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Chambers of David Berkley KC
3pb.co.uk 3pb.co.ukBarristers
Anna Leathem
- Phone01962 868884
- Email[email protected]
- Social
- Profilewww.3pb.co.uk
Work Department
Crime, Professional Discipline and Regulatory Law
Position
Anna Leathem is a regulatory, professional discipline and criminal barrister based in 3PB’s Winchester office.
Prior to joining 3PB, Anna practised with a well-known set of chambers in London. She had a busy prosecution and defence practice in crime and dealt with a wide range of offences including drugs, fraud, robbery, domestic violence and sexual crimes. Anna also has experience in dealing with young and vulnerable defendants in the Youth Courts and has completed specialist training with the Youth Justice Legal Centre.
Before undertaking pupillage, Anna worked as a paralegal at a criminal defence firm and assisted the head of litigation in a variety of matters including murder, serious violence, drugs conspiracies and proceeds of crime. She also provided invaluable research assistance for the University of Southampton and University of Oxford produced report into the pains of indeterminate imprisonment for families of IPP prisoners.
Anna also acts on behalf of regulators and registrants. She undertook a secondment with the NMC and managed a large and varied caseload. She presented back-to-back substantive hearings in complex areas, including sexual misconduct and dishonesty, acted in interim order hearings, reviews and applications for restoration to the register.
Anna’s experience at the NMC has benefitted her defence practice and she recently successfully defended a registrant who was facing an interim suspension order. As well as the NMC, Anna has acted for the GDC and IFA.
Outside of work, Anna enjoys rock climbing, cycling and hiking.
Crime
Criminal Defence Anna Leathem has a busy defence practice and is regularly instructed in the Crown Court and Magistrates’ Courts dealing with a wide range of offences including drugs, fraud, robbery, domestic violence and sexual crimes.
She has experience in dealing with young and vulnerable defendants in the youth courts and has completed specialist training with the Youth Justice Legal Centre.
Criminal Prosecutions - Private & Public Anna accepts instructions to prosecute on behalf of the Crown Prosecution Service and Probation Service. She continues to build upon her experience prosecuting in the Crown Court and Magistrates’ Courts. Anna has also been instructed in private prosecutions.
Extradition/International
Anna has been instructed to act on behalf of numerous clients facing extradition to a number of different countries. She is keen to develop her extradition practice and accepts instructions in this area.
Recent CasesOffences against the person
R v AP (2024) Crown Court: ABH, intentional strangulation and criminal damage: prosecution of a two-day trial with successful hearsay application in respect of a child’s account captured on police Body Worn Video.
R v RE (2024) Crown Court: assault emergency worker: no evidence offered following successful written representations due to client suffering from a manic episode at the time of the offences.
R v JS (2024) Crown Court: s.18 unlawful wounding: prosecuted in a sentence hearing involving serious violence between two inmates in prison.
R v CB (2021) magistrates’ court: assault by beating: no evidence offered after successful half time submission following cross-examination of the complainant.
Drugs
R v TC (2024) Crown Court: PWITS Class A and possession of ammunition: prosecuted a sentence hearing in which the defendant received immediate custody.
R v RG (2022) Crown Court: PWITS Class A and Class B and possession of criminal property: defended a university student who successfully avoided an immediate custodial sentence.
R v EO (2021) Crown Court: PWITS Class A and Class B: despite the indication of immediate custody, the client was given a suspended sentence owing to Anna’s reliance on case law in which a sentence had been reduced owing to ‘unjustifiable delay’.
Dishonesty offences
R v ML (2024) Crown Court – fraud: fraud reduced to theft and client successfully avoided immediate custody. The sentence hearing was covered in the media.
R v ES (2024) Crown Court – robbery: represented a youth in a successful appeal against sentence. The six-month DTO was replaced with a six-month YRO.
R v JF (2022) Crown Court – dwelling-burglary: two-day trial involving vulnerable defendant who was given a suspended sentence.
Motoring offences
R v AW (2024) Crown Court – dangerous driving: four-day prosecution trial resulting in a conviction.
R v VL (2022) magistrates’ court – speeding: client avoided losing their licence following successful exceptional hardship application.
R v RA (2022) magistrates’ court – multiple driving offences: successful application to re-open case and convictions set aside under s.142 Magistrates’ Court Act 1982.
Weapons
R v PN (2024) Crown Court: possession of a bladed article in a public place: client acquitted following successful representations to the prosecution regarding evidential issues and public interest with no evidence offered.
R v FS (2024) Crown Court: possession of an offensive weapon in a public place: prosecuted in a sentence hearing involving a defendant who had produced a sword in the context of using threatening behaviour to provoke unlawful violence.
R v JWJ (2021) magistrates’ court: possession of a bladed article in a public place – no evidence offered following successful representations to the prosecution.
Sexual offences
R v SS (2024) Crown Court – threaten to disclose private sexual photographs and films with intent to cause distress and stalking: successfully opposed onerous terms of a restraining order sought by the prosecution.
R v BW (2023) Crown Court – make indecent images of children: prosecuted sentencing hearing in which the defendant had made indecent images of children over a period of four years and breached a SHPO.
R v IK (2022) Youth Court – exposure and sexual assault of female – successfully argued that the test for a SHPO was not made out.
Other cases
R v LD (2024) Magistrates’ Court: criminal damage: no evidence offered after successful opposition to the prosecution’s Res Gestae application to rely on a 999 call.
R v AK and SA (2023) Crown Court: attempt to enter the UK illegally: prosecuted two defendants attempting to enter the UK via migrant boats from France which resulted in custodial sentences.
R v AM (2022) Crown Court; theft and breach of suspended sentence: client avoided activation of suspended sentence despite the new offence being committed only six days into the order being imposed.
IJA v WM (2022) Magistrates’ Court – extradition: successfully represented a requested person whose extradition was discharged in respect of their Article 8 rights.
Professional Discipline and Regulatory Law
Anna Leathem has gained experience of a wide range of professional discipline cases in a healthcare context during her 10-month secondment with the NMC, the largest healthcare regulator in the UK. Since then Anna has prosecuted for both the General Dental Council and prepared cases for the Investigations Committee of the Institute of Financial Accountants. She is keen to extend this experience to other regulators as well as continuing to work with these three prolific authorities, and to represent more registrants.
Anna managed a large and varied caseload at the NMC, often presenting back-to back substantive hearings on behalf of the regulator, which vary from minor to the very complex.
Anna has acted on a range of cases at both the early stages where an interim order is considered to the final stages before a fitness to practise committee. These hearings have regularly involved serious and complex issues.