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Rachel Naylor

Rachel Naylor

Call: 2010

Rachel defends and prosecutes in the full range of criminal work with a developing focus on financial crime, particularly in the context of large, multi-handed cases. Rachel is now building on her experience of dealing with complex, document-heavy cases by developing her practice in the field of Inquiry law.

Rachel combines an eye for detail and meticulous preparation with clear, tactically prudent advice.


Crime

Rachel’s practice encompasses the full range of criminal work, both prosecuting and defending. In recent years she has developed particular experience of financial crime, having been instructed in a series of document-heavy, multi-handed cases and has extensive knowledge of the disclosure regime. Rachel also represents the Department for Business, Energy and Strategy (BEIS) in insolvency offences.

Before the Bar, Rachel acted as an Appropriate Adult for a London Borough Council, attending police stations to assist detainees suffering from mental health problems and learning difficulties.

Fraud & Corporate CrimeViolent CrimeGeneral CrimeSexual OffencesRoad Traffic Offences

Rachel has experience in a wide spectrum of fraud cases, particularly large, multi-handed cases. She has considerable experience as disclosure Counsel in applying the disclosure regime to large and complex cases.

  • R v David Mills & Others (Op. Hornet) (2014 – 2017) Junior prosecution and disclosure counsel in a multi-handed, £250m high-profile prosecution involving allegations of corruption and fraudulent trading between managers at HBOS and leading figures of the UK business community, resulting from a 5-year investigation. Played an active part in the 5-month trial, including witness handing, drafting admissions and drafting parts of the closing speech.                Press Links: The Guardian
  • R v Hayes (LIBOR 1) (2013-2014) Instructed by the SFO as part of the disclosure team.
  • Tchenguiz (2013) Instructed by the in-house legal team to Vincent Tchenquiz bringing a damages claim against the SFO and others, arising out of an allegation of fraud relating to the collapse of an Icelandic bank.
  • V Ltd (2012) Assisted in a case in the VAT Tribunal relating to an alleged multi-million pound carousel fraud.

Rachel has experience in defending and prosecuting violent crime, from common assault to assault occasioning grievous bodily harm. She has undertaken a variety of cases, including those involving domestic violence, youths, and defendants charged with offences in the course of their employment.

  • R v S (2016) Successfully defended a care worker charged with ill-treating a person in his care who lacked capacity, by attempting to suffocate her. A colleague gave eye-witness evidence for the prosecution.
  • R v C (2015) Defended a teacher charged with assaulting a ten-year old autistic pupil. The pupil was assisted by an intermediary at trial, his mother gave evidence of recent complaint and two of the defendant’s colleagues gave eye-witness evidence for the prosecution. Defendant acquitted.
  • R v F (2014) Secured the acquittal of a prison officer charged with assaulting a prisoner by punching him twice. The incident was captured on CCTV and the proceedings involved legal argument as to the admissibility of expert evidence.

Rachel practices in the full range of criminal work, including drugs, dangerous dogs and firearms offences. She has experience in dealing with fitness to plead, Hospital Orders under the Mental Health Act, quasi-criminal matters such as ASBO applications, and advising clients in relation to planning matters charged under the Town and Country Planning Act 1990.

  • R v G-B (2013) Successfully argued exceptional circumstances so as to bring the sentence for possession of a prohibited firearm below the 5-year statutory minimum.
  • R v R (2012) Represented a prison officer charged with conveying a list B article into custody and misconduct in public office, as a result of forming a relationship with a prisoner at the Young Offenders’ Institute in which she worked.

Rachel has experience in cases involving sexual offences and deals sensitively and effectively with both defendants and complainants.

  • R v A-R (2017) Successfully resisted an abuse of process argument and s.78 application on the basis of entrapment, relating to a group of males who pose as children online, post sexually explicit content, and then arrange to meet the respondents. The legal argument lasted one day and involved live evidence.
  • R v D (2016) Represented a client who pleaded guilty to 13 counts including sexual assault and assault of children under 13 by penetration and voyeurism against his daughter and step-daughter.
  • R v M (2013) Successfully defended a teacher charged with sexually assaulting another teacher, where the prosecution adduced evidence of recent complaint.

Rachel has considerable experience in defending road traffic offences and can offer advice from initial first appearance to trial. She has successfully defended in special reasons hearings, exceptional hardship arguments, trials and appeals to the Crown Court. She has regularly represented bus, train and tram drivers charged with driving offences in the course of their employment. Rachel also has experience before the Tribunal of the Traffic Commissioner.

  • R v C (2013) Successfully defended a bus driver charged with careless driving, where a young boy’s foot was caught in the door of his bus, causing the boy to fall and be dragged along the road while he drove.
  • R v E (Tribunal of the Traffic Commissioner) (2013) HGV driver permitted to retain his licence having caused half a million pounds of damage to a major road.

Inquiries & Appellate Work

Rachel is currently developing her experience in the field of public inquiries, having been instructed in the Undercover Policing Inquiry.

  • Undercover Policing Inquiry (2017, ongoing) Supporting junior counsel with particular focus on Module 2 (examining systemic issues surrounding the operation and supervision of undercover policing from 1968 to the present). Includes consideration of restriction orders, requesting and obtaining evidence (using rule 9 of the Inquiry Rules 2006 and section 21 of the Inquiries Act 2005) and analysing the evidence obtained during the investigation stage.

 


Education

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2009-2010 Bar Vocational Course, BPP

2006-2009 BA (Hons) Jurisprudence, Exeter College, Oxford

Memberships

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Criminal Bar Association

South Eastern Circuit

 

 

Professional Appointments

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2016 Grade 2 Advocate on the CPS General Crime Panel

Awards

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2011 Hubert Greenland Scholarship, Lincoln’s Inn

2009 Lord Denning Scholar, Lincon’s Inn (major scholarship)

2009 Hardwicke Entrance Award, Lincoln’s Inn