Kate Eleanor Fortescue
CALLED TO BAR: 2004
INN OF COURT: Middle Temple
EDUCATION: BA (Hons) History and Politics Newcastle University, BVC and GDL (commendation) BBP Law School
PRACTICE AREAS: Criminal, Prison Law, Courts Martial, Civil and Family

• Member of the Criminal Bar Association
• Member of the Western Circuit

For further information, please contact clerks@2kbw.com or ring 0207 353 1746. Alternatively, use the secure email clerks@2kbw.com.cjsm.net

Kate Fortescue joined chambers in 2005.  Since then she has built up a successful practice specialising in criminal law, prison law, judicial review and courts martial.

Her criminal work involves jury trials in the Crown Court and representing clients in the Court of Appeal.  Her written advisory work includes advice on plea, abuse of process, appeal against conviction and sentence, and appeal by way of case stated and judicial review.

She represents private and publicly funded clients in a range of matters including fraud, sexual and violent offences, burglary and drugs related offences.  She is also a Grade 2 Crown Prosecutor instructed regularly by the Crown Prosecution Service in London and on the Western Circuit.

Kate's prison law work involves representing prisoners at parole hearings and licence recall hearings in front of the Parole Board.  She also advises prisoners on a range of prison law matters including recall, release, prison conditions, appeals (new evidence and issues), and judicial review of decisions made by the Parole Board and the Secretary of State.  She has appeared in the Administrative Court on behalf of clients, judicially reviewing decisions of the Parole Board and Secretary of State.

Kate also appears on behalf of military and navy personnel in Courts Martial hearings.

She has recently had a number of high profile, reported cases in the High Court.  These include the case of Chaney v R. [2009] EWCA Crim 21, an important case in relation to identification procedures from CCTV and Dewar v DPP [2010] All ER (D) 83 (Jan) where she succeeded in getting her client's conviciton for ABH overturned.  In this case, which involved the legal issue of 'self defence', Lord Justice Collins and Mr Justice Silber agreed that the Crown Court's reasons for Mr Dewar's conviction were individually, and cumulatively, inadequate and wrong and could not justify the finding of guilt.

A further high profile case was in the Court of Appeal, Criminal Division. In R v Keane and Ors [2010] EWCA Crim 2514, Kate appeared on behalf of the Crown and was given the return brief the night before. The case involved an appeal by the Defence who argued the judge misdirected the jury in relation to self-defence. It also involved s76 of the Criminal Justice and Immigration Act which set out statutory provisions for the defence of self-defence for the first time, the Court considered the effect of the statutory provisions on the common law defence. She won the appeal and was commended by Lord Justice Hughes (vice President of the Court of Appeal criminal division) for "clear, focused and concise submissions despite coming into the case extremely recently".

Other recent cases include:

• R v P - Defending a young man accused of raping his step-sister on three occasions.
• R v S - Defending an accountant accused of stealing £60,000 from his employers.
• R v S - Defending a mother of three children accused of benefit fraud of £150,000 over seven years.
• R v M - Prosecuting a Dangerous Driving case which involved racing on the motorway.
• R v D&D - Prosecuting a two handed matter involving two brothers who committed GBH and witness intimidation.
• R v L - Defending in a muti-handed violent disorder matter with 3 co-defendants.