Christopher Mitford
Specialisms:
Crime
In 2003 Christopher was junior counsel to the late Paddy Cosgrove QC in the miscarriage of justice case of J, a man convicted of killing his girlfriend, whose conviction was quashed on appeal. He drafted the legal argument leading to J, an adult in a public court, being granted full anonymity. The chairman of the CCRC has said publicly that he regards this case as one of their most important victories.
Christopher has been involved in numerous high level cases including five murder cases; large scale prostitution cases (in one case representing the madam of the brothel and in another the proprietor of the escort agency); drugs conspiracies including many Vietnamese cannabis "farming" conspiracy cases; cigarette smuggling and other Customs cases; copyright conspiracies; offences of violence, robbery, fraud and money laundering.
He has particular interest in representing individuals:
(i) suffering from mental disorders
(ii) where the court is contemplating hospital orders under sections 37 and 41
(iii) where there are issues over fitness to plead
He is used to the preparation and time management required for cases involving volume evidence and high cost.
Christopher undertakes appeals to the High Court and the Court of Appeal.
At the other end of the scale, in 2007 he represented the man who successfully appealed a public order conviction for barking at a dog leading to the headline in the Times "He might be barking, but he's not breaking the law".
He enjoys the more unusual cases and those involving interesting points of law.
He is often called upon to advise and represent those involved in "white collar" road traffic cases including exceptional hardship, special reasons, section 172 notices and cases involving expert evidence.
Christopher is more than happy to travel and has appeared in Courts all over the country.
He is frequently asked by solicitors to draft skeleton arguments in abuse of process cases.
For a number of years he has been a part time lecturer in criminal advocacy on the Bar Vocational Course at Northumbria University.
Regulatory & Disciplinary
In addition to traditional court work, Christopher also undertakes all manner of quasi criminal cases, such as representing serving prisoners in parole and disciplinary proceedings. In a more unusual example, at the Amateur Boxing Association, he represented a trainer accused of swearing at the referee.
Mental Health & Court of Protection
He represents those involved in or joined to Court of Protection proceedings under the Mental Capacity Act 2005 including "best interests", deprivation of liberty and human rights considerations. Christopher also represent patients detained under the Mental health Act 1983 in Mental Health Review Tribunals.
Judicial Review
Christopher deals with Judicial Review proceedings connected with mental health and criminal matters. He has acted on behalf of individuals and public bodies including local authorities.
Mediation
Christopher is a CEDR accredited mediator and is available to act as a mediator and represent those involved in mediations. Trinity Chambers has facilities to undertake mediations.
Cases:
The Queen on the application of Sunderland City Council v South Tyneside Council [2011] EWHC 2355
(Admin)
Judicial Review. Christopher represented South Tyneside Council in its successful defence of Judicial Review proceedings brought by another Local Authority over which one of them was liable for the aftercare of a patient under the Mental Health Act 1983, s117.
R (on the application of Howe) v. South Durham Magistrates' Court [2004] EWHC 362 (Admin); R.T.R. 4
Judicial review. Permissible to compel a defence solicitor to give evidence as to a driving disqualification, but only where no other means available to prove the disqualification.
H v. DPP [2005] EWHC 2459 (Admin); (2006) 170 J.P.4; [2005] Po.L.R.232 ;( 2006) 170 J.P.N. 152
Case stated. Defendant could not be guilty of being drunk and disorderly where the court found as a fact that the disorderly behaviour only commenced after arrest.
Attorney General's Reference (No. 55 of 2008), Re R. v C [2008] EWCA Crim 2790; [2008] WLR (D) 370; Times, December 4, 2008
A consolidated appeal before the Lord Chief Justice in relation to the dangerous offender provisions and the recent changes to the CJA 2003.
R v. J [2003] EWCA Crim 3309; 2003 WL 22769342
CCRC referral. Manslaughter appeal conviction, unsafe conviction. At the original trial an application to exclude a confession under section 76 of PACE had been refused but it later transpired that it was highly likely that police officers had known that J had a mental impairment and an appropriate adult should have been present.
R v. J [2003] EWCA Crim 3268
Anonymity granted where there was a real risk of significant harm to J's mental health arising from normal publicity.
R v. Kevin Neil Denholm [2008] EWCA Crim 1104
An appeal against an assessment of dangerousness and extended sentence imposed as a consequence.
R v. Del Martin Priestner [2008] EWCA 2448
Knife crime. Courts should not be too rigid when applying the Povey guidelines to sentences for carrying knives.
What others say:
"The addition of Christopher Mitford....strengthens the practice" - Legal 500 2011
"Recommended in the Junior Ranks" - Legal 500 2010
Appointments:
CEDR accredited mediator
Memberships:
Criminal Bar Association
CEDR Exchange
Justice
Mental Health Lawyers Association
Association of Regulatory and Disciplinary Lawyers
Human Rights Lawyers Association
Education:
LLM