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Hayley Brickel Called 2009

Hayley Brickel

Called 2009

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Hayley is hard working, tactically astute and meticulous in her preparation. She is noted for her excellent client care skills and attention to detail.

Crime:-

Hayley defends in a broad range of cases encompassing; Homicide and Serious Violence, Firearm Offences, Fraud, Perverting the Course of Justice, Serious Sexual Offences and Drug Supply. Hayley also advises in Judicial Review proceedings, in particular challenging decisions made by the Crown Prosecution Service, and undertakes Appellate work.

A selection of cases of interest are below :-

R v P, and 2 others:- Central Criminal Court – Led Junior – Defending D1.

  • Manslaughter, by Gross Negligence;
  • Highly complex medical evidence relating to the multifactorial cause of death, which was recorded as Asphyxia following Restraint.
  • Complex legal arguments as to the extent of the duty of care owed by D, if that duty was breached, causation, whether death was reasonably foreseeable, subjective recklessness, and whether any alleged breach was gross in nature.
  • Acquitted.

R v A, and 7 others:- Snaresbrook CC – Led Junior – Defending D2.

  • Drug Supply, Kidnap, False Imprisonment, Section 18 OAP (burning with a domestic iron directly onto skin), Section 20 OAP (pistol whipping), Possession of a Firearm with Intent and Perverting the Course of Justice;
  • This was a re-trial, lasting 6 months, involving voluminous and complex cell site evidence, forensic-match evidence, firearm expert evidence, a Serious Organised Crime and Police Agreement (SOCPA), novel legal factors and multiple cut-throat defences;
  • Trial Judge observed :- “both leading and junior demonstrated the highest standards of legal skill, professionalism and commitment….an appropriate ferocity of argument (when required) was delivered, but always with great skill, balance, good sense and good grace”. 

R v H:- Oxford CC

  • Possession of a Prohibited Firearm, Air Pistol and Ammunition;
  • Abuse of Process application spanning two days;
  • Legal argument regarding the scope of Legal Professional Privilege between CPS and the Police;
  • “Exceptional Circumstances” found, due in part, to the conduct of the CPS.

R v L :- Guilford CC

  • Possession of Firearm with Intent to Cause Fear of Violence.
  • Defence of lawful authority, challenge to the classification of the rifle as being a “firearm”, lack of requisite intent, and disputed identified evidence.

R v N:- Kingston CC

  • Inciting a Child to Engage in Sexual Activity.
  • The first Section 28 Youth Justice and Criminal Evidence case to be heard in London.

R v M :-  Croydon CC

  • Sexual Assault. D alleged to have assaulted a patient, who had been admitted to hospital pursuant to mental health legislation;
  • Legal arguments included; disclosure and admissibility of medical records, admissibility of police records and misconduct of the complainant.

R v S:- Kingston CC

  • Section 2 Sexual Offences Act – Assault by Penetration
  • Legal argument regarding the admissibility of D’s police interview, owing to multiple breaches by police of the Codes of Practice;
  • A plea to Common Assault was accepted by the Crown, and a low level financial penalty imposed.

R v T:- Isleworth CC:-

  • Section 20 OAP (breaking teeth)
  • Successful application to exclude tape-recorded threats made by D.

R v N:-  Guilford CC:-

  • Perverting the Course of Justice. A false allegation of burglary was reported to Police, resulting in a substantial police investigation, and subsequent wrongful arrests and charges.
  • Suspended Sentence imposed.

R v S:-  Isleworth CC:-

  • Burglary (dwelling)
  • Multiple fingerprint matches to D, recovered from a window frame, inside the property. This was the point of a forced entry. Defence was that D had not been to, or inside, the property.
  • Acquitted.

Prison Law:-

Hayley has represented clients at Parole Board Hearings, re-categorisation and release, and Adjudications. Hayley also advises on Release on Temporary Licence, Home Detention Curfews, Recalls (including cases involving an international element) and Judicial Reviews of Parole Board decisions.

Extradition:-

Hayley has defended Requested Persons, sought by Category 1 and Category 2 territories; such cases involve a wide range of human rights and public law issues.

Education and Professional Memberships:-

Bar Vocational Course: BPP

University of Bristol: LLB/HONS

Middle Temple.

Criminal Bar Association.

Public Access Accredited.

Police Station Accredited.