Louisa Bagley

Practice

General and Regulatory Crime
Louisa defends and prosecutes in a wide range of cases including serious violence offences, serious sexual offences, drug offences, arson, fraud and dishonesty matters (including Robberies, Burglaries and Thefts).  Louisa has been described as “thorough and caring” by both a lay Client with considerable experience of the court system and by a lay Client with clean character.  It is of no surprise that she is accordingly instructed very regularly in cases involving vulnerable persons and is often requested for clients with mental health issues.

She has been led in large drug conspiracy cases (including a £53 million importation of cocaine) and a serious historic rape and sexual assault case (including “stranger rape” of a child).  During one of the drug conspiracy matters, she took over as leader at the start of the defence case due to illness of the original leader at the request of the lay and professional client and the trial judge.

Her appeal experience includes the Court of Appeal and the Administrative Court and includes appeal convictions, sentences and case-stated appeals from both the Magistrates’ Court and the Crown Court.  Most recently, she successfully appealed a conviction at the Court of Appeal on the grounds of an inconsistent verdict (R v McCallum [2011] EWCA Crim 794).

Furthermore, Louisa specialises in Regulatory matters including health and Safety and Trading Standards cases.  She prosecutes for several Trading Standards departments (most commonly Hampshire and Gloucester), the Department for Business, Innovation and Skills - BIS (formally DTI), the Health and Safety Executive - HSE, the Department of Work and Pensions - DWP, Revenue and Customs Prosecution Office -  RCPO, the Environment Agency, various Local Authorities, National Offender Management Service – NOMS (formally NPS and YOT).  Louisa has gained outstanding respect for her case management skills, early advisory role and approachability by these agencies.  A specialist Regulatory CV can be supplied upon request.

Animal Welfare – Louisa has an unusual specialism in Animal Welfare cases and has been instructed in cases involving allegations of cruelty to Sheep, Cows, Horses, Geese, Pigs, Dogs and, most recently, Pigeons. She also has considerable experience dealing with cases involving the Dangerous Dogs legislation and appeals relating to the same.

Health and Safety – Louisa both prosecutes and defends in Health and Safety cases.  Her experience is vast and includes cases involving serious personal injury and death as a result of Health and Safety Regulation breaches. She is instructed by the Health and Safety Executive (HSE) and Trading Standards as a Prosecutor and defends in cases against these agencies on behalf of numerous companies ranging from the largest well known retailers to smaller companies in all fields of Health and Safety breaches.

Rogue Traders and Trade Marks – Louisa has a reported case (R v Kahraman [2006] EWHC 1702 (Admin)) in respect of Counterfeit goods legislation and experience in other regulatory areas including “rogue traders” within the Car Sales Industry, in particular.  She is currently prosecuting a multi-count case involving numerous “clocking”, false advertising and false service history offences.

In her earlier years of practice, Louisa spent 9 months in-house with the Probation Service as a Prosecutor and 12 months at a Solicitors firm as an advocate and legal adviser and has gained a sound understanding of the pressures experienced by those instructing.”

Court Martial
Louisa also has experience in Court Martial matters having appeared in Germany and in the UK and has an interest in this area. Cases of interest have included allegations of serious assault upon fellow Soldiers as well as Civilians.

Notable cases

Regulatory work

Trading Standards v C [2011]
Rogue Trader Prosecution regarding allegations of “Clocking”, false descriptions, fraudulent service histories and aggressive behaviour towards consumers.

Proposed RSPCA prosecution [2011]
Advising in relation to allegations of cruelty to Wild Birds trapped in a disused building.

R v A [2011]
Appeal regarding convictions for Health and Safety Notice breaches.  

Trading Standards v B&Q [2010]
Contact burns case involving substantial advice and lengthy legal argument.

HSE v Waldersey Farms Ltd [2009]
Defending a Company charged with Health and Safety breaches resulting in electrocution of farm worker.

