Emma Scott

Work Department

AREAS OF EXPERTISE

• Bribery and Corruption
• Confiscation
• Crime
• Defence
• Drugs
• Financial Crime & Fraud
• Murder & Manslaughter
• Prison & Parole Boards
• Prosecution
• Road Traffic & Motoring
• Sexual Offences
• Violent Crime

Position

Emma specialises in Crime.

Emma has a breadth of experience defending clients accused of a range of criminal offences including: sexual offences; violence; terrorism; drugs; offensive weapons, bladed articles and firearms; burglary; robbery; fraud; road traffic; and dishonesty offences. She has particular experience defending clients accused of violent crimes (including s.18 and s.20 Grievous Bodily Harm), drug offences and sexual offences.

Emma’s practice has an emphasis on sexual offences.  She regularly defends clients at trial accused of rape (including historic offences), child sex offences (including offences on family members and against those under 13), and possession of indecent images of children.  She has experience of pre-recorded cross-examination of Complainants (s.28), the use of intermediaries, and representing vulnerable defendants.  Emma’s cases can involve the application, appeal, variation and breach of Sexual Risk Orders and Sexual Offences Prevention Orders/Sexual Harm Prevention Orders, as well as Criminal Behaviour Orders.

Emma has experience working as a led junior and on multi-handed and lengthy trials.   She represents clients at appeals, from appeals from the Magistrates’ and Youth Courts to the Crown Court, and in the Court of Appeal. She represents clients who are not fit and conducts trials of the facts.

Emma also has experience of financial crime and fraud.  She previously spent four months working in the Anti-Bribery and Corruption Department at Deutsche Bank.

Additionally, Emma has experience appearing before the Court Martial.

Background

Prior to coming to the Bar, Emma worked as a Paralegal at a number of firms, including Corker Binning, Macfarlanes, and the on-site legal firm servicing GE Money.

During the time she worked as a Paralegal at Corker Binning, she was heavily involved with a range of cases including defending a senior executive in a Serious Fraud Office overseas corruption prosecution relating to Bahrain and defending clients subject to Serious Fraud Office and/or Financial Conduct Authority investigations. At Macfarlanes, she worked as a Paralegal on a range of Financial Conduct Authority cases relating to the mis-selling of interest rate hedging products by a major bank. At the on-site legal firm servicing GE Money, Emma handled mortgage repossessions.

Career

Notable Cases

Crime

 R v Vinny Balmer [2021] Six day trial for multiple counts 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.  The jury 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] Seven day trial for multiple counts of sexual offences against two child Complainants, including rape and offences against a child under 13.  This trial involved s.28 pre-recorded cross-examination of a child sexual Complainant. Mr Gallon was also a child during the alleged commission of the offences against one Complainant.  An intermediary was used during his evidence.  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]  Not Guilty verdict after a six day trial for rape at a university halls of residence.

R v Mabhena [2021] Guilty verdict for rape following a three day trial and a majority direction.  Sentenced to 7.5 years’ imprisonment.

R v BR [2021] Not Guilty verdict of sexual assault following a three day trial.  BR was registered blind or partially sighted and was accused of sexual assault during a night out.

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] LR was sentenced to 2 years’ imprisonment for attempting to cause a child to engage in sexual activity and attempting to meet a child following sexual grooming following Guilty pleas.  Involved an online ‘sting’ operation by members of the public in which there was no actual child, but an adult who posed as a 13 year old child.  Sexual messages and images were sent by LR.  Arrangements were made for LR to meet the child but LR was met by the group who had organised the ‘sting’ instead.  LR  had a number of learning and cognitive difficulties which impacted the commission of the offence and sentencing was a delicate exercise of starting with the impact as if there had been a real child (with a small deduction for the fact that there was not), and the incorporation of the overarching guidelines for sentencing offenders with mental disorders, developmental disorders or neurological impairments.

