Chloe Birch

Call 2018

“Dedicated, organised, fiercely intelligent with brilliant judgment, has a persuasive and engaging style and is an absolute pleasure to work with”

“A credit to the Bar” (HHJ at Kingston Crown Court)

Expertise

Chloe has a busy general crime practice across the full spectrum of criminal offences as a junior and led junior.

Alongside a varied and diverse general crime practice, Chloe has a vibrant Youth Court practice and is frequently instructed in serious youth cases. She prides herself on ensuring she gets the best for every child she represents, ensuring that they can properly participate in proceedings, understand, and are heard.

Chloe has a great deal of success out-of-Court in written representations and legal argument, through her detailed case preparation, analytical and persuasive written work.

Chloe has completed the Vulnerable Witness Training programme, and the Youth Justice Legal Centre Youth Justice Training.

Notable Crime cases


General Crime

Following a return to practice in 2024, recent notable cases include:

R v L (Wood Green Crown Court)

Junior led by Jim Tilbury of Mountford Chambers.

Jim and Chloe’s client – a mother of previous good character – was unanimously acquitted of two counts of conspiracy to blackmail and two counts of conspiracy to falsely imprison after a trial involving five defendants. The prosecution alleged that Jim and Chloe’s client had been involved in a conspiracy to blackmail and falsely imprison two men who had been earlier kidnapped by other co-conspirators in an alleged kidnap plot which spanned London and Cambridge. Alleged ‘handovers’ of money by the defendant were captured on CCTV footage played during the trial. The case involving vast amounts of telephone communications involving cell-site evidence from a number of locations across England as well as ransom demand calls which included consideration of voice identification.

R v V (Snaresbrook Crown Court)

Secured acquittals of s18 and s20 GBH, coercive and controlling behaviour and assault by beating. The complainant had suffered a broken collarbone and a swollen eye which the defence accepted had been caused whilst she was at the home address of the defendant – but disputed had been as a result of any sort of criminal conduct. Chloe’s client had two previous convictions for section 20 GBH, both of which went before the jury in the course of the trial. The 8 day trial at Snaresbrook Crown Court included detailed cross-examination of the complainant and careful scrutiny of mobile phone material, which only came to light during the course of the trial.

R v J (Wood Green Crown Court)

Instructed to represent client charged with affray and possession of offensive weapon at the house of Benedict Cumberbatch (after initial arrest for burglary with intent to cause GBH). On review of security video footage which covered full alleged incident, Chloe formed the view that neither of these offences were appropriately charged. Following the preparation of written representations on both law and public interest, the prosecution offered no evidence to both counts.

Chloe’s client – who was very vulnerable – was left indicted only with criminal damage (which was admitted) and dealt with by way of fine.

R v A (Reading Crown Court)

Secured acquittal of a vulnerable female teenage defendant on trial for armed robbery after a 5 day trial at Reading Crown Court. Owing to the defendant’s vulnerabilities, successfully applied for an intermediary to be present throughout the trial to support and enable the defendant’s communication capabilities, which of course involved adaptations to the trial process and Ground Rules Hearings – before the jury unanimously acquitted.

R v G (Ipswich Crown Court)

Successfully challenged prosecution of vulnerable defendant with brain injury charged with possession with intent to supply class A drugs. Following written representations, a neuro-psychologist report and supporting evidence from brain injury charity Headway, persuaded the Crown not to proceed with prosecution.

R v K (Portsmouth Crown Court)

Secured acquittals of 5 offences of malicious communications for a vulnerable defendant with dissociative disorder.

R v N (Kingston Crown Court)

Successfully diverted Crown Court trial offences for a caution. Represented vulnerable defendant with schizoaffective disorder and significant communication impairments for offences of possession of an offensive weapon and criminal damage at trial. Secured the attendance of an intermediary for the entirety of proceedings and successfully diverted the case away from the Crown Court to alternative resolution, where the defendant received a conditional caution. In providing his observations of the case, the Judge commended both advocates as “a credit to the Bar”.

R v X (Birmingham Crown Court)

Led junior in complex trial involving numerous allegations of cruelty to three children spanning a total period of 16 years. Vast amount of medical evidence requiring input from a variety of different medical experts in respect of children and defendant. Led by Ben Hargreaves of Mountford Chambers.

