Emma Swindell successfully appeals against sentence in the Court of Appeal
Emma Swindell recently represented the appellant in a Court of Appeal case (R v H). She successfully argued that the 12 months immediate custodial...
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Emma specialises in criminal law. She has a busy practice, defending and prosecuting in both the Crown and Magistrates’ Court.
Emma has recently achieved exceptional results for clients, including acquittals in trials and a successful appeal in the Court of Appeal.
She has acted in a range of cases involving the following:
- Violent offences
- Drug offences
- Motoring offences
- Breach offences
- Sexual offences
- Public order offences
- Weapons offences
Emma regularly works with vulnerable clients and has particular experience working with clients who have serious mental health conditions. She has a calm and straightforward approach that puts clients at ease.
Emma is regularly instructed on matters involving domestic abuse and sensitive cases.
She is frequently instructed to defend in motoring cases, including cases which involve expert evidence and where there have been failings by the police.
Emma joined chambers following the successful completion of her pupillage under the supervision of Peter Gilmour.
Emma is a grade 2 prosecutor on the CPS panel.
Crown Court & appeals
Court of Appeal
R v H (2025): Successfully appealed a sentence in relation to indecent images offences, the Court of Appeal agreed to reduce a sentence of immediate custody to a suspended sentence.
Violent Offences
R v H (2025): Successfully defended a domestic ABH trial.
R v P and others (2025): Prosecuted multiple defendants at sentence for violent offences committed in a young offenders institution, including attempted grievous bodily harm with intent using weapons.
R v T (2025): Instructed to defend multiple allegations of domestic assault. Applied to dismiss the charges and the crown offered no evidence in response to the written application.
R v P (2024): Defended a finding of fact hearing in relation to an unprovoked assault on a stranger, after the defendant was found unfit to stand trial.
R v M (2024): Defended a sentence for assault on his partner, which involved strangulation, and assault on an emergency worker. The defendant had a record of convictions for similar offences. Successfully argued that the defendant should be given a suspended sentence and he avoided custody.
Drug Offences
R v R (2025): Secured a suspended sentence in a supply of class A drugs case.
R v P (2024): Defended a sentence for the supply of over 1kg of cocaine. Argued that that elements of lesser role applied and that there had been an unacceptable delay by the prosecution which resulted in the judge significantly reducing the sentence.
R v W (2024): Prosecuted a sentence in relation to the supply of 15 kg of cocaine.
Sexual Offences
R v S (2025): Successfully prosecuted a trial in relation to sexual communication with a child and arranging to meet a child following sexual grooming.
R v M (2024): Defended a sentence for making indecent images of children, persuaded the court to pass a suspended sentence.
Dishonesty Offences
R v M (2025): Successfully prosecuted a trial for allegations of burglary.
R v I (2024): Prosecuted a defendant at trial of issue and sentence, this case involved 17 counts of fraud exceeding £20,000 committed over one year.
Appeals against sentence and conviction
R v M (2024): Successfully represented the respondent at an appeal against conviction in relation to an allegation of breaching a restraining order.
R v D (2024): Represented the respondent in an appeal against conviction for the offence of failure to provide a specimen. This involved the defence of reasonable excuse. Succeeded in arguing that the appeal should be dismissed.
R v A (2024): Successfully appealed a driving disqualification imposed by the magistrate’s court. The court accepted that expectational hardship was present and significantly reduced the disqualification.
Magistrates Court
Violence, Weapons and Public Order Offences
R v M (2025): Successfully represented a defendant accused of harassing an off duty PSCO. This case involved criticism of the police’s investigation.
R v V (2024): Instructed to defend a trial for possession of a bladed article in a public place. Successfully argued that the defendant had a reasonable excuse. The defendant was found not guilty.
R v G and others (2024): Represented three defendants at sentence for a public order offence after they started a fight on a train which included them breaking another passenger’s jaw. Successfully argued that they should be given a suspended sentence, and they avoided custody.
Drug Offences
R v K (2024): Represented a defendant who had pleaded guilty to the supply of class B drugs at sentence. Successfully argued that the defendant should be given a community order.
Dishonesty Offences
R v B (2024): Instructed to represent a defendant who pleaded guilty to aggravated vehicle taking. This involved the theft of a car which was crashed by the defendant into the wall and another vehicle. Successfully argued that the defendant should be given a fine, this involved persuading the court to go significantly outside of the normal sentencing guidelines.
R v W (2024): Successfully prosecuted a trial for burglary of a garden centre.
Driving Offences
R v S (2024): The defendant had been convicted in his absence of failure to provide driver details. Successfully applied to set aside that conviction. The case then proceeded to trial and the court were persuaded that the defendant had complied with the notice. The defendant was found not guilty.
R v E (2024): Represented a defendant who was at risk of a ‘totting up disqualification’. Successfully argued that exceptional hardship was present, and the defendant avoided disqualification.
R v D (2024): Represented a defendant who had pleaded guilty to drink driving, he had caused a multi-car collision resulting in damage to five vehicles. The defendant was at risk of a harsh sentence given the serious damaged caused. Successfully argued that the defendant should be given a sentence at the lower end of the range, namely a fine, along with the mandatory disqualification.
R v S (2024): Defended a man who had pleaded guilty to careless driving, which involved hitting and injuring a child. Successfully argued that the defendant should not be disqualified. Penalty points and a fine were imposing allowing the defendant to keep his driving license.
Breach Offences
R v K (2024): Successfully prosecuted a Magistrate’s Court trial for the offence of breaching a restraining order.
Football Related offences
R v P (2024): Instructed to represent a defendant who had pleaded guilty to a football related offence. The prosecution were seeking a football banning order. Successfully argued that it would be unjust to impose an order and the order was not made.
R v B (2024): Represented a client who had accepted breaching a football banning order at sentence. The court imposed a conditional discharge and the defendant avoided any punishment for the breach.
Education
- LLM, BPP University (Distinction)
- BPTC, BPP University (Very Competent)
- LLB, University of Exeter (2:1)
Scholarships and prizes
- Middle Temple Leolin Price QC Scholarship 2019
- Middle Temple Blackstone Entrance Exhibition 2019
- BPP Advocacy Scholarship 2019
Memberships
- The Honourable Society of the Middle Temple
- The Northern Circuit
- Women in Criminal Law
- CPS Panel Advocate Level 2
