We are thrilled to announce Hannah Fairbrother as the latest addition to our Private Crime Team in Edinburgh.
A first-class graduate from Dundee University, Hannah joins us with an impressive academic background. Her two years of experience in criminal law as a trainee have given her a strong foundation in the field and a keen insight into the complexities of the legal system.
As a newly qualified solicitor, Hannah is looking forward to continuing honing her skills and knowledge at our firm. She is deeply committed to delivering valuable legal counsel to our clients, and we are confident that her fresh perspective will be an invaluable asset to our team.
From Neil Hay, Criminal Law Partner:
“We are delighted to have Hannah join our Private Crime Team. Her exemplary academic record and experience as a trainee make her a great fit for our team. We look forward to supporting her as she continues to grow and excel in her career.”
From Hannah:
“I am honoured to join the talented team at Levy and McRae. It’s a privilege to work alongside such skilled professionals, and I am eager to contribute my knowledge to help our clients navigate the intricacies of the Scottish criminal justice system.”
Our client’s conviction for a sexual offence, which was imposed after a summary trial at Edinburgh Sheriff Court, has been overturned and quashed by the Sheriff Appeal Court in Scotland, as per a recent decision. Our firm’s persistence in submitting CCTV footage for the Appeal Court to review was crucial in reaching this decision.
The trial took place on 11 July 2022. Following evidence, our client was found guilty as libelled. Submissions were made by Andrew Seggie, defending, that in the overall context the touching could not be seen to be sexual given that the accused had no prior contact with the complainer.
An application for a Stated Case was lodged timeously. This is the process whereby the Sheriff provides a written account as to the reasons for convicting the accused. Once received, after a period of adjustments, the Appeal against conviction and sentence was lodged with the Sheriff Appeal Court. The court initially “sifts” through all appeals to determine whether the appeal is of sufficient substance in law to merit an appeal hearing. At this stage the appeal was refused with the reasons given by the presiding Sheriff being:
At this stage we consulted further with Senior Counsel and consequently lodged a further appeal to the Second Sift. At this stage we took the step of seeking to lodge the CCTV footage from the original trial to assist the appeal process.
Lodging such evidence was not without its difficulties as it is the norm at this stage for the appeal process to focus solely on the Stated Case written material. We were, however, successful in doing so.
On 21 March 2023, the Second Sift allowed the appeal to proceed to a Hearing on the basis that “on viewing the CCTV, the appeal is arguable”.
On 18 April 2023, the Appeal Hearing took place. Edward Targowski KC was instructed to represent our client. After hearing submissions, including viewing of the CCTV evidence, the Appeal Court Sheriffs quashed the conviction and sentence on the basis that the Sheriff at trial had “erred in their failure to take into account all relevant circumstances” and thus sustained the appeal.
Conclusion
This was a particularly anxious matter for the accused, as it would be for any person faced with such an allegation. The conviction had been widely reported and we were pleased to see the quashing of the conviction also being covered by the media.
At Levy and McRae we tirelessly represent every client who entrusts us with the crucially important role of protecting their liberty and reputation. We will pursue every route and remedy available to us, as evidenced in the successful outcome achieved in this instance.
Senior partner David McKie has questioned the proposal to abolish the Not Proven verdict announced today by the Scottish government and is quoted extensively in the media:
David commented:
“The ‘not proven’ verdict has been a vital cornerstone of the Scottish justice system for centuries. It is grounded in ensuring a fundamental pillar of the trial process – that the Crown proves its case beyond reasonable doubt.
“I see no reason to abolish the verdict and am concerned at what appears a further erosion of the rights of an accused person in this country. A judge or a jury is perfectly capable of understanding the distinction in each case and to reach a verdict based on the unique circumstances they face. I am not convinced this will do anything to help victims or complainers at all.”
Levy & McRae’s Criminal Law Department continues to go from strength to strength with the incorporation of another top private criminal law team. Solicitor-Advocate Neil Hay brings with him his core legal team of Associate Solicitor Andrew Seggie and Legal Team PA Michelle McKinnon from one of Scotland’s foremost private criminal law firms. The move is part of Levy & McRae’s ongoing commitment to delivering the highest client service. The new team will be Edinburgh-based but will work across the whole of Scotland and throughout the United Kingdom. The hire also means that the firm has a stronger presence in London where they hope to extend their links further.
A specialist in private criminal law, Neil Hay has a long professional association with the firm that goes back almost 25 years and has worked in partnership with the Levy & McRae on a number of cases. He specialises in all aspects of criminal law, including complex regulatory crime, fraud and financial crime, historical allegations and road traffic cases; he is particularly highly regarded for his expertise in defending serious sexual and domestic crime cases. Neil has an extensive high-net-worth individual caseload and is trusted by referral firms from across the UK, including magic circle firms, to handle some of the most complex and demanding reputational cases in and out of court – for individuals, organisations and corporations alike.
Andrew Seggie specialises in all areas of criminal law including domestic abuse offences, sexual offences, assault, offences under the Misuse of Drugs Act, road traffic offences and proceedings brought under the Proceeds of Crime Act. Like Neil too, Andrew’s work often involves the most challenging cross-jurisdictional matters and historical allegations.
The firm also announced the promotion of Ray Gribben to Legal Director.
David McKie, Senior Partner, said: ‘I am delighted to welcome Neil and his team to Levy & McRae. Our firm has a long history of undertaking high quality criminal defence work and Neil’s reputation is exemplary in that field. I am particularly delighted too that we are opening in Edinburgh for the first time I’d like to congratulate Ray too on his well deserved promotion’
Neil Hay said: ‘It is a great pleasure to join the team at Levy & McRae. It is a firm I have known and admired for many years and look forward to developing my practice in exciting and vibrant legal firm’
