Charley Pattison

Degree:

BSc Hons First Class: Business Administration and European Studies: Awards: Final year University Prize for Outstanding Results; Lord Denning Scholarship (Major); Pegasus Scholarship to ECHR

Year of call and Inn:

2013; Lincoln's Inn

Professional Membership:

CBA; COP CPBA

Email:

charley.pattison@albionchambers.co.uk

Specialist Areas:

Court of Protection

Crime, including Courts Martial

Inquest

Personal Injury and Clinical Negligence

Practice Overview:

Charley completed her pupillage in 2014 and joined Albion Chambers as a tenant in 2018. She practices in crime, civil, the Coroner’s Court and Court of Protection.

Charley was awarded a Pegasus Scholarship and spent three months working at the European Court of Human Rights in Strasbourg. Charley focused on cases brought against the UK and covered a broad range of human rights abuses including right to life, right to fair trial and a number of very interesting privacy cases.

‘Charley is very client-friendly, and quickly builds good rapport with clients. In my view, Charley is particularly impressive on her feet, a supremely effective cross-examiner, and a calm persuasive voice that gets the point across to the court. All told, she exudes maturity and a skill-set far beyond her year of call.’ – Instructing Solicitor

‘I am so grateful for your professional skills. At all times I felt that you did everything that you could within very difficult circumstances. I am happy, grateful and content . You achieved more than I expected and I will never forget what you did for me.’ – Lay Client

Charley is a trustee of the Avon and Bristol Law Centre and has set up a legal environmental charity.

Areas of Practice

Crime

Tab 1 Title:

Charley is regularly instructed as trial counsel in matters relating to drugs supply, sexual offences, violence, fraud and burglary. She also has experience of confiscation proceedings for both prosecution and defence at all stages.

Charley is a Grade 2 panel advocate and a member of the CPS Serious Crime Group.

Charley was recently successful in the Court of Appeal where she argued that a sentence be reduced from six years to three.

Recent instructions include:

Sexual Offences:

R v JS Worcester Crown Court (2018) - Represented at trial JS, accused of historic sexual offences committed against his step-daughter. Following mixed verdicts and highly relevant, prejudicial previous convictions secured a suspended sentence.

R v GA Bristol Crown Court (2017) - Junior Defence Counsel in complex multi-complainant Historic Rape and Sexual Assault case. Sensitive third-party disclosure and novel non-defendant bad-character issues. Responsible for cross-examination of witnesses and argument as to admissibility.

R v GG Swindon Crown Court (2017) - Successfully defended at trial a 20-year-old man with learning difficulties who had been accused of 14 counts of sexual assault on five different boys aged between six and twelve. Cross-examined the vulnerable complainants over a two-day period with limited questions permitted.

R v DG Swindon Crown Court (2017) - Successfully defended a man accused of sexual penetration of his wife’s best friend. A very emotive case where it was successfully argued that recent sexual history should be before the jury and be cross-examined upon.

R v IS (2017) - Instructed to represent IS where allegations of indecent (sexual) assault, false imprisonment and threats to kill had been made in the late 1990’s. The complainant was a very vulnerable witness, and other witnesses had language and memory problems. The jury returned not guilty verdicts in relation to sexual assault and threats to kill, and a sentence of 12 months was passed for false imprisonment, and six months for contempt of court/bail act offence of absconding for 18 years.

R v SB Swindon Crown Court (2016) - Represented a young muslim male accused of violent and sustained sexual assault. The trial was religiously and culturally complex and required a sensitive and measured approach to cross-examination of the complainant, who had been disowned by her family for being alone in her home with a male friend. Despite strong forensic and telephone evidence, and a witness who heard the attack over the telephone, SB was acquitted on one of the three counts on the indictment.

R v H Bristol Crown Court (2016) - Prosecution of stranger approaching and sexually assaulting a young Muslim woman. Issues of race and culture were central in the case.

R v RC Salisbury Youth Court (2015) - Representing a 17-year-old defendant accused of sexual touching of a 14-year old. Many young witnesses, including one who had made a previous complaint. Issues of bad character and vulnerable witnesses.

In the news:

Defended ‘a sex offender who molested a dementia-suffering grandma while on a suspended sentence for abusing a child has been jailed for three-and-a-half years.’ Click here for further information.

Violence:

R v PR Bristol Crown Court (2017) - Instructed to prosecute a prisoner accused of inflicting Grievous Bodily Harm on another prisoner whilst serving at HMP Bristol. The complainant is deceased and his statement was adduced as hearsay. The defendant was convicted and three years added to his existing sentence.

