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Jane Oldfield

Jane Oldfield

Call: 2004

Jane is currently rated in the Legal 500 as a Tier 1 leading junior on the South-Eastern Circuit in Crime, who is … hardworking, committed and determined. In the 2015 edition of Legal 500, she was described as … bright and hardworking, with exceptional judgement.

She is a persuasive advocate and an adept technical lawyer with the organisational and communication skills necessary for varied and complicated cases.  Her commitment to detailed case analysis, combined with her intellect and friendly manner, have enabled her to build a successful and diverse practice as a criminal and regulatory barrister.  She is expert at witness handling, both in examination-in-chief and cross-examination, and has a style which adapts easily to the various different forums in which she appears.

 


Crime

Jane Oldfield has built a strong all-round criminal practice. As well as accepting instructions from a number of highly respected defence firms, Jane is a Grade 3 CPS prosecutor and has also prosecuted on behalf of various public and private bodies, including the RSPCA, the Department for Business, Innovation and Skills, and local authorities. Her practice embraces the entire range of criminal conduct. She is an extremely experienced jury advocate, and has appeared before the appellate courts on numerous occasions.

As a prosecutor, Jane is fair but robust, and works well as part of a team. As a defender she is tenacious and committed, and takes very seriously the trust reposed in her by her clients.

Sexual OffencesViolent CrimeOrganised CrimeFraudProceeds of CrimeRoad Traffic

Jane is regularly instructed for both the prosecution and the defence in cases of serious sexual offences, involving both adults and children. She is on the CPS Rape Panel, and her wide experience encompasses offences of rape, sexual assaults, inciting a child to engage in sexual activity, brothel-keeping, grooming and indecent images, amongst others.

Jane has regularly mounted and defended arguments relating to s.41 cross-examination about a complainant’s sexual history, abuse of process based on delay, hearsay and bad character.

She is an approachable advocate who possesses excellent judgment. She is committed to providing first class client care and is particularly strong in working with vulnerable witnesses.

  • R v DA, EC & ZT (2017) Prosecuted three defendants involved in running brothels, one of whom was also convicted of sexual offences against sex workers. (Led Jnr.)
  • R v PT (2017) Prosecuted a serving prisoner for further serious (historic) sexual offences against two young boys. Received life imprisonment.
  • R v SB (2016) Represented a young woman for assault by penetration offences against her best friend after a night out.
  • R v LC (2016) Represented a defendant accused of rape of an ex-girlfriend and of his 13-year-old sister. R v W (2016] Forthcoming prosecution of a 21-year-old charged with two counts of rape against a vulnerable young woman; one alleged to have taken place when the complainant was 14, the other soon after her 16th birthday.
  • R v MS (2014) Represented a 64-year-old man accused of committing serious historic sexual offences against young boys in the 1970s and 1980s when he ran an extra-curricular cycling club.

From privately-instructed magistrates’ court trials for battery  to the most serious offences of s.18 grievous bodily harm and attempted murder, violent crime remains a staple of Jane’s practice. She has also developed a specialism in prosecuting incidents of large-scale public disorder.

With experience ranging from successfully applying to read the complainant’s statement as hearsay in a prosecution for domestic violence, to persuading a reluctant judge not to send her university student client to prison, Jane is adept at all aspects of advocacy in every kind of violent crime.

  • R v TP & KS (2017) Prosecution of parents accused of causing or allowing serious injury to their three-month-old baby.
  • R v LW & AS (2016) Prosecuted two defendants for coercive behaviour towards their daughter/partner.
  • R v SC (2016) Successful defence of accident to an allegation of stabbing an ex-partner in the stomach and hands.
  • R v IM, DB, MM, DO, YI-S, YS & TJ (2015) Prosecution of seven individuals for violent disorder arising from participation in the 2014 Million Mask March in central London, in the course of which metal barriers were thrown at police and at buildings such as the BBC.
  • R v RH (2015) Successful defence of an alleged violent attempted robbery whilst in possession of a firearm.

Over the years, Jane has been instructed in a number of cases involving large-scale drugs supply and importation, people smuggling and sham marriages, both on her own and as a led junior. Through prosecuting such cases, she has become familiar with dealing with sensitive disclosure and the difficulties that can arise with such material. Jane has also developed strong tactical skills whilst defending in cases which involve sensitive material.