R v L (Snaresbrook Crown Court)

Successful in application to dismiss case of possession of an offensive weapon: namely a crowbar. Legal argument successfully submitted that the Crown’s case could not evidence any intention to use the crowbar to cause injury. Accused maintained good character as a result of the case against him being dismissed.

R v J (Snaresbrook Crown Court)

Successfully challenged the prosecution of a young adult charged with possession of a bladed article, following positive conclusive grounds of a Modern Day Slavery finding under the NRM mechanism.

R v M (Winchester Crown Court)

Successfully challenged prosecution attempts to unlawfully resume prosecution against a defendant found unfit to plead and previously made subject to a Hospital Order. Case was stopped.

R v O (Central Criminal Court)

Secured Conditional Discharge for defendant charged with two counts of fraud, prosecuted by the Security Industry Authority (SIA) in respect of his door licence. Outcome meant the defendant was able to renew his licence and continue his career. Further made representations which successfully avoided Proceeds of Crime Act proceedings to reclaim funds obtained by fraud.

R v M (Stafford Crown Court)

Secured Suspended Sentence for 18-year-old defendant who had pleaded guilty to two counts of possession with intent to supply class A drugs.

R v A (Birmingham Crown Court)

Secured a Community Order for a defendant charged with production/cultivation of a cannabis farm. The defendant had been confirmed as a victim of modern slavery by the Single Competent Authority and avoided deportation as a result of the sentence secured.

R v M (Wood Green Crown Court)

Secured a Community Order for defendant charged with one offence of possession of an imitation firearm, one offence of possession of a noxious liquid and one offence of possession of an offensive weapon. The defendant had been found in his car with an imitation firearm, a baton, a mace pepper spray and handcuffs.

R v T (Willesden Magistrates’ Court)

Secured acquittal for defendant charged with assault of an emergency worker, in a case where he was alleged to have spat at a police officer whilst claiming to have the Coronavirus during the first Covid-19 lockdown. Cross-examined officer on the content of his contemporaneous body-worn footage and the extent to which that accorded with his evidence.

R v G (Guildford Magistrates' Court)

Secured Suspended Sentence following extensive mitigation for female defendant who had pleaded guilty to taking phones and drugs into prison.

Young People

Recent notable cases include:

R v L - (Chelmsford YC)

Successfully challenged prosecution where a youth defendant was charged with perverting the course of justice relating to an offence of murder. Through written legal argument, submitted that the contravention of PACE during the investigation process rendered any evidence obtained therein inadmissible. Following the submission of carefully constructed written representations with regard to the handling of the investigation, in combination with written legal argument on the PACE breaches, the Crown discontinued the case on both offences.

R v J (Reading YC)

Secured acquittal of youth defendant of previous good character charged with GBH after a full day trial. The complainant had suffered facial and dental injuries. Despite having no injuries himself, the defendant maintained that he had acted in self-defence when attacked by a group led by the complainant. Secured acquittal following cross-examination of 5 youth witnesses.

R v S – (Highbury Corner YC)

Issued Judicial Review proceedings in a case where the defendant had been assessed as unfit to plead and as having the mental capacity of a 7-year-old child, but the CPS continued to see fit to prosecute him for his first ever offence (of possession of a bladed article). Following several sets of written representations and finally issuing JR proceedings, the Crown reviewed their decision and discontinued proceedings meaning the defendant maintained his good character and was no longer retained in the criminal justice system.

R v T (Isleworth Crown Court)

Successfully appealed custodial sentence imposed by the Youth Court for a 15-year-old defendant convicted of an affray during the course of his second Youth Rehabilitation Order. 8-month Detention and Training Order was substituted for a Youth Rehabilitation Order with ISS and youth defendant released.

R v M (Harrow Crown Court)

Represented a youth defendant as part of an 8-handed 9-robbery case. Through written representations, tactical advice and persuasive trial advocacy reduced the charges from 9 to 3, and mitigated for a Referral Order.

R v B (Uxbridge YC)

Secured acquittal at half-time for a youth of previous good character charged with one offence of burglary following legal argument that no trespass had in fact taken place.

