Stephen Field

Practice

Stephen Field has a predominantly Criminal and Prison Law practice, covering first instance case, appeals and judicial reviews of those public bodies (the Police, CPS, Magistrates and Crown courts, Probation Service, Parole Board and the Secretary of State) responsible for the administration of criminal justice.  Stephen also conducts judicial reviews in mental health and social justice cases.

Stephen represents Defendants in criminal cases and has fought a large number of challenges on behalf of individuals of decisions and practises of public bodies, in the House of Lords, the Court of Appeal (Criminal and Civil Divisions), the Administrative Court and Crown Courts in a range of cases from the rights of victims of child sex abuse, of mental health Patients prescribed with Electro Convulsive Therapy (ECT) treatment and Prisoners confined to the Dangerous Severe Personality Disorder (DSPD Units.

A number of current or pending cases will be determined in the near future including Release (Drugs Charity) v British Transport Police [2010] - a High Court claim challenging the legitimacy [of the] random use of passive drugs sniffer dogs and 2 conjoined cases (Nealon and Sims v HMP Wakefield) challenging the lawfulness of the requirement for Prisoners to carry ID cards. 

Stephen regularly lectures on the topics of Criminal Appeals, Prison Law and Criminal Judicial Review.

Recently Reported Cases

The following of Stephen’s cases have been reported recently:

R (on the application of JASON SKINNER) v WOOD GREEN CROWN COURT (CPS INTERESTED PARTY)(2010)
Application for judicial review of Crown Court Judge’s decision on 30^th March 2010 to revoke bail at a PCMH in a ‘domestic violence’ case when JS appeared at the Crown Court in answer to magistrates’ bail when the complainant (who had made a ‘withdrawal’ statement) accompanied him and sat in the public gallery.  The Judge’s decision that JS was interfering with the course of justice was irrational in the circumstances and his decision was quashed.  JS released on bail by the Administrative Court in the emergency applications court.
QBD (Admin)(Holroyde J.) 6/4/2010

R (on the application of J) v (1) SECRETARY OF STATE FOR JUSTICE (2) PAROLE BOARD (2010)
The Parole Board was entitled to refuse to recommend the re-release on licence of an offender who had been recalled to prison after he was suspected of committing an offence, since the evidence before the board, including the surrounding circumstances of the offender's case, justified a conclusion that there was a risk of re-offending.
PENOLOGY AND CRIMINOLOGY
QBD (Admin) (Irwin J) 18/2/2010

R v W [2010] EWCA Crim 203
In a case where convictions for gross indecency had to be quashed because of the expiry of the time limit before the charges were brought, linked convictions for buggery were not quashed as the evidence put before the court in relation to the former charges would not have needed a bad character ruling had those charges not been made. However, the 10 year sentence was reduced to 8 years as the judge had not been aware of the limitation provisions and it appeared that in sentencing for the counts of buggery, he could have been influenced by the gross indecency convictions.
CRIMINAL EVIDENCE - SENTENCING
CA (Crim Div) (Pill LJ, Bennett J, Field J) 27/1/2010

R (on the application of OAKES) v (1) SECRETARY OF STATE FOR JUSTICE
(2) NATIONAL PROBATION SERVICE (3) PAROLE BOARD [2009] EWHC 3470 (Admin)
The Parole Board had acted unlawfully in refusing O an oral hearing where there was a factual dispute as to the circumstances of his recall to prison.  An oral hearing was ordered and O was released from custody at that hearing.
PENOLOGY AND CRIMINOLOGY
QBD (Admin) (Langstaff J) 17/12/2009

R v ROSS JOHN ORR [2009] EWCA Crim 2400
There was nothing unjust in requiring an offender to serve a custodial sentence imposed but not implemented for some two years due to a system failure, in circumstances where the offender had committed further serious offences in the intervening period and had taken advantage of what had been an obvious mistake.
SENTENCING
CA (Crim Div) (Hughes LJ, Mackay J, Davis J) 4/11/2009
References: LTL 11/12/2009 : Times, November 17, 2009
Document No.: Case Law - AC0122754

R (on the application of STEVEN JAMES ELLERTON) v SECRETARY OF STATE FOR JUSTICE [2009] EWHC 2661 (Admin)
A long-term prisoner serving concurrent sentences for offences committed both before and after 5 April, 2005, who had been released on licence after serving half his custodial sentence in the mistaken belief that the provisions of the Criminal Justice Act 2003 applied to all those sentences, had been "unlawfully at large" within the meaning of the Prison Act 1952 s.49 so as to preclude the time spent on licence from counting towards his custodial term. Leave granted to appeal to the Court of Appeal – listed in July 2010.
SENTENCING - PENOLOGY AND CRIMINOLOGY
QBD (Admin) (Geraldine Andrews QC) 28/10/2009

