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Feryal Ertan

Year of Call: 2005

Education:

  • BA (Hons) Socio-Legal Studies and Criminology
  • Graduate Diploma in Law
  • Bar Vocational Course
  • Crime (Defence and Prosecution)

Areas of Work:

Prior to joining Chambers, Feryal was employed as In-House Counsel at a Solicitors Firm. She has extensive experience in trial advocacy with a varied criminal practice, which includes representation in all matters of dishonesty, violence, fraud, sexual offences and all types of drug offences.

Feryal is also a Grade 1 prosecutor and regularly prosecutes on behalf of the CPS and National Probation Service. Feryal has also undertaken RASSO training.

Feryal defends and prosecutes in both the Magistrates’ Court and Crown Court.

Feryal also has experience of matters pertaining to Judicial Review particularly relating to Prison Law.

Feryal is also able to provide advisory and advocacy assistance in relation to Costs Judge matters.

Feryal was instructed in a fraud case, which has been selected to feature in a forthcoming BBC Documentary on Benefit Fraud in Britain.

Feryal is qualified to accept instructions on a direct access basis in suitable matters.

 

Recent Cases:

R v Anwar & ors – Snaresbrook Crown Court (Operation Bubonic)

Led by Robert Evans. Appeared for the Prosecution in a firearms and live ammunition case. Prosecuted from trial to conviction.

R v Hemphill – Chelmsford Crown Court

Appeared for the Prosecution. Defendant pleaded guilty to being in possession and distributing indecent images of children, extreme pornography, prohibited images of children and being in breach of a sexual prevention order. He received 3 years and placed indefinitely on the Sexual Offences Register

http://www.chelmsfordweeklynews.co.uk/news/colchester/14420005.Paedophile_soldier_jailed_for_three_years_for_downloading_and_sending_indecent_images/

R v W – Croydon Crown Court

Successfully defended an allegation of assault occasioning actual bodily harm. Although the complainant had visible injuries, defence was simply “it wasn’t me” and that the allegations had been fabricated in malice upon rejection of the complainant and refusal to acknowledge paternity of her child.  Jury unanimously acquitted in under 40 minutes of deliberations despite being told of the defendant’s previous convictions.

R v RR – Harrow Crown Court

Appeared for the Prosecution. Defendant aged 17 pleaded guilty to a section 18 wounding with intent. The defendant had 3 previous convictions for robbery and it was argued that the ‘dangerousness’ provisions applied. The Judge accepted the submissions and the defendant sentenced to an Extended Sentence.

R v K – Wood Green Crown Court

Successfully defended an allegation of unlawful wounding. Defendant is alleged to have used a kitchen knife to injure his partner. Defence advanced that the injuries were self-inflicted and allegations fabricated in order to have the defendant evicted from the family home. Jury unanimously acquitted in under 30 minutes of deliberations.

R v WO – Inner London Crown Court

Appeared as Prosecution Counsel in case where defendant had pleaded guilty to being in possession of live ammunition and was to be sentenced. It became apparent at the committal for sentence that the sending of the case was erroneous and that the defendant was unaware that he was pleading guilty to an offence, which carried a minimum of 5 years imprisonment. The Judge was assisted to save time by convening as a District Judge, for no plea to be entered and for the case to be sent to the Crown Court by way of a section 51 transfer. This negated the need for any pleas to be vacated as the erroneous sending meant that the plea of guilty was deemed a nullity and the case was set down for a Preliminary Hearing.

R v Petkova & ors – Inner London Crown Court – (UKBA Operation Sakar)

Led Junior representing one of the alleged ‘fixers’ in one of the UK”s biggest sham marriages cases. Proceedings were stayed as an abuse of process on grounds of bad faith and serious misconduct. Only led junior for the defence to be acknowledged in the Judge’s ruling.

 R v K – Snaresbrook Crown Court

Successfully mitigated for a suspended sentence following conviction after trial for fraudulent evasion of excise duty over £205,000.

R v R – Wood Green Crown Court

Successfully defended allegations of threats to kill. Jury unanimously acquitted in just over an hour of deliberations. The complainant had previously made allegations of rape against the defendant who had been acquitted of those allegations at an earlier trial.

