Anthony Heaton-Armstrong2017-07-17T15:27:19+00:00
Anthony Heaton-Armstrong

Anthony Heaton-Armstrong

A particular reputation for prosecuting and defending
in cases involving allegations of sexual assault.

YEAR OF CALL 1973

Email
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Education

LLB (Hons) 1972 (University of Bristol)

Appointments

Crown Prosecution Service Level 3 and Specialist Rape Prosecutor

Memberships

Sat on numerous Government and professional committees tasked to effect improvements to the Criminal Justice System, notably those relating to disclosure, police interview techniques and the recording of witness statements
Appointed by the Home Secretary to conduct a fundamental review of the inquest and death certification systems (report published 2002)
Chairman of the Trustees of the charity ‘Witness Confident’
General Council of the Bar and Criminal Bar Association representative on the Forensic Science Regulator’s Quality Standards Specialist Group
Observer, appointed by the International Commission of Jurists, at trials held in Israel and Sri Lanka.
Executive trustee of the ALDO Trust, a charity which makes grants to prisoners for educational and welfare purposes.
Legal editor and member of the editorial board of ‘Medicine, Science and the Law’.
Member of the South-Eastern Circuit
Member Criminal Bar Association
Member British Academy of Forensic Sciences.

Overview of Practice

His practice focuses on prosecution and defence in cases involving allegations of serious sexual assault, child cruelty, violence, robbery, importation of and dealing in drugs, fraud, money-laundering and causing death by dangerous driving.

He has a particular reputation for prosecuting and defending in sexual assault cases and those involving mentally disordered defendants and witnesses. He has significant experience of defending in courts-martial and is highly knowledgeable about inquest procedures.

He has considerable experience of conducting conviction and sentence appeals in the Court of Appeal Criminal Division. A number of these have concerned novel and unusual strategies, e.g. calling an appellant to give fresh evidence that he should have run a duress defence at trial instead of alleging alibi; calling a co-defendant who chose not to give evidence at trial to give fresh evidence that he had been guilty of the offence and that the appellant had not participated.

He is the joint editor of 4 books whose subject matters are confession evidence and witness testimony and the author of in excess of 100 published articles concerning topics relevant to criminal justice and associated matters (see under ‘Publications’).

He has lectured to professional legal audiences on the collation of police evidence and cases involving allegations of sexual assault. He has advised the Home Office and the Association of Chief Police Officers on suspect interview techniques.

He has appeared on numerous radio and television programmes to discuss criminal justice issues

List of Notable Cases

R v. C – Defence of father accused of raping 3-5 year old daughter whilst resident in the U.S.

R v. Rafiq – Defence of one of several brothers accused of murder of driver in road rage incident.

R v. Tariq – Defence of Rafiq’s (above) brother in separate trial.

R v. Sofianova – Prosecution of Russian Millionairess accused of defrauding Legal Aid authority.

R v. Day – Defence of paedophile accused of historic attempted rape of a cousin then aged 5.

R v. B – Defence of father accused of raping his daughters over several years.

R v. Goddard – Southwark CC. Junior defence counsel alone for female music teacher at a London private secondary school accused of conducting an illicit same sex relationship with a 15 year old pupil.

R v. Hussain – Central Criminal Court. Leading counsel for defendant extradicted from Iraq in ‘honour’ killing murder.

R v. Martin – Hove CC. Leading counsel for the defendant in gangland conspiracy to murder.

R v. Skeete – Woolwich Crown Court. Conspiracy to escape (from the dock at Reading Crown Court during attempted murder trial).

R v. Goodwin
– St. Albans Crown Court. Confiscation proceedings arising from breach of enforcement notice by directors associated with Bishops Stortford Football Club – £5 million sought.

R v. Srivinayagem – Central Criminal Court. Leading junior for ring leader of Tamil gang charged with murder of rival in South London.

R v. Lynch – Aylesbury Crown Court. Numerous serious sexual assaults on nursery school infants by male owner/teacher.

R v. Singh – Central Criminal Court. Leading junior in murder by stabbing whilst defendant heavily intoxicated.

R v. Morten – Reading Crown Court. Represented principal assailant in six defendant gang rape.

R v. Wilmot – Inner London Crown Court. £17 million VAT fraud by qualified barrister.

R v. Caudle-Wood – Gloucester Crown Court. Grooming of schoolgirls for sexual intercourse by music teacher.

R v. Somervell – Reading Crown Court. Attempted murder of wife by mentally disturbed elderly man.

R v. Cook – Reading Crown Court. Murder of his mother by mentally disordered man – diminished responsibility.

R v. Sahebzadeh – Cambridge Crown Court. Leading junior for Afghanistani asylum seeker for murder of prostitute.

R v. Abebe – Croydon Crown Court. Extreme sexual and physical cruelty on close teenage relative by defendant (acquitted of principal charges following substantive trial in his absence).

R v. Markovitch – Southwark Crown Court. Fraud through grossly inflated expenses claim by Metropolitan Police interpreter, also a qualified barrister.

R v. Dumbliauskas – Southwark Crown Court. Leading junior for blind defendant, one of six in gang rape.

R v. Coles – Bristol Crown Court. First of two juniors led by Queen’s Counsel for defendant originally charged with circa 60 rapes and indecent assaults of different adult complainants.

R v. Hulme – Central Criminal Court. Led junior in last of the IRA bombing campaigns (BBC White City, Ealing and Birmingham).

R v. Gorman – Croydon Crown Court. Severe cruelty and assault against two infant children by father with Asperger’s Syndrome.

