Charter Chambers

Member: Roshnee Shah

Currently seconded to the Financial Services Authority
 
Practice | Cases

Practice Profile

Criminal law

Crown Court trials for both Defence and Prosecution
Financial Crime - complex fraud and money laundering
Confiscation proceedings under the Proceeds of Crime Act and old regimes in the Crown Court and High Court
Cash forfeiture proceedings under Part 5 Proceeds of Crime Act
Matters relating to violent and sexual offending
Prosecuting on behalf of the Civil Aviation Authority
Defending soldiers facing Court Martial proceedings, usually in Germany
Appeals against sentence and conviction in the Court of Appeal
Frequently advising on immigration matters arising in the context of criminal proceedings

Extradition law

Experience of extradition law both pre and post the Extradition Act 2003

Immigration Law

Appeals before the Immigration Appeals Tribunal
Applications for judicial review against deportation
Human Rights applications under Article 3 and 8

Prison law

Parole board oral hearings in respect of lifers and recalls
Adjudicator hearings in respect of disciplinary matters
Advice on representations in paper hearings
Applications for judicial review
Advice on claims for compensation by prisoners
Advice and applications in relation to Article 5 breaches

Cases

A number of these examples are cases where led junior counsel

Defended one of five defendants accused of a conspiracy of immigration and benefit fraud where following conviction the confiscation proceedings related to an alleged benefit figure of £50 million. There was substantial evidence from a number of forensic accountants who had to analyse the workings of the company run by the Defendants over several years. Further complications arose due to allegations of significant evasion of tax liabilities. Extensive legal argument on application of assumptions under the CJA 1988 and in relation to mixed funds where the Defendants had built up a property empire largely as result of legitimate business. The issue of tax evasion was held not to be a relevant consideration for the purposes of the Confiscation proceedings once evidence had been produced showing that settlements had been reached with Inland Revenue. There was also considerable dispute that there had been deliberate evasion as opposed to avoidance based upon the advice of accountants.

Defended the director of a company accused of making several hundred fraudulent applications for work permits. There were particularly complex issues surrounding disclosure. When the applications were successful this resulted in having to sift through hundreds of Home Office and Department of Employment files.

Defended one of a gang of prolific offenders charged with credit card fraud. City employees were targeted victims of theft in bars and their credit cards used to obtain expensive watches and jewellery. The case exposed the lack of security checks carried out by high-end retailers.

Application for certificate of inadequacy in the High Court against confiscation order made following convictions in relation to large scale drugs supply. Difficult argument arising where a “deal” had been made in the Crown Court on the amount to be subject of a confiscation order. The Defendant had mistakenly believed he had interest in property, which was subsequently challenged by the Defendant’s ex-partner. Issues arose as to whether the Crown Court could be said to have properly made findings of fact in relation to benefit figure as well as realisable assets.

Defended allegation of murder by the defendant against his partner. The case raised issues of diminished responsibility on grounds of chronic alcoholism as well as provocation. Extensive bad character applications, which were successfully challenged.

Defended series of armed robberies targeting betting shops where the Prosecution case rested almost entirely upon mobile telephone and cell site analysis evidence. Extensive argument against the imposition of an indeterminate sentence under CJA 2003.

Defending allegation of execution-style murder. Multiple defendants charged and complications arising out of cut-throat defences and cell confession alleged to have been made by defendant.

Defending allegations of historical sexual abuse dating back to the 1970s made by 3 daughters of the defendant. Complex issues arising out of disclosure as well as difficulties in tracing witnesses in such old allegations.

Defending allegations of multiple rape involving similar fact and bad character applications on matters upon which defendant previously acquitted.
 
 
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Roshnee Shah
Year Of Call
1998 LLB
Languages
Spanish
Gujerati
Affiliations
Criminal Bar Association

Lawyers for Liberty

Association of Young Fraud Lawyers

Justice

Howard League for Penal Reform

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