide legal services to my clients, including the provision of legal advice and representation in courts and tribunals
• to keep accounting records and carry out office administration
• to take or defend legal or regulatory proceedings or to exercise a lien
• to respond to potential complaints or make complaints
• to check for potential conflicts of interest in relation to future potential cases
• to promote and market my services
• to carry out anti-money laundering and terrorist financing checks
• to train other barristers and when providing work-shadowing opportunities
• to respond to requests for references
• to process applications for mini-pupillage and pupillage
• when procuring goods and services
• to publish legal judgments and decisions of courts and tribunals
• as required or permitted by law

Whether information has to be provided by you, and why

If I have been instructed by you or on your behalf on a case or if you have asked for a reference or have applied for a mini-pupillage or pupillage, your personal information has to be provided, to enable me to provide you with advice or representation, or the reference or to consider and process your application, and to enable me to comply with my professional obligations, and to keep accounting records.

The legal basis for processing your personal information

I rely on the following as the lawful bases on which I collect and use your personal information:

• If you have consented to the processing of your personal information, then I may process your information for the Purposes set out above to the extent to which you have consented to me doing so.  This includes applications for mini-pupillage and pupillage.
• If you are a client, processing is necessary for the performance of a contract for legal services or in order to take steps at your request prior to entering into a contract.
• In relation to information which is considered to include particularly sensitive information and which include information about criminal convictions or proceedings I rely on your consent for any processing for the purposes set out in purposes above. I need your consent to carry out processing of this data for these purposes. However, if you do not consent to processing for the purposes of responding to potential complaints, providing a reference or applications for mini-pupillage and pupillage, I will be unable to take your case, provide a reference or process your application. This is because I need to be able to retain all the material about your case until there is no prospect of a complaint and to provide an informed and complete reference and review of your application.
• In relation to information in categories above which are considered to be particularly sensitive information and include information about criminal convictions or proceedings, I am entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for establishing, exercising or defending legal rights.
• In relation to information which is not in those categories, I rely on my legitimate interest and/or the legitimate interests of a third party in carrying out the processing for the Purposes set out above.
• In certain circumstances processing may be necessary in order that I can comply with a legal obligation to which I am subject (including carrying out anti-money laundering or terrorist financing checks).
• The processing is necessary to publish judgments or other decisions of courts or tribunals.

Who will I share your personal information with?

If you are a client, some of the information you provide will be protected by legal professional privilege unless and until the information becomes public in the course of any proceedings or otherwise. As a barrister I have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings

It may be necessary to share your information with the following:

• data processors, such as my Chambers staff, IT support staff, email providers, data storage providers
• other legal professionals
• experts and other witnesses
• prosecution authorities
• courts and tribunals
• the staff in my chambers
• members of chambers involved in the pupillage process
• trainee barristers
• lay clients
• family and associates of the person whose personal information I am processing
• in the event of complaints, the Head of Chambers, other members of Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
• other regulatory authorities
• current, past or prospective employers
• education and examining bodies
• business associates, professional advisers and trade bodies, e.g. the Bar Council
• the intended recipient, where you have asked me to provide a reference.
• the general public in relation to the publication of legal judgments and decisions of courts and tribunals

I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.

I may also be required to disclose your information to the police or intelligence services, where required or permitted by law.

Sources of information

The personal information I obtain may include information which has been obtained from:

• other legal professionals and the staff in my chambers
• experts and other witnesses
• prosecution authorities
• courts and tribunals
• trainee barristers
• lay clients
• family and associates of the person whose personal information I am processing
• in the event of complaints, the Head of Chambers, other members of Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
• other regulatory authorities
• current, past or prospective employers
• education and examining bodies
• business associates, professional advisers and trade bodies, e.g. the Bar Council
• the intended recipient, where you have asked me to provide a reference.
• the general public in relation to the publication of legal judgments and decisions of courts and tribunals
• data processors, such as my Chambers staff, IT support staff, email providers, data storage providers
• public sources, such as the press, public registers and law reports

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA in any particular case or for a reference. However, if you reside outside the EEA or your case or the role for which you require a reference involves persons or organisations or courts and tribunals outside the EEA then it may be necessary to transfer some of your data to that country outside of the EEA for that purpose. If you are in a country outside the EEA or if the instructions you provide come from outside the EEA then it is inevitable that information will be transferred to those countries. If this applies to you and you wish additional precautions to be taken in respect of your information please indicate this when providing initial instructions.

Some countries and organisations outside the EEA have been assessed by the European Commission and their data protection laws and procedures found to show adequate protection. Most do not. If your information has to be transferred outside the EEA, then it may not have the same protections and you may not have the same rights as you would within the EEA.