R v Holding – Southwark Crown Court

Appeared as Prosecution Counsel in the sentence of defendant who has pleaded guilty to numerous thefts from women by seducing them to enter their homes and to then steal from them. This was not the first time that the defendant had tricked others in order to steal and was previously described by the Daily Mail for being a “love rat thief” and for using his “sexual wiles”.

R v W – Wood Green Crown Court

Appeared as Prosecution Counsel. Defendant aged 83 was sentenced having pleaded guilty to 4 counts of historic sexual abuse on his step grand daughter. He received 4 and half years and placed indefinitely on the Sexual Offences Register.

R v Imielinski – Guildford Crown Court

Successfully mitigated on behalf of defendant caught with 22kg of cannabis. Defendant had previous similar conviction and had been deported but returned to the UK. Defendant was sentenced to 40 months

http://www.getsurrey.co.uk/news/local-news/driver-caught-m25-22kg-cannabis-7054877

 

Notable Cases:

R v H & anor – Snaresbrook Crown Court

Successfully defended on count of production of 500 cannabis plants. Unanimously acquitted.

R v H – Wood Green Crown Court

Successfully defended on count of robbery. Jury unanimously acquitted within 30 minutes of their deliberations.

R v S & anor – Inner London Crown Court

Successfully defended on counts of driving whilst disqualified and perverting the course of public justice.

R v T – Southwark Crown Court

Represented defendant, a serving soldier due to be deployed to Afghanistan. Successfully mitigated to secure a community order for the offence of theft of £1500 from his fellow comrades.

R v K – Wood Green Crown Court

Successfully defended assault occasioning actual bodily harm alleged to have been committed against her husband. Jury unanimously acquitted within 10 minutes of their deliberations.

 

High Court/Costs Cases

R v Souleiman – Senior Courts Costs Office – SCCO 174/13

Successfully argued that the litigator was entitled to be remunerated two claims submitted under the same case number on the basis that two counts on the Indictment had been severed to create two trials and therefore two fees. The Litigator was awarded a further £98,000.

The Queen (on the application of J) v The Parole Board

Administrative Court - Renewed application for permission for leave to judicial review Parole Board’s decision not to hold an oral hearing.

Prison Law Cases

Parole Board v H

Successfully represented prisoner at a Lifer Parole Hearing where the Panel released from closed conditions direct to secondary rehabilitation centre.

Parole Board v S

Successfully represented prisoner at Lifer Parole Hearing where the Panel directed a move to open conditions despite the prisoner having previously absconded twice from open conditions.

Parole Board v W

Prisoner had been subject to an indeterminate sentence for public protection (IPP), following convictions for serious offences of violence and firearms possession. Released following a full oral hearing before the Parole Board.

Languages Spoken:

Turkish (native)

French (conversational)

 

Professional Memberships:

Gray’s Inn

South Eastern Circuit

Criminal Bar Association

Association of Women Barristers

Cypriot Lawyers Society (Committee Member)

Miss Feryal Ertan is regulated by the Bar Standards Board, holds a current practising certificate and her details can be found on the BSB’s Barrister Register https://www.barstandardsboard.org.uk/regulatory-requirements/the-barristers'-register/

Miss Feryal Ertan holds insurance cover for all legal services supplied through professional indemnity insurance with the Bar Mutual Indemnity Fund (BMIF) The coverage is worldwide subject to their terms which are available on their website https://www.barmutual.co.uk/

Miss Feryal Ertan is registered with the Information Commissioners office under the Data Protection Act https://ico.org.uk/

If you are not satisfied with the service that Miss Feryal Ertan provides you can make a complaint to Chambers. Information on Chambers Complaints Procedure is available on Chambers website www.9kbw.com/about-us/complaints-procedure

If you are not satisfied with the response you receive from Chambers you may complain to the Legal Ombudsman (This must be done within the time limits set out) The contact details can be found on the Legal Ombudsman’s website  http://www.legalombudsman.org.uk/    

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