R (on the application of STANLEY MATTHEWS) v GOVERNOR OF SWALESIDE PRISON [2009] EWHC 2397 (Admin)
A prison governor had been entitled to prohibit a prisoner from submitting an assignment for a proposed study of domestic violence as part of a university course he had started after imprisonment, where the governor had reasonable grounds to believe that the assignment was intended to be an actual research project and any reasonable prison governor would have been entitled to decide that it would not be appropriate to allow the prisoner to conduct the type of research he had outlined.
PENOLOGY AND CRIMINOLOGY
QBD (Admin) (Judge Davis QC) 5/10/2009

R (on the application of GEORGE LOW) v INDEPENDENT ADJUDICATOR (Defendant) (2) MINISTRY OF JUSTICE (Interested party) [2009] EWHC 2253 (Admin)
An adjudicator's decision that a prisoner had wilfully refused to provide a specimen of urine required of him under a mandatory drug testing programme was quashed where the adjudicator had failed to consider relevant evidence and had spoken to two potential witnesses before the hearing which amounted to a serious procedural impropriety.
ADMINISTRATIVE LAW - ADMINISTRATIVE LAW - PENOLOGY AND CRIMINOLOGY
QBD (Admin) (John Randall QC) 20/8/2009

R (on the application of MICHAEL SILBURN) v PAROLE BOARD  (2009) [2009] EWHC 3494 (Admin)
The Parole Board’s error in relation to a prisoner’s withdrawal from the DSPD programme did not render its decision unlawful.  Further, the forum for challenging the legitimacy of the Psychopathy checklist – Revised (PCL-R) diagnostic tool as a risk assessment tool was the Parole Board hearing.
ADMINISTRATIVE LAW - ADMINISTRATIVE LAW - PENOLOGY AND CRIMINOLOGY
QBD (Admin) (David Elvin QC) 3/9/2009

KIERON CARTER v CROWN PROSECUTION SERVICE [2009] EWHC 2197 (Admin)
The court gave guidance on the conduct of proceedings for breach of an authorisation made under the Anti-social Behaviour Act 2003 s.30, and suggested that all relevant documents should be made available to the magistrates' court at the first hearing to enable it to ascertain whether the authorisation was admitted by the defence.
CRIMINAL PROCEDURE - POLICE
DC (Thomas LJ, Coulson J) 27/7/2009

R (on the application of M) v (1) LEICESTERSHIRE CONSTABULARY (2) CROWN PROSECUTION SERVICE sub nom M v LEICESTERSHIRE CONSTABULARY [2009] EWHC 3640 (Admin)
A decision to administer a final warning to a juvenile for an alleged attempted rape had been unlawful, as he had not made a clear and reliable admission of guilt to all elements of the offence.
CRIMINAL PROCEDURE
DC (Sir Anthony May (President QB), Saunders J) 8/7/2009

R (on the application of ROYSTON THOMAS) v GREENWICH MAGISTRATES' COURT [2009] EWHC 1180 (Admin)
A magistrates' court was entitled to rely on written hearsay evidence in deciding whether an individual had breached his bail conditions, and it had properly evaluated that evidence in making its decision.
CRIMINAL PROCEDURE - CRIMINAL EVIDENCE
QBD (Admin) (Hickinbottom J) 11/5/2009

R (on the application of KHAN) v (1) PAROLE BOARD (2) SECRETARY OF STATE FOR JUSTICE [2009] EWHC 756 (Admin)
While the Parole Board and Ministry of Justice had delayed in arranging a review hearing in respect of a prisoner serving an indeterminate sentence of imprisonment for the protection of the public until after the expiry of his tariff sentence, the court was unable to substitute itself for the Parole Board and order his immediate release because, in the circumstances, it was not able to make a proper assessment of whether or not he continued to be dangerous.
PENOLOGY AND CRIMINOLOGY

A (APPELLANT) v IORWORTH HOARE (RESPONDENT) : H (APPELLANT) v SUFFOLK COUNTY COUNCIL (RESPONDENT) & SECRETARY OF STATE FOR CONSTITUTIONAL AFFAIRS (INTERVENOR): X & Y (APPELLANTS) v WANDSWORTH LONDON BOROUGH COUNCIL (RESPONDENT) [2008] UKHL 6
Times Law Reports (31st January 2008) see also BBC news item Article for James Naylor Foundation
Case of H, a child sex abuse victim who suppressed the events of abuse by a teacher at a special school. His case raised limitation issues. The House of Lords reveresed their earlier decison in Stubbings v Webb 1993 and ruled that the discretionary extension of limitation periods applicable in personal injury cases should now apply in cases of deliberate abuse. Art 6 ECHR.