HSE v Prysmian Cables Ltd [2009]
Prosecuting on behalf of HSE in a serious contact dermatitis case.

Punia; Casson; Beavis [2008]
Recent Animal Welfare Prosecutions for Hampshire and Gloucester Councils in respect of causing unnecessary suffering to animals.

WSCC v Kahraman [2006] EWHC 1703 (Admin)
Scope of defence under S.92(5) Trade Marks Act 1994 and the test to be applied.

General Crime

R v Beere and Others [2011]
£53 million cocaine importation conspiracy case led by Anthony Davies QC.

R v Hilton [2011]
Dangerous Dog case involving a German Shepherd who attacked members of the public after escaping from a garden.

R. v. V & V [2011]
Portsmouth Crown Court – Defending (with Robert Bryan) in case involving alleged child trafficking for exploitation from Eastern Europe and linked benefit fraud by illegally obtaining UK National Insurance Numbers. Case prosecuted by Hampshire Constabulary's Serious & Organised Crime Unit as Operation Landings.

R v McCallum and others [2011] EWCA Crim 794
Successful appeal against conviction.
Conviction for Affray quashed on appeal following argument that the jury had delivered inconsistent verdicts (not guilty verdict ABH but guilty of Affray). Conviction of Affray found to be unsafe given there was only one act of lawful or unlawful violence on the facts.

Regina v Hlal & Bateman [2011] Portsmouth Crown Court
Successfully Prosecuted 3 counts of Perverting the course of justice; 2 counts against Hlal and one against his wife Bateman.

1. BBC
2. Daily Echo

R v Harding [2009]
Arson reckless as to life endangerment; argument contrary to imposition of an IPP.

R v Chandler [2009]
Successfully defending in Rape allegations.

R v Lyndon [2009]
Appeal against sentence following guilty pleas to theft and fraud in breach of trust (£14,000).  8 months immediate imprisonment quashed and replaced with 26 weeks suspended with a single requirement of 12 months supervision.

R v Hoverd [2009]
Historic Rape and Indecent Assault case involving stranger child rape as well as abuse in the family.

R v S [2008]
Youth robbery involving a youth with psychological issues preventing him from forming required mens area.

R v Rose [2008]
Drug importation by way of manipulation of a pineapple juice can.

Abraham and others [2008]
Multi-handed drug conspiracy involving importation of large quantities of cocaine inside fuel tanks; instructed as junior counsel to a leading junior and took over as leading junior.

YOT v Duff [2007]
First Prosecution in respect of breaching a licence controlled by satellite navigation.

Prison Law

Louisa is regularly instructed to represent Prisoners at their Parole Board hearings across the County and has an impressive record of securing recommendations for progression and directions for release. Content of cases of interest include:-

• Disclosure issues under Parole Board Rules r6(2).
• Challenges to recall (indeterminate sentence prisoners and determinate sentence prisoners) on grounds of supervisory concerns and concerns about non-disclosures/ minimisation by the Prisoner/ Licensee.
• Advising on Appeal in respect of Parole Board refusal to consider risk factors when a Mental Health disposal is recommended as the only route for progression.
• Cases involving maintained denial of the Index offence.
• Addressing progression for Prisoners long over tariff.
• Cross examination of Forensic Psychologist opinion on dangerousness and treatment requirements (particularly where there are recommendations for Therapeutic Community and/or DSPD’s).
• Cases involving offences committed on licence and/or in Open Conditions

Louisa has extensive experience representing all categories of prisoners serving mandatory and discretionary life sentences as well as indeterminate IPP sentences at their Parole Board hearings and also at hearings challenging recall. She has appeared for numerous Prisoners applying for release and/or recommendation for progression.

She also appears regularly on behalf of prisoners at adjudications across the country.

Quasi Crime

Hampshire Police Authority v Smith [2009]
EWHC 174 (Admin); [2009] WLR (D) 53.

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