  • Operation Erasure (2015) Prosecuted various defendants for supply or possession with intent to supply Class A drugs arising from an undercover police operation in the Southend area. | Read press story |
  • R v CM (2014) Large-scale conspiracy to supply enormous quantities of cocaine, amphetamine and cannabis and to launder the proceeds. The drugs were smuggled in the back of lorries carrying fruit and vegetables: cash seized exceeded £1m. The case involved significant legal argument including a successful technical argument on the scope of the European Arrest Warrant and arguments as to bad character and hearsay. (Def. Jnr.)  Press Links: Mirror | The Daily Mail
  • R v L, S & J (2012) Instructed by the CPS Complex Casework Unit to prosecute three defendants for conducting and organising sham marriages to contravene immigration restrictions. Reduced significant amounts of evidence into comprehensive schedules for presentation to the jury. (Led Jnr.)  Press Links: BBC | Sky News

Jane has considerable experience in prosecuting and defending fraud and other dishonesty cases of all kinds, from large-scale identity fraud to offences contrary to the Insolvency Act. She is currently instructed by the Serious Fraud Office.  Jane is highly skilled in the essential elements of a fraud practice – she is able to marshal large amounts of evidence, distil it into a workable and comprehensible form and home in on the key issues. Her eye for detail and meticulous preparation have brought her considerable success in prosecuting and defending serious fraud and corporate crime.

  • R v H (2017)  Acting for the Crown in the forthcoming prosecution of a police officer accused of stealing large sums of cash seized from suspects at Heathrow Airport. | Read press story |
  • SFO v RK (2016) Successful prosecution of a suspect in an SFO corruption case for deliberately disposing of two mobile phones. (Led Jnr.)
  • R v J & S (2016) Prosecuted three defendants in a complicated money laundering and mortgage fraud.
  • R v S & others (2015) Alleged multi-handed, million-pound property investment fraud. The defendants were said to have stolen money from a number of senior police officer investors and to have committed mortgage fraud. After significant legal argument regarding admissibility of evidence and abuse of process, the majority of the evidence was excluded on the main counts, and the prosecution offered no evidence. (Def. Jnr.)

Jane has built up considerable experience in complicated confiscation proceedings and is well-versed in the Proceeds of Crime Act (POCA), the Drug Trafficking Act (DTA) and Criminal Justice Act (CJA) confiscation regimes as well as the restraint legislative framework. She has advised on the impact of property freezing orders, restraint orders, management receivership orders and confiscation orders upon the recovery of debt by a local authority. She has drafted s.17 POCA defendant’s responses and has also represented clients in contested cash forfeiture proceedings.

Jane has lectured extensively on confiscation and restraint, most recently at Lambeth Council. She has a wide knowledge base and considerable hands-on experience of proceeds of crime work.

  • R v DA (2015) Appeared in confiscation following conviction for stealing approximately £250k. Involved complicated questions of recovery: the main asset was the family home where the defendant’s ex-wife and 6 children resided.
  • R v AV (2014) Led defence junior in contested confiscation where the prosecution sought £1m from copyright-infringing films and TV programmes. Following a 4 day hearing, the order was limited to approximately £80,000. | Read press story |
  • R v JK & L Ltd (2014) Defence junior in confiscation against a limited company and its director arising from profits made from renting out flats constructed without planning permission and in breach of an enforcement notice. | Read press story |

Defence

Jane has a strong practice defending in private road traffic cases of all kinds. She gives fair, realistic advice on the law and prospects of success. She has a wide knowledge of road traffic case law and the myriad of defences available.

Jane understands the paramount importance of road traffic cases for those whose livelihood depends on their own and their employees’ driving records, as well as the implications that a conviction can have on licensing and standing with the Traffic Commissioners.

  • R v DD (2015) A favourable sentence for an individual who worked in the transport industry and was charged with driving with excess alcohol.
  • R v RMS Ltd (2015) Represented a waste management haulage company for use of a vehicle without an operator’s licence.
  • R v NPC (2013) Acquittal of a coach company charged with two offences of failing to notify driver details.

Prosecution

Jane also prosecutes in serious road traffic offences resulting in death.

  • R v RS (2017) A lorry driver for causing two deaths by dangerous driving. Involved difficult legal issues of automatism.
  • R v JR (2017) Causing death by careless driving whilst unfit through drink.

Professional Disciplinary & Regulatory

A large part of Jane’s practice is dedicated to regulatory work, in healthcare regulation and in criminal regulatory cases. She has an impressive ability to master even the most technical of concepts, which has stood her in excellent stead when presenting allegations of clinical misconduct against a doctor, understanding clinical allegations made against her registrant clients, cross-examining experts of all specialisms, and, in one instance, constructing an argument on causation based upon the structure of heavy machinery.

Jane has acted for Ipswich Borough Council in obtaining civil closure orders under the Anti-Social Behaviour Act 2003 at the Magistrates’ Court. Given the emergency nature of these applications, she is briefed not more than 48 hours before each hearing. Jane has also appeared in quasi-criminal applications in the magistrates’ and Crown Court, such as applications for Football Banning Orders and Anti-Social Behaviour Orders, which incorporate both civil and criminal rules of evidence.

