Nutan predominantly specialises in crime and conducts cases in the Crown Court involving firearms, violence, controlled drugs, fraud, sexual offences and offences of dishonesty. She has prosecuted and defended in Crown Court trials and taken conduct of a range of hearings in the Youth Court.
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.
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.
Instructed as Junior Counsel by the CPS, led by Leading Counsel, Diana Wilson. Prosecuted 6 Defendants in an estimated over £100 million money laundering case involving 13 counsel and two separate conspiracies. Count 1 was an Encrochat conspiracy with international elements and Count 2 was more domestic, conducted over different encrypted communications systems with a haulage business being used to direct the conspiracy. The case involved cell site, electronical communications evidence and numerous legal applications. The trial was listed for 8 weeks following which the jury convicted all 6 Defendants. Stoke-on-Trent Crown Court
CPS report here
Represented a Defendant facing a court of unlawful wounding against his former partner, namely accused of having thrown an mug at the complainant's head resulting in a laceration above the eyebrow. At trial, Nutan adopted an effective trial strategy involving a successful non-Defendant bad character application against the complainant relating to her conduct towards the Defendant in the past. The Defendant was acquitted of unlawful wounding. Ipswich Crown Court
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.
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.
Prosecuted a Defendant who was convicted of 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
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.
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.
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.
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.
Represented a Defendant on appeal regarding a charge of sexual assault. The two-day hearing involved cross-examining four prosecution witnesses and adducing evidence from the Appellant and a witness for the Appellant. The Appellant was acquitted. Guildford Crown Court
The Defendant faced two charges of possession with intent to supply Class B where he had been found in possession of weighing scales, a substantial amount of cannabis and written lists which the Crown stated was evidence of a supply operation. Nutan adduced sufficient evidence from the Defendant in support of his defence that the cannabis was only for personal use and he was subsequently acquitted of both charges. King’s Lynn Magistrates’ Court
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.
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. The Defendant was acquitted at trial. Stratford Magistrates' Court
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.
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Nutan, instructed by the London Fire Brigade as junior counsel, assisted with a review of the evidence for Phase 2 of the Grenfell Tower Inquiry, also dealing with matters of disclosure.
PROFILE: Nutan Fatania
Inquests / public inquiries
Regulatory / Disciplinary
020 7489 2727
Kaplan Law School, BPTC, 2013
King's College London, Law LLB (Hons), 2011
Criminal Bar Association
Young Legal Aid Lawyers Association
CPS Panel (Grade 3)
CPS POCA Panel (Grade 2)
CPS Fraud Panel (Grade 2)