Road Traffic Cases

R v G (Kingston Crown Court)

Secured a Suspended Sentence for a bus driver who had crashed a red double decker bus into a railway bridge during his working hours, causing irreparable damage to the bus and damage to the railway line.

R v G (St Albans Magistrates’ Court)

Secured an absolute discharge and avoided disqualification by virtue of special reasons for a client in an extremely vulnerable medical category for Covid-19, who was convicted of having failed to provide a specimen of blood, but whilst he was below the prescribed limit for drink driving.

R v G (Stevenage Magistrates’ Court)

Defendant acquitted after full trial for the offence of being drunk in charge of a vehicle – where an off-duty police officer claimed to have seen the vehicle being driven.

Chloe is regularly instructed by Thames Valley Police in account forfeiture proceedings.

Notable Asset Forfeiture & Civil Recovery cases


The Chief Constable of Thames Valley Police v D (Crawley Magistrates’ Court) – successfully represented the applicant, obtaining the forfeiture of over £300,000 cash, which had links to the suspected trafficking of people across Europe.

SEROCU v W - Brighton Magistrates’ Court

Successfully represented the applicant – South East Regional Organised Crime Unit – in obtaining forfeiture of £175,000 found to have been laundered to/from China under the guise of providing PPE to Chinese officials during the Covid-19 crisis.

Chloe has a breadth of experience in professional discipline matters.

She is frequently instructed to appear for both regulators and registrants in proceedings.

Chloe has acted for regulated professionals before disciplinary and similar tribunals including the Nursing and Midwifery Council, the Education Workforce Council, and the Traffic Commissioner.

Notable Professional Regulation cases


NMC v H

Successfully opposed the imposition of an 18-month Interim Suspension Order for a midwife proven to have been taking unprescribed medication from their place of work.

NMC v C

Successfully opposed the imposition of an 18-month Interim Suspension Order for a nurse alleged to have made sexual advances to a colleague.

NMC v A

Acted for the NMC presenting a case involving allegations of a psychiatric nurse fraudulently claiming sums of £72,000 from the NHS Trust involved.

EWC v X

Represented teacher accused of sexual offences towards students at school with parallel criminal proceedings ongoing.

Chloe has a growing practice in public law – with experience in advising and acting for individuals and organisations alike including inquest work before the Coroner’s Court and wider involvement in the Family and County Courts.

Notable Public Law cases


Inquest touching the death of AP – represented the nurse in charge of the neo-natal Special Care Baby Unit where a baby had tragically died. The Coroner found that there were missed opportunities to prescribe and administer antibiotics throughout the early hours of his life, but that by the time the baby reached the care of Chloe’s client, it was too late for any life-saving intervention to have effect. Representation of the client involved careful scrutiny of the medical records in tandem with expert evidence. The Coroner heard that since 2019, the East Kent Hospital Trust has taken considerable steps to address a number of concerns related to the failures which led to the baby’s death.

News articles: https://www.bbc.co.uk/news/uk-england-kent-59524832 https://www.itv.com/news/meridian/2021-11-11/baby-should-have-given-antibiotics-at-kent-hospital-inquest-finds

R v S – (Highbury Corner YC)

Issued Judicial Review proceedings in a case where the defendant had been assessed as unfit to plead and as having the mental capacity of a 7-year-old child, but the CPS continued to see fit to prosecute him for his first ever offence (of possession of a bladed article). Following several sets of written representations and finally issuing JR proceedings, the Crown reviewed their decision and discontinued proceedings meaning the defendant maintained his good character and was no longer retained in the criminal justice system.

Chloe has represented Thames Valley Police in the Family Court relating to complex intra-jurisdictional issues arising from criminal investigations including cases surrounding issues of public interest immunity.

Chloe is regularly instructed to deal with civil and anti-social behaviour injunctions at the County Court. Most recently this involved representation of a young adult in respect of a civil gang injunction – where the main focus was drill music.

 

 

  • Middle Temple, Reader’s Scholarship – 2017
  • Nominated/Shortlisted and Finalist (Final 5) – “Inspirational Woman of the Year, Under 35 Lawyer of the Year” Award at the First 100 Years Project Inspirational Women In Law Awards 2020

  • Women in Criminal Law (Vice-Chair)
  • Youth Practitioners’ Association

  • Sport Resolutions Safeguarding Case Management Panel (SCMP)

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