Giles Fleming
Giles joined Chambers in 2017, and took tenancy in June 2018. He prosecutes and defends in the Magistrates, Youth and Crown Court, and has also had success in the Court of Appeal. He is a firm believer in the advantages of a mixed practice, using the experience and knowledge gained when prosecuting to his clients’ advantage when defending, and vice versa. He is on the CPS advocates panel (at level 2), as well as prosecuting for local authorities. He advises pre-charge as well as during the course of proceedings.
Giles has experience with fraud cases at all levels. During pupillage, he worked with the team prosecuting the LIBOR and EURIBOR litigation. He is currently instructed on behalf of a large mining company facing a possible SFO prosecution for corruption, in which he has worked on a range of issues, ranging from abuse of process and the “adequate procedures” defence under s7 of the Bribery Act, to data management (a substantial issue in a case which has been under investigation for almost a decade). When instructed alone, he has successfully defended a client accused of conspiracy to commit a £270,00 romance fraud.
Giles also has a particular interest in modern slavery and human trafficking. He was involved in the leading case of R v Joseph & Others [2017] EWCA Crim 36 on the defences available to victims of human trafficking; and as a result also assisted in the preparation of the practitioner text Human Trafficking and Modern Slavery: Law and Practice (Southwell, Brewer and Douglas-Jones), focussing in that context on the prosecution of the perpetrators of trafficking.
Beyond criminal work, he also has experience before the Parole Board and in the Coroner’s Court.
Areas of practice
Associations and memberships
- CPS Level 2 prosecutor
- Member of the Criminal Bar Association
- Member of Grays Inn
- Member of the Howard League for Penal Reform
Qualifications, scholarships and prizes
- 2017 Gray’s Inn – Ann Felicity Goddard pupillage scholarship
- 2016 Gray’s Inn – Norman Tapp mooting prize 2016 BPP University – BPTC (Outstanding)
- 2015 BPP University – GDL (Distinction)
- Winner of GDL and LLB mooting competition
- Awarded Excellence Scholarship for BPTC - 2012 University of Cambridge – MPhil Theology
- 2011 University of Cambridge – BA Theology (Double first)
Notable cases
COURT OF APPEAL
R v K (Court of Appeal, 2018) – Achieved substantial reduction in sentence for a client with serious mental health difficulties, who had pleaded guilty to an offence of ABH committed while he was on life license. Sentence reduced from 21 months to 12 months.
CROWN COURT
R v Y (Cambridge Crown Court, 2020) – ongoing defence in a case alleging 16 counts of burglary and attempted burglary, with evidence from multiple expert disciplines.
R v W (Southwark Crown Court, 2019 – 2020) – ongoing defence of a client arising out of a stolen vehicle being crashed on the Euston Road. Hung jury after the first trial, with a retrial expected.
R v K (Guildford Crown Court, 2019) – Represented the first defendant in a multi-handed trial for conspiracy to commit fraud, arising out of a “romance” fraud in which the two identified victims had lost more than £270,000 over the course of several months. Trial listed for three weeks, but secured acquittal on a submission of no case to answer at the close of the prosecution case.
R v M (Cambridge Crown Court, 2019) – Contested a final hearing in confiscation proceedings under POCA. After evidence from the defendant and his partner, the judge accepted the defence case on all assets, and made a nominal order.
R v K (Lincoln Crown Court, 2019) – Secured acquittal after trial of a client charged with ABH in a 5-handed case.
R v P (Northampton Crown Court, 2018) – Defended a client charged with robbery. Case involved the cross-examination of a vulnerable complainant who was assisted by an intermediary.
R v I (Blackfriars Crown Court, 2018) – Secured acquittal for a client charged with breaching a restraining order by contacting and visiting his ex-partner, despite evidence of several previous breaches being adduced before the jury. Successfully argued to exclude phone evidence showing contact by text message.
SUMMARY MATTERS
R v P (Cambridge and Huntingdon Magistrates’ Courts, 2019) – Represented a defendant (who had been found to be unfit to plead) in a series of separate trials of the facts. Despite determinations that he had done the acts alleged, client received an absolute discharge on all matters which had been the subject of such hearings.
R v T (Willesden Magistrates’ Court, 2019) – Secured acquittals for a client charged with 6 offences of stalking, breach of restraining order, and assault. 4 days of evidence, on dates spread over the course of 6 months, required careful management. Successfully applied to the County Court for permission to use material from separate family proceedings in the client’s defence. Client acquitted on all counts, despite CCTV which appeared to show him driving his car into the complainant of the alleged assault.
R v S (St Albans Youth Court, 2018) – Represented a client charged with arson at a petrol station, who was assisted at court by an intermediary.
R v I (Highbury Corner Magistrates’ Court, 2018) – Achieved acquittal for a client charged with being drunk in charge of a minor, despite extensive video evidence of client’s demeanour.
R v D (Northampton Magistrates Court, 2017) – Persuaded court not to impose the mandatory minimum sentence for a second offence of possession of a bladed article. The client, who had been suspected of drug dealing, explained that he had forgotten he had the knife after a fishing trip the previous night.
R v B and others (Reading Youth Court, 2017) – Multi-handed youth robbery trial. Involved cross-examination of four complainants each aged 13. Client acquitted.
MOTORING OFFENCES
R v A (Norwich Crown Court, 2019) – avoided immediate custody for a defendant who had pleaded guilty to dangerous driving, aggravated vehicle taking, and drink driving.
R v M (Reading Crown Court, 2018) – Successful appeal against sentence for a professional bus driver who attended for work more than 3 times over the drink-drive limit, and drove into equipment and colleagues. Immediate custodial sentence imposed in the lower court reduced in length and suspended.
R v C (Peterborough Magistrates' Court, 2018) – secured acquittal after trial for a director of a business, charged with aiding, abetting, counselling or procuring an offence of dangerous driving committed by an employee.
R v F (Peterborough Magistrates' Court, 2018) – represented an airline pilot at trial for a careless driving offence, concerning a high-speed collision on the A1.
INQUESTS
Re: T (Northampton Coroner’s Court, 2020) – Represented an interested party at an inquest arising out of a fatal light aircraft crash. The aircraft, a restored 1950s military reconnaissance plane, had recently been approved as airworthy by an inspector overseen by the interested party.
PAROLE BOARD
Re: S (Brixton Prison, 2017) – Represented a prisoner on life sentence before the parole board, securing his release on license.