Matthew Stanbury

Practice

Public law
Matthew undertakes judicial review cases across the spectrum but most particularly within his prison law practice. He acts regularly for claimants in relation to parole refusals, adjudication decisions, categorisation, discrimination, delayed hearings and denial of coursework. He also advises on claims of unlawful detention and applications for habeas corpus.

Instructed on applications arising from criminal proceedings including committals to prison, decisions to prosecute, and appeals by way of case stated.

Prison law
His practice covers the full range of prison law work including parole and recall hearings for lifers, hearings for determinate-sentenced prisoners and representation at adjudications.

Crime
A junior practitioner covering a full range of criminal defence work in the Crown Court and Magistrates' Court. Regularly instructed on cases involving serious violence, firearms offences, sex offences, and fraud.

Extensive experience of representing juveniles in trials in both the Youth Court and Crown Court.

Inquests
Experience of inquests and pre-inquest hearings for bereaved families.

Notable cases

Elam, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 29 (27 January 2012) (sentence calculation: licence expiry dates) (led by Pete Weatherby ) > judgment

R v Blackshaw & others [2011] EWCA Crim 2312 (18 October 2011) - appeals against sentence following August 2011 riots (Matthew Stanbury represented Vanasco) > judgment / news story

Hamilton, R v [2011] NICA 56 (Court of Appeal Northern Ireland) (23 September 2011) - Conviction quashed due to the failure of the judge to direct the jury that bad character evidence admitted to correct a false impression could not be used to establish a propensity. Girvan J commented that the Crown Bench Book in Northern Ireland would benefit from amendment to reflect the court's decision. (led by Mark Barlow ) > judgment

Instructed in the case of Ian Lawless, who was granted permission in August 2010 to challenge the refusal by the Justice Secretary to award him compensation, after his murder conviction was quashed in 2009 > more

R (on the application of Gregory Omoregbee) (Claimant) v (1) Secretary of State for Justice (2) Governor of Hewell Prison (Defendants) and UK Border Agency (Interested Party): CA (Civ Div) (Sir Anthony May (president QB), Lord Justice Sullivan, Mr Justice Gross): (13 April 2011) (on appeal from [2010] EWHC 2658 (Admin) dismissing his claim for Judicial Review of his prisoner categorisation - foreign national prisoner, deportation, risk of absconding, categorisation from C to D) > Law Society Gazette practice note

R v Wesley Dean (February 2011, Burnley Crown Court) (acquittal of child sex abuse charges) > read media coverage of case

Firth, R (on the application of) v The Parole Board [2011] EWHC 211 (Admin) (release on licence) > judgment

Morris, R (on the application of) v Criminal Cases Review Commission [2011] EWHC 117 (Admin) (07 February 2011) > news story / judgment

R (Oge Dengbe) v SSJ (21st January 2011, High Court sitting at Leeds, HHJ Kaye QC) (inadequacy of reasons in FNP recategorisation) > news story / judgment

R (oao Manhire) v SSJ [2009] EWCH 1788 (Admin). Held, inter alia, that the refusal to downgrade a Zimbabwean national prisoner to Category D was unlawful in light of his low risk and the improbability that he would be removed from the UK. > judgment

R V Doncaster Youth Court [2009]. Acted on behalf of two children challenging their committal to the crown court in respect of a high-profile very serious attack upon two other young children.

R (Smith) v SSJ and the Parole Board [2008] EWHC 2998 (Admin). Held, inter alia, that the Parole Board has a duty to case manage oral hearings. > Judgment

R V Welford [2008] All ER (D) 79 (Nov). IPP sentence overturned out-of-time. The Appellant had served his tariff and had recently been refused parole.

Other activities

A member of the Equality and Human Rights Commission's (EHRC) Preferred Counsel Panel > more

Articles and media comment

> 4/1/12 Release and recall - two years on - Inside Time

> 4/8/11 Prisoners with learning disabilities - Inside Time

> 20/1/11 Can a trial be fair without full disclosure? - Lexis Nexis Current Awareness

Background

Previously a tenant at Bank House Chambers in Sheffield. Matthew is a Public Access Barrister.