R v PW and DB Bristol Crown Court (2017) - Successfully prosecuted a two-handed s.20 Grievous Bodily Harm where two men had attacked bar staff in a village pub. Half a day of the four-day trial was used for a legal argument relating to joint-enterprise.

R v MA and Others Swansea Crown Court (2016) - Represented MA, facing one count of s.18 Grievous Bodily Harm. Convicted of s.20. MA had significant bad character and had stamped repeatedly on an unconscious complainant’s head whilst he was lying over a kerb.

R v MO Taunton Crown Court (2016) - Prosecution of a street preacher accused of common assault for words and behaviour he used relating to homosexuality and Islam. Articles 9 and 10 of the European Convention on Human Rights were engaged and questions as to the issue of ‘bearing witness’, public reactions to speech, the absence of a right not to be offended and the need for protection of controversial speech were argued. There were also arguments as to the admissibility of Prosecution evidence and the defendant’s Article 6 rights to a fair trial.

R v Kane Jones Court Of Appeal, Criminal Division [2015] EWCA Crim 1317 - Defending KJ at trial on allegations of domestic violence where hearsay evidence of the complainant who had not attended was admitted. The Court admitted the evidence under s.114(1)(d). On reading my advice the single judge was persuaded to grant leave to appeal and I later argued the case before the full court. The conviction was quashed, the Court finding Article 6 ECHR was engaged.

R v DH Swindon Crown Court (2015) - Successfully argued there was no case to answer to both counts on the indictment. The defendant, who was accused of affray and common assault for threatening to fire a bow and arrow at a police officer holding a taser, suffered from significant mental health problems and the trial proceeded in his absence. Submissions that affray was not made out (supported by R v Plavecz and R v Sanchez) were accepted, and through cross-examination of the police witnesses, self defence was not disproved on the prosecution case.

R v JS Bristol Crown Court (2015) - Represented JS, secured acquittal on two counts of a four-count indictment. Counts included common assault, ABH and making threats to kill. JS was convicted of common assault and threats to kill but in representing him at sentencing, was able to persuade the court to make a suspended sentence order.

Fraud and Dishonesty Offences:

Op Midas - ongoing - Instructed as junior disclosure counsel.

R v RK Bristol Crown Court - Acted as a led junior in the defence of a historic fraud case.

R v SK Bristol Crown Court (2017) - Instructed to prosecute a robbery whereby the complainant was gagged, had his hands bound and his house ransacked in a drugs-related feud.

R v JB and Others (2017) - Instructed to prosecute a multi-handed fraud. Complex issues as to disclosure arose

R v MP and Others (2016) - Successfully argued that the case against MP, accused of multiple counts of trading standards breaches, should be dismissed.

R v BB Bristol Crown Court (2014) - Represented BB from preliminary hearing through to trial. BB was accused of a fraud against his company of £15,000. He was acquitted on all counts following a three-day trial.

Drugs:

R v SH Bristol Crown Court (2017) - Instructed to represent SH who is accused of Possession with Intent to Supply Class A drugs. Issues of entrapment arose out of this large police operation.

R v SS and Others Bristol Crown Court (2016) - Representing SS in a multi-handed drugs conspiracy. Following successful legal argument relating to public interest immunity issues, the case against all three defendants was not proceeded with.

R v CD Bristol Crown Court (2015) - Instructed as trial Counsel to represent CD, accused of supply of Class A and Class B drugs (MDMA and cannabis) in a nightclub. Following a guilty plea, CD was given a two-year suspended sentence.

R v PM Gloucester Crown Court (2015) - Defending at trial someone alleged to have supplied Class B drugs at Glastonbury festival. Successfully argued expert evidence was not admissible.

R v M Bristol Crown Court - Successfully defended M, accused of possession of Class A drugs and common assault.

Crime Clerks:
Bonnie Colbeck
E: bonnie.colbeck@albionchambers.co.uk
T: 0117 311 0301

Ken Duthie
E: ken.duthie@albionchambers.co.uk
T: 0117 311 0368

Joanna Cload
E: joanna.cload@albionchambers.co.uk
T: 0117 927 1243

Actions against the police and inquests

Tab 2 Title:

Charley is instructed to represent claimants at civil trials in cases of false imprisonment and breaches of Article 3 ECHR.