I may transfer your personal information to the following which are located outside the European Economic Area (EEA):

• cloud data storage services based in the USA who have agreed to comply with the EU-U.S. Privacy Shield, in order to enable me to store your data and/or backup copies of your data so that I may access your data when they need to. The USA does not have the same data protection laws as the EU but the EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. To obtain further details of that protection see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.
• cloud data storage services based in Switzerland, in order to enable me to store your data and/or backup copies of your data so that I may access your data when I need to. Switzerland does not have the same data protection laws as the EU but has been recognised by the European Commission as providing adequate protection; see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

If I decide to publish a judgment or other decision of a Court or Tribunal containing your information then this will be published to the world.

I will not otherwise transfer personal information outside the EEA except as necessary for providing legal services or for any legal proceedings.

If you would like any further information please use the contact details at the end of this document.

How long will I store your personal data?

I will normally store all your information:

• until at least 1 year after the expiry of any relevant limitation period (which will usually be 6 years, but may be 12 years, or longer where the case includes information relating to a minor), from the date of the last item of work carried out, the date of the last payment received or the date on which all outstanding payments are written off, whichever is the latest. This is because it may be needed for potential legal proceedings. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period. The latter retention period is likely to occur only where the information is needed for legal proceedings, regulatory matters or active complaints. Deletion will be carried out (without further notice to you) as soon as reasonably practicable after the data is marked for deletion.
• I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited to your name and contact details/ the name of the case/anything else. This will not include any particularly sensitive information.
• Information related to anti-money laundering checks will be retained until five years after the completion of the transaction or the end of the business relationship, whichever is the later
• Names and contact details held for marketing purposes will be stored indefinitely or until I or my clerks become aware or are informed that the individual has ceased to be a potential client

Consent

As explained above, I am relying on your explicit consent to process your information in relation to particularly sensitive information. You provided this consent when you agreed that I would provide legal services/you asked me to provide a reference/ applied for mini-pupillage or pupillage.

You have the right to withdraw this consent at any time, but this will not affect the lawfulness of any processing activity I have carried out prior to you withdrawing your consent. However, where I also rely on other bases for processing your information, you may not be able to prevent processing of your data. For example, if you have asked me to work for you and I have spent time on your case, you may owe me money which I will be entitled to claim.

If there is an issue with the processing of your information, please contact my clerks using the contact details below.

Your Rights

Under the GDPR, you have a number of rights that you can exercise in certain circumstances. These are free of charge. In summary, you may have the right to:

• Ask for access to your personal information and other supplementary information
• Ask for correction of mistakes in your data or to complete missing information I hold on you
• Ask for your personal information to be erased, in certain circumstances
• Receive a copy of the personal information you have provided to me or have this information sent to a third party. This will be provided to you or the third party in a structured, commonly used and machine readable format, e.g. a Word file
• Object at any time to processing of your personal information for direct marketing
• Object in certain other situations to the continued processing of your personal information
• Restrict my processing of your personal information in certain circumstances;
• Request not to be the subject to automated decision-making which produces legal effects that concern you or affects you in a significant way

If you want more information about your rights under the GDPR please see the Guidance from the Information Commissioners Office on Individual’s rights under the GDPR. 

If you want to exercise any of these rights, please:

• Use the contact details at the end of this document
• I may need to ask you to provide other information so that you can be identified
• Please provide a contact address so that you can be contacted to request further information to verify your identity
• Provide proof of your identity and address
• State the right or rights that you wish to exercise

I will respond to you within one month from when I receive your request.

How to make a complaint?

The GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally live or where the alleged infringement of data protection laws occurred. The Information Commissioner’s Office can be contacted at http://ico.org.uk/concerns/.

Future Processing

I do not intend to process your personal information except for the reasons stated within this privacy notice. If this changes, this privacy notice will be amended and placed on the website.

Changes to this privacy notice

This privacy notice was originally published in August 2019 and last updated in February 2020.

I continually review my privacy practices and may change this policy from time to time. When I do it will be placed on the website

Contact Details

If you have any questions about this privacy notice or the information I hold about you, please contact me or my clerks.

The best way to contact me is to write to me at my Chambers address of 33 Bedford Row Chambers, 33 Bedford Row, London WC1R 4JH or contact my clerks by email at clerks@33bedfordrow.co.uk or by telephone on 020 7242 6476.

Transparency Information

Emma Scott is a self-employed barrister regulated by the Bar Standards Board. 

Emma is registered with the Information Commissioner (reference: ZA243041).

Emma holds professional indemnity insurance with Bar Mutual.

Emma does not accept direct access cases.