The following recent cases terminated with Consent Orders in favour of the Applicants:

Prisoners

R (on the application of Darren Reilly) v Parole Board (2010) Judicial review of the refusal to release R following a reassessment of his risk after an earlier panel had directed his release.  R released - ECHR Art 5.

R (on the application of John Christy) v National Probation Service and the Secretary of State for Justice CO/5661/2008 – a judicial review of the recall of a determinate sentence prisoner for alleged breach of licence (Permission and Interim Relief granted– Claimant’s release from prison). EC's long-term release secured following inter-parties hearing - ECHR Art 5.

R (on the application of Keith Knight) v Governor of Bullingdon Prison, Secretary of State for Justice and Oxfordshire NHS Trust – an emergency application of the failure of the Defendants to provide KK, a serving prisoner, with the appropriate medical treatment for immediate and intense pain (Interim Relief granted – provision of the required treatment) and matter now proceeding by way of Consent Order following inter-parties hearing - ECHR Art 3.

R (on the application of Gunda) v Minister of State for Justice and the Parole Board (2009)
Judicial review of Parole Delay – D granted G’s release following issue of proceedings – Article 5 ECHR

R (on the application of Mark Bugler) v Minister of State for Justice (2009) Judicial review of an onerous licence condition – Defendant withdrew the condition following issue of proceedings – Article 8 ECHR

Homelessness

R (on the application of FA and SKA (A Child))v London Borough of Lambeth) (2008) emergency telephone application for a judicial review of the decision of the failure of the defendant local housing authority to accommodate the Claimants pending the carrying out of an adequate section 17 Children Act assessment, rendering the Claimants street homeless - emergency interim relief (accommodation) obtained and proceedings issued 23rd December 2008 - ECHR Art 3 and 8.

R (on the application of Sarah Thomas) v Tandridge District Council  (2008) emergency application for a judicial review of the decision of the defendant local authority that the Claimant was intentionally homeless through her anti-social behaviour and its refusal to accommodate her pending the statutory review of its decison rendering the Claimant street homeless - proceedings issued 23rd December 2008 and defendant compromised by providing accommodation - ECHR Art 3 and 8.

R (on the application of Donald Kent) v West Wiltshire District Council (2008) emergency drafting of proceedings for a judicial review of the refusal of the defendant local housing authority to provide the Claimant with interim accommodation pending the outcome of its Housing Act assessment of his vulnaribility and priority need - proceedings drafted but Claimant finding alternative accommodation before issue - ECHR Art 8.

R (on the application of X) v London Borough of Lambeth  (2008) emergency telephone application for judicial review of Defendant’s refusal to provide the Claimant (a street homeless woman who had presented at the Lambeth Law Centre with her two young children aged 3 yrs and 18 months) with interim accommodation pending homelessness application – Emergency Interim Relief (accommodation) granted that day and keys to permanent accommodation now offered to Claimant who has accepted permanent accommodsation with her children - ECHR Art 3 and 8.

R (on the application of Bakhtyar Rasu) v Haringey LBC (2008) emergency application for judicial review of Defendant’s refusal to assess the Claimant, a discharged Mental Health Act patient, for housing. Emergency Interim Relief granted (injunction ordering Defendant LBC to accommodate Claimant pending determination of the application) - ECHR Art 3 and 8.

Police

R (on the application of KH) v Commissioner of Police for the Metropolis (2009) Judicial review of the decision of police to arrest a volunteer to a police station.  Emergency injunction refused, but police withdrew the decision to arrest KH who was interviewed voluntarily.

R (on the application of Graham Coates) v Commissioner of Police for the Metropolis CO/6875/2008 – a judicial review of the administration of an arguably invalid and unlawful formal police caution for an alleged breach of a term of a Sexual Offences Prevention Order - Defendant Police Commissioner conceded illegality of the caution.

Social Justice

R (on the application of SD) v London Borough of Hounslow CO/6013/08 – emergency telephone application of the Defendant’s decision to remove the Claimant (a child in care) from her home town in Hounslow to Essex without consultation.   Emergency Interim Relief granted (injunction preventing Claimant's removal from Hounslow pending determination of application). ECHR Art 8.

Other reported cases:

Administrative Court

R (on the Application of Robson)v (1) Parole Board (2) Secretary of State for Justice [2008] EWHC 248 (Admin)
Challenge to the failure of the Defendants to provide the Claimant, a life prisoner originally convicted of murder, later reduced to manslaughter on appeal, with the courses he needed to satisfy the Defendants that he was no longer dangerous. Art 5 ECHR.

