Nutan Fatania

Introduction

Nutan predominantly specialises in crime and has conducted cases in the Crown Court involving firearms, violence, controlled drugs, sexual offences and offences of dishonesty. She has prosecuted and defended in Crown Court trials and also taken conduct of a full range of hearings in the Magistrates' and Youth Court.

Nutan is currently instructed by the London Fire Brigade as junior counsel assisting with a review of the evidence for Phase 2 of the Grenfell Tower Inquiry.

Background and expertise

Nutan completed her pupillage with the Crown Prosecution Service (‘CPS’) and continues to build a strong prosecution practice. She is a CPS Panel Advocate at Level 3. Nutan has been instructed by the CPS Homicide Team as noting junior counsel in murder trials at the Central Criminal Court. She has assisted leading counsel with legal research, evidence analysis and the sentencing note.

Nutan's training and varied experience has enabled her to become a robust and thorough advocate. Nutan's ability to build a rapport with a variety of people has assisted her in building a criminal defence practice. Nutan has completed the vulnerable witness training. She has represented vulnerable adult and youth defendants and has experience of cross-examining young witnesses that have required intermediaries and a ground rules hearing.

With respect to a regulatory practice, Nutan presents on behalf of Social Work England. In addition, prior to pupillage, Nutan was a Legal Assistant in the Regulatory department at Kingsley Napley Solicitors investigating fitness to practise matters for the Health and Care Professions Council.

Nutan was also a Civil Litigation Paralegal at Hickman and Rose Solicitors where she assisted in actions against the police, judicial reviews and inquests (acting for the bereaved families), namely that of Darren Neville who died a few months after being restrained by the police as well as the In Amenas Inquest which investigated the deaths that occurred during the terrorist attack on a BP gas plant in Algeria.

Notable Cases

R v D, ongoing

Instructed to represent the first Defendant who is jointly charged with her husband. Alleged to have committed fraud in excess of £100,000 in relation to her father’s bank accounts and residential property in South Africa, thereby including jurisdictional issues. The complainant is an elderly blind man in a wheelchair for whom a pre-recorded (s28 YJCEA 1999) cross-examination has taken place over the course of a few days.

Aylesbury Crown Court.

R v H, 2022

Represented a 19-year-old Defendant at trial for a count of causing the death of a 14-year-old pillion passenger by dangerous driving, having already pleaded guilty to being unlicensed, uninsured and aggravated vehicle taking. The Defendant was 17 years old at the time of the offence with various vulnerabilities including having Attention Deficit Hyperactivity Disorder and Oppositional Defiant Disorder.

Central Criminal Court.

R v J, 2021

Led by Nicholas Worsley, represented a Defendant facing a count of conspiracy to supply multi-kilos of Cocaine, Class A drugs in an operation involving around 12 Defendants and spanning several cities. The case was split into several trials with the trial involving Mr J lasting 6 weeks.

St Albans Crown Court.

R v G, 2021

Prosecuted and secured a conviction for the offence of ABH within a domestic context at the retrial. The Defendant had been recalled on his sentence of life imprisonment following a conviction for attempted murder in 2003. Pursued a prudent case strategy to adduce the bad character at the appropriate time including the conviction for attempted murder.

Basildon Crown Court.

R v Z, 2020

Represented a Defendant who pleaded guilty to an aggravated burglary which included a knife being carried upstairs and one of the residents being present at the time. The Crown placed the matter in Category 1 on the sentencing guidelines, with a starting point of 10 years. Successfully persuaded the court that the Defendant’s good character, young age and personal mitigation justified a significant reduction in the starting point. The Defendant was sentenced to 2 years and 7 months’ imprisonment.

Harrow Crown Court.

R v B, 2020

Represented a Defendant who pleaded guilty to a breach of a restraining order, affray, assault occasioning actual bodily harm, assault by beating and two counts of criminal damage. The Defendant was also in breach of two suspended sentences which were offences against the same complainant as the recent offences. Despite the seriousness of the current and past offending, Nutan successfully persuaded the court to impose another suspended sentence order with a DRR attached.

Snaresbrook Crown Court.

R v S, 2020

Represented a Defendant who had pleaded guilty to being in possession of counterfeit currency which was in breach of a previous community order that had been imposed for like offences. The custody threshold had been passed but substantial mitigation was put forward, namely with reference to the Defendant’s complex mental health background. The Defendant was sentenced to another community order.

Inner London Crown Court.

R v B, 2019

Successfully opposed a hearsay application resulting in the Crown offering no evidence on a count of threatening with a bladed article. Following significant mitigation being put forward, the Defendant was sentenced to a low level community order after pleading guilty to the second count of possession of a bladed article.

St Albans Crown Court.

R v B, 2019

Secured an acquittal on appeal regarding a charge of sexual assault. The two day hearing involved successfully cross-examining four prosecution witnesses and adducing evidence from the Appellant and a witness for the Appellant.

Guildford Crown Court.

R v P, 2019

Represented a Defendant who pleaded guilty to possession of an imitation firearm with intent to cause fear of violence and was facing a minimum custodial sentence of 5 years. Successfully argued that there were exceptional reasons for not imposing the minimum term and that the Defendant was suitable for a suspended sentence order (‘SSO’). The Defendant breached the SSO weeks later by committing further offences. Nutan successfully argued that it was unjust to activate the SSO and the order was allowed to continue.

Lewes Crown Court.

R v B, 2019

Represented the Defendant at trial for a count of possession of articles for use in a fraud. Following conviction, successfully argued for a suspended sentence order.

Croydon Crown Court.

R v S, 2019

Successful written submissions made to the Crown under s76 PACE 1984 to exclude the 'confession' the Defendant made in his police interview regarding assaulting his ex-partner. Subsequently secured an acquittal at trial.

Stratford Magistrates' Court.

R v E, 2018

Represented a Defendant who had pleaded guilty to committing actual bodily harm within a domestic context, dangerous driving, possession of Class A and B drugs, drink driving and a breach of a suspended sentence order (SSO). Successfully argued that it was unjust to activate the SSO and that it was appropriate to impose standalone suspended sentence orders for the remaining matters.

Basildon Crown Court.

Read more Notable Cases

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PROFILE: Nutan Fatania

Year called

2013

Specialisms

Crime

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Crime

Disciplinary

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Inquests / public inquiries

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Regulatory / Disciplinary

Road Traffic

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Road traffic

Contact

020 7489 2727

Education

Kaplan Law School, BPTC, 2013

King's College London, Law LLB (Hons), 2011

Memberships

Lincoln's Inn

Criminal Bar Association

Young Legal Aid Lawyers Association

Appointments

CPS Panel (Grade 3)

CPS POCA (Grade 2)

CPS Fraud (Grade 2)

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