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Elaine Freer

Elaine joined chambers in October 2016, following the successful completion of her pupillage.

Elaine is a member of the CPS Advocates Panel at Grade Two and a member of the Government Legal Department's 'Junior Junior' scheme. She has been instructed to prosecute on behalf of BEIS, Afterthefact, Croydon Borough Council and Brent Trading Standards. She defends in a wide range of matters in both the Magistrates’ and Crown Courts, and has appeared before the Court of Appeal.

During pupillage she defended in a range of criminal matters, and away from court, she worked on disclosure in Operation Hornet, a large-scale fraud tried in autumn 2016.

Prior to pupillage Elaine completed a PhD at Keele University on an ACORN scholarship in September 2015. This was jointly funded by The Honourable Society of the Inner Temple and Keele University, examining the extent to which a professional organisation such as an Inn of Court could influence its profession’s demographic. The research focussed on the provision by Inner Temple of the Pegasus Access and Support Scheme, a scheme aiming to increase socio-economic diversity amongst new entrants to the profession through the provision of work experience in the form of mini-pupillages. A book based on the resulting PhD thesis was published in March 2018 by Routledge.

Elaine combined her PhD with being a College Teaching Associate at Robinson College, Cambridge where she supervised undergraduates in Criminal Law and Criminology, Sentencing and the Penal System. In October 2016 she returned to Robinson on a part-time basis. She combines practice with being a Fellow and part-time College Teaching Officer in Law. She has been on the defence advocate panel for students accused of disciplinary offences at Cambridge and is particularly interested in the crossover between disciplinary and criminal proceedings in these matters.

Notable cases

R v G – High Wycombe MC – successful submission of no case to answer on one charge of fly-tipping. Council found a cardboard box belonging to the defendant in a layby. Full account given in interview that this was along a route that he had driven when moving house using an open-back truck. Dismissed at close of Prosecution case.  

HCPC v C – HCPC – paramedic client accused of misconduct on basis of dishonestly claiming sick pay whilst receiving other income. Accepted that she received the sick pay and income, but denied dishonesty, and denied misconduct. Panel found misconduct not proven.

R v M – Isleworth CC – D acquitted of theft of £1.5m of Samsung electronics from Heathrow cargo depot. He insisted he had no knowledge of what he had been sent to collect, and simply delivered it to another. Convicted on lesser charge of fraud by false representation relating to the documents he used to have the cargo released to him - given an SSO.

R v S – Court of Appeal (Criminal Division) - Appeal against sentence in an indecent images case. Having been refused leave by the Single Judge, successfully argued before the full Court that the Sexual Harm Prevention Order imposed was manifestly excessive and wrong in principle.

R v K – Aylesbury CC - Using the precedent of R v N Ltd, successfully made a submission of no case to answer on a charge of dangerous driving before a jury had been empanelled on the basis of the observing officers’ statements. The client had already pleaded to a charge of careless driving.

R v K & N – Croydon MC – D (a youth) was charged with one count of common assault against store security guards and one of criminal damage to the store. Cross-examination uncovered corroboration between Crown witnesses which led to a successful application to exclude their evidence under s78 at the close of the Pros case. This meant that there was no case to answer on the assault. The incident leading to the criminal damage charge was shown on CCTV, but after giving evidence the Defendant was acquitted on the basis of lawful excuse.

R v F – Chelmsford CC - D had breached an SSO (20 months suspended for 24 months) imposed on her in July 2015 for assault PC and threats to kill against her ex-partner and young daughters. During the operational period she was arrested for being drunk and disorderly and assaulted 2 arresting PCs. The Court’s options in relation to the SSO were limited as the operational period was already at its maximum. Successfully argued for the SSO not to be activated - 30 RAR days were added to the existing SSO, and a Community Order was imposed for the new offences.

R v H – Feltham MC – D was charged with stealing a bike, with the entire incident captured on CCTV. Secured an acquittal by successfully challenging the Crown’s identification evidence of two police officers, including one who was a ‘super-recogniser’. 

Appointments / Professional

Elaine was Called by Lincoln’s Inn, and is also an ad eundum member of Inner Temple, where she sits on their Outreach Committee.

In May 2019 Elaine published a practitioners’ guide with Bloomsbury Professional on ancillary orders in criminal proceedings.

Qualifications

2016: PhD (Keele)

2012: MPhil Criminology (Cantab)

2011: BPTC (Kaplan Law School)

2010: BA (Hons) Law (Cantab)

Scholarships

Hardwicke Entrance Scholarship (Lincoln’s Inn)

Lord Denning Scholarship 2010/2011 (Lincoln’s Inn)

Cloth Fair Scholarship 2011 (Kalisher Trust)

Levitt Pupillage Scholarship 2015 (Lincoln’s Inn)

Elaine Freer
Elaine Freer’s invaluable guide to ancillary orders in the criminal courts is reflective of her approach to cases in general. She presents complex material attractively, applying intellectual rigour to the real world of criminal practice.
Call: 2011
VAT number: 256138794
Bar council number: 22565