R (on the application of Torres)v Commissioner of Police for the Metropolis [2007] EWHC 3212 (Admin) 17th December 2007
Test case on police powers to impose pre-charge bail conditions. Art 8 ECHR.

R (on the application of Kalonji)v Wood Green Crown Court [2007] EWHC 2804 (Admin) 19th October 2007
Challenge to the failure of the Defendant Court to provide the Claimant with a trial within his custody time limit.

R (on the application of TH) v Wood Green Crown Court (Interested Parties: Crown Prosecution Service and Department of Consitutional Affairs) [(31st October 2006) [2006] EWHC 2683 (QB), 9th November 2006, [2007] Crim LR 727; Times Law Reports.  Also reported WLR and All ER.
Matter arising from a multi-handed criminal trial.   TH was a witness, remanded into custody by the trial Judge.  Judicial Review of that decision.  Acted for TH. TH released on bail at permission hearing.  Court considered Judicial Review, habeas corpus, Art 5 ECHR and damages uder the Human Rights Act issues.

R (on the application of A)  v (1) Governor of Huntercombe Young Offenders' Institute (2) Secretary of State for the Home Office (4th October 2006) [2006] EWHC 2544 (Admin)
Matter arising from a multi-handed criminal appeal.   Criminal appeal allowed, but Governor and Home Office refused to release Appellants.  Judicial Review of that decision.  Acted for A.  Application granted and A released. Art 5 ECHR.

R (on the application of Mullane)  v (1) West Berkshire Safer Communities Partnership (2) Secretary of State for the Home Department ( 31st July 2006 ) [2006] EWHC 2499 (Admin)   Guardian News Item                
Matter arising from the murder of a woman and son by husband who then killed himself.  Home Office set up an inquiry which surviving family felt was inadequate in its terms of reference.Judicial Review of that process.  Acted for Mullane.   Art 2 ECHR.

R (on the application of Crown Prosecution Service) v City of London Magistrates ’ Court (Interested Party: Cordelia Gil)  ( 4th April 2006 ) [2006] EWHC 1153 (Admin) Times Law Reports 17th April 2006
Matter arising from the magistrates’ discharge of the case against Gil.  CPS judicially reviewed the decision.  Acted for Gil.   Court held new CJA 2003 applied in committal hearings. Art 6 ECHR.
Court of Appeal (Criminal Division)

R v Coehlo (May 2008) (unreported)
Appeal against conviction in a witness intimidation case resulting in a prison sentence of 42 months. Appeal allowed. "Verballing" provisions of PACE considered and alleged confession ruled inadmissible, and if admissable, would have heralded a return to the Pre-PACE 'bad old days'.

R v Smith (Peter Charles) (19th February 2007) [2007] EWCA Crim 51
Application under Criminal Appeals Act re arraignment of Defendant out of time.

R v Oliver (Warren) (1st December 2006 ) [2006] EWCA Crim 3150
Appeal against sentence in kidnapping case.  Acted for Oliver. Appeal allowed.

R v (1) D (2) B (3) Y (4) S  CA  ( 22nd September 2006 ) [2006] EWCA Crim 2600
Appeal against conviction in Grievous Bodily Harm case.  Acted for D.  Appeal allowed.

R v Smith (Peter Charles) 23rd May 2006 [2006] EWCA Crim 1690
Appeal against conviction in drugs importation case.  Acted for Smith. Appeal allowed. Important point of law established, distinguishing R v Bilinkski. Details in Crimeline Article.
Court of Appeal (Civil Division)

Mental Health Law  - Electro-Convulsive Therapy

Christine Batchelor v Hull & East Riding Community Health NHS Trust (2003) County Court ( Kings ton Upon Hull ) 3/11/2003 . Lawtel AC0105978
Civil Procedure, Medical Treatment Appeared for Batchelor  Trial of a preliminary issue of limitation in an action by the claimant ('B') for damages for personal injury alleged to have been caused by electro convulsive therapy ('ECT') administered by the defendant hospital. Claim failed due to Bolam test. Susan Rodway QC for defendant.

R (on the application of K) v Balham & Tooting Mental Health Trust Springfield University Hospital [2003] EWHC 357 Admin Stanley Burnton J . BBC News Item
Judicial Review, Medical Treatments.  Appeared for K.  Emergency overnight telephone injunction granted and upheld. Leave granted to judicially review the decision of the Defendant to administer Electro Convulsive Therapy to the Claimant, a 42 year old female Mental Health Act detainee, due to be given ECT the following morning.. Action compromised, Defendant undertaking not to administer K with ECT.

