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Barristers

Holly Fagan

3PB, South East

Work Department

Crime

Position

Holly is a specialist criminal barrister based in 3PB’s Winchester office. She accepts instructions from across the Western Circuit in crime, courts martial and regulatory law.

Holly prosecutes and defends multi-handed cases, cases involving vulnerable witnesses, special measures, interpreters and unrepresented defendants. Recent instructions have included robbery, GBH, ABH, coercive and controlling behaviour, supplying class A drugs and dangerous driving.

Holly has a calm and confident manner which enables her to quickly establish a rapport with her clients. She is an eloquent and effective advocate who will always fight for the best outcome.

During her legal studies, Holly volunteered as an Appropriate Adult in police interviews, which enhanced her ability to communicate with vulnerable adults and youths.

Before converting to law, Holly worked as a management consultant with regulated infrastructure businesses. After qualifying, Holly worked as a Screening Case Officer for the Nursing and Midwifery Council. These experiences gave her insight into the business context of regulation and professional discipline respectively. Holly is keen to develop her practice in these areas of law.

Outside of work, Holly enjoys hiking and pottery.

Crime

Offences against the person

R v S [2025] (defending) - Crown Court - ABH and intentional strangulation: client unanimously acquitted.

R v S [2025] (defending) – Crown Court – Harassment with fear of violence x2: Holly represented a young male accused of harassing two people, including threats of violence. S was unanimously acquitted of both charges.

R v B [2025] (prosecuting) – Crown Court - Assault of an emergency worker.

R v K [2025] (defending) – Crown Court – GBH with intent: Holly represented an 18-year-old female charged with GBH with intent and without intent in the alternative. K was unanimously acquitted of both charges.

R v J [2024] (defending) – Crown Court - Junior in a case of controlling prostitution for gain and people trafficking for exploitation. The jury could not reach a verdict.

R v T [2024] (defending) – Crown Court – Robbery with threats with a knife: Holly persuaded the court to impose the absolute minimum sentence possible for the level of offending, which was 3 years.

R v G [2024] (defending) – Crown Court – Intentional strangulation (and other offences): following Holly’s cross-examination of the Complainant, the prosecution dropped the charge of intentional strangulation.

R v B [2024] (defending) – Crown Court – Client acquitted of one charge of intentional strangulation.

R v C [2024] (defending) – Crown Court – Client acquitted of one charge of 4 years of coercive and controlling behaviour and one charge of assault.

R v C and others [2024] (prosecuting) – Crown Court – Disclosure junior for the prosecution in multi-handed murder and conspiracy to rob trial in which all defendants were convicted.

R v C [2024] (defending) – Crown Court: Successfully opposed a hearsay application by the prosecution which resulted in them offering no evidence on counts of coercive and controlling behaviour and assault.

R v O [2023] (defending) – Crown Court – Assault emergency worker: CPS discontinued case after Holly made submissions re realistic prospect of conviction.

R v A & A [2022] (prosecuting) – Crown Court – ABH: prosecuted sentencing hearing in which the victim was knocked unconscious during an assault by two defendants. This case was covered in the media: Brothers kicked unconscious victim in the head during attack | Bournemouth Echo

Sexual offences

R v S [2025] (defending) – Magistrates’ Court – Sexual assault: client acquitted of sexually assaulting two people on a night out in a pub.

R v P [2024] (defending) – Crown Court - client acquitted of attempted assault by penetration.

R v V [2023] (defending) – Crown Court – 2 x Attempting to meet a child under 16, following sexual grooming: despite the custody threshold being crossed, Holly persuaded the court that a community order was appropriate.

R v B [2023] (defending) – Magistrates’ Court – Sexual assault x 3: D accused of sexually assaulting two 15-year-old girls. Persuaded the Court that the accounts of the complainants and other witnesses were inconsistent and D was acquitted of all charges.

R v P [2022] (prosecuting) – Crown Court – Sexual assault, assault by beating and possession of a bladed article: prosecuted sentencing hearing in case in which the defendant had sexually assaulted a teenage girl and assaulted other children in the home.

Weapons

R v G [2025] (defending) - Crown Court – Possession of an imitation firearms with intent to cause fear of violence: Holly’s client was acquitted halfway through the trial after a successful legal argument where the judge agreed her client had no case to answer.

R v T [2024] (prosecuting) – Crown Court - possession of a bladed article.

R v H [2023] (defending) – Crown Court – Affray: when no prosecutor attended on two consecutive days for trial, Holly successfully applied for the case to be dismissed for want of a prosecution and a not guilty verdict was entered by the court.

Dishonesty offences

R v S [2024] (defending) – Crown Court - Perverting the course of justice: represented client in unusual case which attracted national news coverage including the Telegraph and Daily Echo.

R v P [2023] (defending) – Crown Court – Non-dwelling burglary: defended sentencing hearing. Holly persuaded the Court to suspend the sentence of imprisonment despite D’s record of 15+ non-dwelling burglaries.

R v G [2023] (defending) – Magistrates’ Court – Theft from a person: client acquitted.

R v D [2023] (prosecuting) – Magistrates’ Court – Fraud: prosecuted a company director who faced charges of failing to pay a VAT security or cease trading.

Motoring offences

Holly has experience of defending ‘exceptional hardship’ arguments.

R v L [2023] (defending) – Magistrates’ Court – Driving whilst using a mobile phone: CPS discontinued case after Holly made written submissions re realistic prospect of conviction.

R v D [2023] (prosecuting) – Crown Court – Causing serious injury by dangerous driving: prosecuted sentencing hearing in case where victim had to have his leg amputated at the roadside following a collision. The case was covered in the media: Drink driver jailed for Bournemouth crash with motorcyclist | Bournemouth Echo

Other criminal cases

R v H [2024] (defending) – Crown Court - Production of cannabis: Holly persuaded the CPS that her client was a victim of modern slavery and the case against him was dropped.

R v F [2023] (defending) – Crown Court - Possession with intent to supply 9kg of Cannabis.

R v E & F [2023] (prosecuting) – Magistrates’ Court – Hunting and night poaching: prosecuted a two-handed trial in which both defendants were convicted of multiple offences.

R v W [2022] (prosecuting) – Magistrates’ Court – Malicious communications: successfully prosecuted a trial in which intoxication was raised by the defence.

Career

Year of Call: 2021

Memberships

Middle Temple Women in Criminal Law CPS Grade 2 General Crime Panel

Education

BPTC, BPP London (Very Competent) GDL, BPP London (Distinction) BA History, University of Leeds (2.1)
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