Inquest touching the death of IS - Instructed on behalf of the residential care home whom were responsible for IS, a 70-year-old man who had Downs syndrome and suffered from seizures. IS died in hospital eight days after near drowning following a swimming trip organised and run by the care home. Jury returned a conclusion of accidental death, having explored the risk assessment of IS’ seizures and general health.

X - Representing the claimant, a woman who had significant mental-health issues and a known history of self-harm but who was placed in a custody cell without proper assessment of regular checks. X tried to take her own life.

IG - Representing the claimant, a police informant, who has had threats to his life due to a letter uploaded to Facebook. The letter had only been provided to two police officers and contained extremely sensitive information.

GJ - ongoing - Representing the family. The deceased was known to police and was taken whilst intoxicated to a highly unsuitable location (not custody) where she later died.

Y - ongoing - Representing the family of a young man who died in custody.

Clerk:
Nick Jeanes
E: nick.jeanes@albionchambers.co.uk
T: 0117 311 0307

Court of Protection

Tab 3 Title:

Charley undertakes work in the Court of Protection. She covers a broad range of areas under the Mental Capacity Act 2005, with an emphasis on health and welfare issues, as well as cases in the High Court’s jurisdiction in relation to vulnerable adults. Her work includes:

Personal welfare applications
Serious medical treatment applications
Section 21A applications challenging authorisations of deprivation of liberty in a care home or hospital under the Deprivation of Liberty Safeguards (DoLS)
Emergency applications
Advising on local authority safeguarding duties and on the community care law issues arising in Court of Protection cases
Contested applications for the appointment of deputies (welfare/financial affairs), and other property and affairs applications

Charley accepts instructions from RPRs, the Official Solicitor, family members, local authorities and the Office of the Public Guardian in relation to applications to the Court of Protection. Her previous work at the ECtHR included considering appeals against detention under the Mental Health Act, and gives her a solid understanding of the law and of the inter-relationship between the Mental Health Act and the Mental Capacity Act.

Recent instructions include:

A Local Authority v RS and The Clinical Commissioning Group (2019) - Instructed by the Local Authority in this ongoing case where P has highly complex needs around compulsive behaviour and eating disorder. She is a highly intelligent woman who retains capacity to litigate but lacks capacity to make decisions about her care. There is ongoing dispute as to where she should live and previous issues around cultural beliefs have had to be considered. There have been issues around adequacy of capacity evidence.

CD v A Local Authority (2019) - Instructed in this ongoing case where CD is a young woman with an acquired brain injury and a history of serious self-harm and absconding. Issues have arisen in relation to new methods of care for CD within the community, centred on Positive Behaviour Support in a domestic setting. CD’s needs are so complex that she has been detained on s2 and received 3:1 support. There have been issues around her deputyship and managing her relationship with her family.

MM v A Local Authority (2019) - Instructed in this ongoing case to represent MM in defence of an application by the OPG to revoke his LPAs.

PMG (by his litigation friend the Official Solicitor) v A Local Authority (2019) - Represented the PMG via the Official Solicitor in this case involving a man who suffered an acquired brain injury following a road traffic accident. Issues included the adequacy of the capacity evidence and the court’s power in ordering reports under s.49 of the Mental Capacity Act 2005. There was the added complexity of a close family member for whom orders restricting contact had to be made.

IC (by her litigation friend the Official Solicitor) v A Local Authority (2019) - A case involving significant safeguarding issues around the faith and religious practice of IC’s son and the impact of that upon her capacity health and welfare. There were also issues around property and affairs and as such, the Office of the Public Guardian were a party to proceedings. In representing the local authority, Charley had to demonstrate cultural sensitivity toward IC’s son’s faith, whilst advocating for a position that was ultimately determined to be in the best interests of IC.

SC (by her litigation friend AL) v A Local Authority (2018) - Represented the protected party in this case where there were concerns raised over the covert medication of SC and significant dispute over how her placement should be funded.

JS (by his litigation friend TB) v A Local Authority (2019) - Represented the Local Authority in this case concerning the very complex needs of JS, whom had resided in a care placement for over 15 years. Safeguarding issues arose from that placement, and JS (who suffers from learning disability with challenging behaviours, mobility problems, autism, general anxiety and epilepsy) had to be moved to alternative care whilst a challenge was mounted by the care home to be readmitted to a LA approved list. Issues in the case also involved a challenge to the high levels of medication administered for JS’.

Clerk:
Stephen Arnold
E: stephen.arnold@albionchambers.co.uk
T: 0117 311 0310

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