Criminal Cases and Appeals

R  v Johnson (Harold Robert) (2001) Cr App R 26, (2001) Crim LR 125, Times November 21, 2000, Independent October 24 2000, Archbold 2007 7-51b Ancient Convictions
Criminal Procedure, Appeal Against Conviction. Appeared for Johnson.  Appeal on referral by the Criminal Cases Review Commission, against his conviction, in 1968 at the Central Criminal Court, of aggravated robbery. Appeal based on safety of identification evidence pre-Turnbull.  Court confirmed that the safety of old convictions is to be assessed by reference to current standards.  Appeal allowed, conviction quashed.  Bruce Houlder QC for the Crown.

R v Mohammed Dehri, Croydon Crown Court, Archbold News
Criminal Law – Trial - Defence of Necessity.  Appeared for Dehri, an Algerian national in UK as overstayer.  Attempted to leave UK on a forged French Passport. Defence: he had no valid passport and feared he would be deported with dire consequences so felt compelled to enter Canada where asylum prospects significantly better than UK .  Legal argument as to availability of necessity defence in domestic law. Defendant ran defence. Not guilty verdict.

Chichester District Council v Jeremy Nicholas Wood (14th March 1997)Divisional Court CO/2738/96
Criminal Law, Appeal by way of Case Stated.  Appeared for Wood, a pedlar/street-trader.  Appeal by prosecutor by way of case stated following acquittal by lower court on a charge of street trading – Defendant successfully ran defence that he was a pedlar, not a street trader.  Divisional Court certified a point of law of general public importance as to distinction between pedlars and street traders.  House of Lords declined petition!

Gypsy Law

R v Thomas ( Southend Crown Court ).  Reported in Solicitors’ Journal 139 Sol Jo 786 and Legal Action. 
Criminal Law, Trial.  Appeared for Thomas, a Gypsy residing on land without planning permission.  Served with an enforcement notice requiring him to leave the land.  He did not comply and was prosecuted for breach.  Ran statutory defence,Section 179(3) that albeit he had done nothing to comply with the notice, he had done everything that he could be expected to do given the legal and social predicament facing Gypsies, ie ‘nothing’ could be ‘everything’.  Not guilty verdict.

R v Wood (David) [2001] EWCA Crim 1395 CA (Criminal Division)
Criminal Law, Appeal Against Conviction. Appeared for Wood, a Gypsy who resided on his own land in contravention of planning permission and enforcement notice.  Statutory defence, section 179(3) Town and Country Planning Act.  Direction to jury.  Doing nothing to secure compliance with a planning enforcement notice can be “everything” a Gypsy can be expected to do for the purposes of the statutory defence.  Appeal allowed, conviction quashed.

R v. Warwick Crown Court Ex parte Trevor White [1997] EWHC (Admin) 670
Criminal Law.  Judicial Review of Crown Court Judge's refusal to allow Trevor White, a Gypsy, to vacate his guilty plea in a Town and Country Planning Act prosecution.  Archbold 2007 at paragraph 2-197
Judicial Review Court of Appeal

R v Immigration Appeals Tribunal (ex parte Bellache)  (27th April 1997).  Reported on Casetrack. 
Appeared for Bellache, a failed asylum seeker who had supposedly missed his time for appealing against his asylum refusal decision.  B was already boarded on a plane deporting him to Algeria.  Successfully secured his removal from plane and secured him an appeal.

Publications

Author- Law Section – Prison Law Index 2010
Co- Author:  Blackstone's Guide to the Domestic Violence, Crime and Victims Act 2004
Contributor:  Gaining Ground:  Law Reform for Gypsies and Travellers: Gypsies, Race Discrimination and Planning
MacMillan’s ‘A' Level Law Guide   Publisher: Thomson Learning
Various Articles (LAG Journal, Solicitors’ Journal, Converse and Inside Time)

Specialisms

Civil Actions Against the Police
Employment
Judicial Review
Mental Health
Planning
Offences Against the Person
Police misconduct
Human Rights
Regulatory Offences
Prison Law
All areas of Criminal Defence
Gypsy Rights

Education

LLB (Hons) 2:1 University of London (External) (1992)
Certificate in Criminology (Birkbeck College – University of London) Psychology of Crime and Sociology of Criminal Behaviour (1992)

Memberships

Legal Action Group (LAG)
Criminal Bar Association (CBA)
Bar Pro Bono Unit

CPD Seminars

Criminal Appeals
Criminal Judicial Review
Prison Law

http://www.stephenfieldlaw.com/