Kaj Scarsbrook

Practice area

Crime

Year of call: 2014


Kaj appears for the prosecution and the defence in a wide range of cases in the Crown court. He is a Grade 2 prosecutor and is regularly instructed by the CPS as trial counsel. He is also frequently instructed as a led junior in major trials. He has experience with dealing with complex issues of law and disclosure in such cases, both for the prosecution and the defence. He is accustomed to providing advice from an early stage, working closely with CPS departments and police forces, and is often instructed in cases involving complicated disclosure exercises.

Kaj has experience defending in a wide variety of cases, both as a led junior and in his own right. He has defended in cases ranging from complex fraud to serious sexual offences and assaults. He is approachable and straightforward with his clients, explaining legal and evidential matters whilst maintaining sensitivity and compassion for the needs and concerns of his clients.

He is experienced at advising young and vulnerable defendants. He has assisted in training for Registered Intermediaries and has completed the Vulnerable Witness course.

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Ongoing cases

  • One of several instructed by the Crown as disclosure counsel in the forthcoming Hillsborough prosecutions.
  • R v M and others (Stafford CC) – disclosure counsel in a multi-defendant slavery case involving a considerable disclosure exercise, including complex third-party disclosure.
  • R v M (Operation Fieldhouse) (Kingston CC) – Led junior (led by Paul Fairley) in a case involving the prosecution of 9 members of a criminal gang which engaged in a year-long spree of robbery, burglary and theft.

Recent notable prosecution cases

  • R v D and others (Operation Daraga) (2017 and 2018, Bournemouth CC) – Led junior (led by Barry McElduff) in the successful prosecution of 8 individuals running a large-scale ‘County Lines’ drug gang involving the transport of large quantities of cocaine and heroin from Liverpool to local operations in the Devon and Dorset areas, and subsequent onward distribution. The case involved complex disclosure issues surrounding undercover intelligence work, and close liaison with specialist police units.
  • R v A (2018, Reading CC) – Led junior (led by Barry McElduff) in a serious historic rape allegation involving substantial and complex historical disclosure issues.
  • R v S (2018, Bristol CC) – Successful prosecution of a lone trader for handling a stolen truck in a case involving “cutting and splicing” of vehicles and complex tracker evidence.
  • R v S (2018, Central Criminal Court) – Successful prosecution of the ‘driver’ in a multi-handed conspiracy to steal money from parking meters throughout Kensington and Chelsea.
  • R v O (2016 and 2017, Lewes CC) – Disclosure counsel in a rape case involving allegations of significant police misconduct and substantial third-party disclosure issues. Conducted a complete review of the disclosure process in the case following a change in investigating police force and an IOPC investigation.
  • R v M (2016, Bournemouth CC) – Led junior (led by Tony Bailey) in the successful prosecution of a former solicitor who defrauded clients during conveyancing transactions and falsified freehold and leasehold transfers for profit.

 Recent notable defence cases

  • R v L (2018, Bristol CC) – Led junior (led by Marion Smullen) in the defence of a client accused of being a member of a paedophile ring. The offences concerned a 9-month old baby whose godfather, whilst ostensibly looking after the child, was raping it and organising for others to attend his address and join in. L was accused of conspiring to seriously sexually abuse the child and taking part, with two others, in a rape on him on one occasion.
  • R v S (2018, Birmingham CC) – Instructed to defend a woman accused of stabbing her long-term partner through the torso and into the lung following an argument at Christmas.
  • R v W and M (2018, Newport (IoW) CC) – Acquittal of a young defendant accused of committing ABH during a night out.
  • R v T and others (2018, Newport (IoW) CC) – Defending one of three defendants accused of an affray with weapons and racially aggravated assault; client was the only individual acquitted of all charges.
  • R v B (2018, Southwark CC) – Acquittal of a vulnerable homeless man charged with exposure in Trafalgar Square where two police officers and a council worker asserted that they witnessed the offence.
  • R v MS (2017, Portsmouth CC) – Client acquitted of a burglary at trial with fingerprint evidence placing him at the scene.
  • R v N (2017, Portsmouth CC) – Client acquitted of dangerous driving and sentenced to a fine for the lesser offence of careless driving.
  • R v B (2017, Colchester Court Martial Centre) – Led by Sally Howes QC in the defence of a senior British Army Brigadier accused of negligently performing a duty in relation to claiming school fees whilst serving abroad.
  • R v Q (2017, Portsmouth MC) – Secured an acquittal for a youth charged with three assaults on a joint enterprise basis following legal argument on the new law at the time.

Other

  • Op Rhum (2018) – Privately instructed independent counsel in a review of complex electronic evidence for legally privileged material during an HMRC investigaion.

Education

  • LLB – University of York (2013)
  • BPTC – BPP Law School (2014)

Inn

  • Lincoln’s

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