R v XX [2020] Not Guilty verdicts on all six counts of sexual activity with a child family member following a four day trial.  Involved cross examination of child sexual Complainant and another child witness.

R v AJ [2020] Not Guilty 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’.

R v Fernando Pope [2019]  Murder trial at the Central Criminal Court (worked as led junior).  Found Guilty of murder after trial, 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] Historic rape and sexual assault of a child.  Found Guilty 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] Not Guilty of three historic child sexual assaults on two Complainants.

R v CG [2019 and 2020]  Multi-handed county lines Class A drugs conspiracy raising issues of human trafficking.  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 was fixed for 2020).  The news article can be found here:  National Action trial: Jurors unable to reach verdicts – BBC News

R v MM [2018] Not Guilty of conspiracy to commit fraud following a six day trial.

R v JS [2018] Not Guilty of rape of an ex-partner following a four day trial.

R v Blacker [2018] Not Guilty 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. The news article can found here:  Man cleared of two South Tyneside sex attacks | Shields Gazette

R v KD [2018] Prosecution of a teacher for aggravated trespass stayed as an abuse of process.

R v Boz [2018] Successful submission of no case to answer in relation to making threats to destroy or damage property. The issue was fundamentally contradictory Prosecution eye witness evidence.

R v Winter [2018] Not Guilty of Grievous Bodily Harm with intent (s.18) resulting in a fellow student being blinded by a pool cue. Sentence mitigated to 2 years’ imprisonment after a plea to Grievous Bodily Harm (s.20).

R v Wint [2018]. Possession of indecent images of children (range of Category A-C, moving and still images). Sentence mitigated to 18 months’ suspended sentence after trial.

R v Ndiaye [2018]. Grievous Bodily Harm with intent and burglary on an ex-partner. Dangerousness found but sentence mitigated to 13 years’ imprisonment with an extended licence for 5 years.

R v Alali [2018]. Grievous Bodily Harm with intent, involving four strikes to the head with a hammer as the Complainant was in bed. Sentence mitigated to 8 years and 4 months’ imprisonment.

R v Theakston [2018]. Local council prosecution. No evidence offered on five Counts of fraud and breach of trading regulations after a letter of representations was sent to the Prosecutor. Sentenced to a fine for one charge of failing to provide written notice of the right to cancel a contract.

R v G [2017]. Appeal from the Youth Court. Appeal successful resulting in sentence of 4 months’ detention imposed for a second-strike knife offence being quashed and a Youth Rehabilitation Order with Intensive Supervision and Surveillance imposed.

R v Gregory [2017]. Not Guilty by reason of insanity of criminal damage of a Gainsborough painting at the National Gallery. A news article can be found here: Man who slashed National Gallery painting ‘heard voices’ – BBC News

R v LE [2017]. Hung jury following a sexual assault on public transport trial which contained CCTV evidence.

R v Morat [2017]. Possession with intent to supply Class A and B drugs trial. Plea to simple possession of Class A and possession with intent to supply Class B drugs was accepted on day of trial. Sentence mitigated to 8 months’ imprisonment.

R v Nworgu [2016]. Five day trial for two counts of possession of identity documents (one with intent). Sentence mitigated to 9 months’ imprisonment

R v Patel [2016]. Third strike burglary trial. Application to exclude recognition identification evidence successful. Crown offered no evidence and a Not Guilty verdict was returned.

R v CB [2016]. Youth Court. Two successful submissions of no case to answer for assault. Guilty plea to one assault. Three month referral order.

R v A Harris [2016]. Successful submission of no case to answer for assault. Not Guilty verdict.

R v Odusina [2016]. No activation of Suspended Sentence Order for possession of a bladed article.

Criminal Appeals

R v GH [2018] After a successful appeal to the Crown Court, conditional discharge handed down following Guilty pleas to two charges of common assault by throwing cold soup protesting at a prolife demonstration.

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.

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)

Education

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)