HealthcareHealth & Safety and Environment

In 2013 Jane completed a nine-month secondment at the General Medical Council as an in-house Legal Advisor with a caseload of close to 30 active investigations. Having demonstrated her ability to handle complex cases and provide sound advice, she now receives regular instructions from the GMC to appear before the Medical Practitioners’ Tribunal Service (MPTS). She also acts for the Health and Care Professions Council.

Jane also defends in regulatory proceedings. In particular, she regularly represents registrant nurses before the Committees (now one Committee) of the Nursing and Midwifery Council and has appeared to defend before the Health and Care Professions Council and the General Osteopathic Council.

  • GOsC v TV (2017) Defence of an osteopath accused of clinical misconduct, data protection breaches and failing to properly obtain consent. Expert evidence called by both sides.
  • HCPC v RC (2017) For the HCPC: allegations against a paramedic for driving a marked ambulance car at excessive speeds.
  • HCPC v CB (2017) Represented a physiotherapist re allegations of dishonesty and poor record-keeping. Despite factual admissions made, no misconduct found proved.
  • GMC v Dr J (2016) For the GMC: allegations of sexual misconduct against two patients.
  • NMC v DC (2016) Defence of an NHS Direct nurse accused of multiple allegations of clinical misconduct, including an allegation of contributing to the death of a child.
  • GMC v Dr A (2016) For the GMC: multiple allegations of clinical misconduct, dishonesty, breach of interim conditions and serious attitudinal and communication failings.

As a List C Specialist Regulatory Advocate in Health and Safety and Environmental Law, Jane has considerable experience of criminal regulatory prosecution. Her skill-set is well-suited to the technical analysis required for this niche area of work.
Jane has often acted for local authorities in prosecutions under the Environmental Protection Act 1990 (e.g. disposal of waste and breach of enforcement notices) and the Food Safety Act 1990. Jane provides advice at every stage of proceedings and assists in directing the course of the investigation and prosecution within this specialist area of work.

  • R v JM (2017) Advised a client re allegations brought by the Environment Agency of operating a waste facility without a permit.
  • HSE v F Ltd (2015) Led junior prosecuting a multi-national corporation charged with breaching its duty to non-employees. Part of the transport system for a wind turbine blade fell, killing one and seriously injuring another construction worker. Succeeded in marshalling witnesses from all over the world to give evidence via Skype: the company was convicted.  | Read press story |
  • R v A & A (2014) Prosecuted for a local authority for breach of a planning enforcement notice. Successfully opposed an abuse of process argument and application to dismiss, on complicated and novel legal points about interpretation of planning permissions, ‘change of use’ and validity of the enforcement notice. The rulings were later upheld on appeal.
  • R v T (2012) Represented South Cambridgeshire District Council in the prosecution of an individual for managing an unlicensed House in Multiple Occupancy contrary to the Housing Act. The property was badly maintained and judged by the Fire Department to be a fire hazard.

 

International Representation

Extradition

Jane has appeared in extradition cases both at first instance and before the High Court on appeal, and has experience of the complex legal arguments and thorny factual issues which can arise.

  • Germany v DJ (2015) Appeared in the magistrates’ court and in the Administrative Court to oppose the extradition on human rights grounds a British national accused of large-scale tax fraud.
  • France v BF (2009) Represented a British national, whose extradition was sought by French authorities for murder (or equivalent). Opposed extradition on the grounds of delay at first instance and in the Administrative Court.

Recommendations

Jane has been described as:

  • “hardworking, committed and determined.” Legal 500 2016
  • “Bright and hardworking, with exceptional judgement.”Legal 500 2015
  • “Client-friendly, and noted for her meticulous preparation.”Legal 500 2014
  • “An accomplished and tenacious advocate.” Legal 500 2013
  • “Extremely hardworking, focussed and effective.”Legal 500 2012
  • “An up and coming junior who makes clients “feel at ease as well as have the utmost confidence in her advice, which is of the highest standard.”Legal 500 2011


Education

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2:1 BA (Hons) Modern Languages, Oxford University

Commendation GDL (CPE) : City University

Very Competent : BVC : City University

Middle Temple

Memberships

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South Eastern Circuit

Association of Regulatory and Disciplinary Lawyers

Health and Safety Lawyers’ Association (HSLA)

Criminal Bar Association

 

Professional Appointments

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2015 CPS Rape Panel Advocate

2013 SFO Counsel Panel List

2013 General Medical Council (GMC) List of Counsel

2012 Health & Safety Executive (HSE), Office of the Rail Regulator (ORR) & Environment Agency Regulatory List C

2012 CPS Panel Advocate (Grade 3)

Public Access Barrister

Pupil Supervisor

Languages

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Spanish (fluent)

French (conversational)