R v. Foster – Central Criminal Court. Attempted murder of autistic adult son (and attempted suicide) by mother.

R v. Phillips – Isleworth Crown Court. Attempted murder by stabbing.

R v. Tahir – Maidstone Crown Court. Fraud on the NHS by doctor.

R v. Olding – Kingston Crown Court. Serial rapes of female partner.

R v. Dunn – Woolwich Crown Court. Serial rapes of female partner.

R v. Knight – Isleworth Crown COurt. Historic sexual assault of child.

R v. Henry – Inner London Crown Court. Historic sexual assault of child.

Reported Cases

R. v. Kayani and Solliman. The Times. Wednesday January 12th 2012

R v. Del Basso and Goodwin [2010] EWCA Crim 1119 Court of Appeal

R v. Carneiro [2007] EWCA Crim 2170 Court of Appeal

R v. Rees and Others [2005] All ER 21

R v. K [2001] 3 WLR 471, House of Lords

R v. Jackson [2000] Crim LR 377, Court of Appeal

R v. JP [1999] Crim LR 401

R v. Grzybowski [1997] EWCA Crim 848 Court of Appeal

R v. Wells [1995] 2 Crim App R 417

R v. Jamel [1993] Crim LR 52

Books

Atkins Court Forms (Butterworths) Chapters on Restrictive Covenants(1976) and Appeals to the Crown Court in Civil Cases (1997/8).

Briefing Counsel
: Tolleys 1994, The chapter on Crime. Jointly with David Wolchover.

Confession Evidence: Sweet and Maxwell, Criminal Law Library 1996. Jointly with David Wolchover.

Analysing Witness Testimony A Guide for Legal and Other Professionals: Blackstone Press 1999. Foreword by Lord Bingham of Cornhill, Lord Chief Justice. Lead editor; associate editors: Professor Gisli Gudjonsson, Eric Shepherd and David Wolchover.

Witness Testimony: Psychological, Investigative and Evidential Perspectives: Oxford University Press 2006. Foreword by Lord Ludge, Lord Chief Justice. Jointly with David Wolchover, Lorraine Hope and Fiona Gabbert.

Witness Testimony in Sexual Cases: Evidential, Investigative and Scientific Perspectives: Oxford University Press 2016. Foreward by Lord Thomas of Cwmgiedd, Lord Chief Justice. Lead Editor: Pamela Radcliffe. Associate editor with Gisli Gudjonsson and David Wolchover.

Articles

Use of Notebooks in Court by Metropolitan Police Officers: May 1983, Legal Action Group Bulletin.

Police Officers’ Notebooks: 1985 Criminal Law Review 781.

Police Officers’ Notebooks – Recent developments: 1987 Criminal Law Review 169.

Knocking heads together: April 1993 Counsel. Jointly with David Wolchover.

Conferring at The Crossroads
: January 2009 Counsel. Jointly with David Wolchover.

Practice Points: Conferring and Collaboration: 15/1/09 Law Society’s Gazette. Jointly with David Wolchover.

Conferring Beyond the Crossroads: 24/09/11, 01/10/11 & 08/10/11 Criminal Law & Justice Weekly. Jointly with David Wolchover, Lorraine Hope and Fiona Gabbert.

Notebook Challenge: No Conferring: 12, 19 and 26/04 and 03/05/14 Criminal Law & Justice Weekly Vol 178. Jointly with David Wolchover, Lorraine Hope and Fiona Gabbert.

IPCC: 1 Met Police: 0 (Own Goal): 14 and 21/06/2014 Criminal Law & Justive Weekly Vol 178. Jointly with David Wolchover.

The Codes of Practice to the Police and Criminal Evidence Act 1984

What is an ‘Interview’?: 30/10/87 Police Review.

An End to Verbals?: 7/7/89 Police Review.

A Flawed Code: 9, 16, 23/3/90 New Law Journal. Jointly with David Wolchover.

Last fence for the new PACE Codes: September 1990 ‘Counsel’. Jointly with David Wolchover.

Nearly there on the Questioning Code?: 9.16.23, 30/11/90 New Law Journal. Jointly with David Wolchover.

Small steps to win justice: 19/3/91 The Times. Jointly with David Wolchover.

The Questioning Code Revamped: 1991 Criminal Law Review 232. Jointly with David Wolchover.

Cracking the Codes: 12/4/91 Police Review. Jointly with David Wolchover.

A rubber stamp that smacks of torture: 20/12/91 Police Review. Jointly with David Wolchover.

Custodial interrogation and false confession: January 1992 The Criminal Lawyer. Jointly with David Wolchover.

Manipulating suspects under PACE: 29/2. 7/3/92 Justice of the Peace. Jointly with David Wolchover.

Questioning and Identification: Changes under PACE ’95: Criminal Law Review 356. Jointly with David Wolchover.

A New Encroachment on the Right to Silence?: 2/6/03. Archbold News. Issue 5. Jointly with David Wolchover.

The Soft Underbelly of PACE: 10 and 17/08/13 Criminal Law & Justice Weekly Vol 177. Jointly with David Wolchover.

Identification – descriptions of suspects: 1986 Criminal Law Review 215.

Exorcising Dougherty’s Ghost 1991 New Law Journal. Jointly with David Wolchover.

Farewell to Forbes 15/8/03 Archbold News Issue 7. Jointly with David Wolchover.

A reply to “Forbes Alive and Well”: 3/11/03 Archbold News Issue 9. Jointly with David Wolchover.

Ending the farce of staged street identifications: 3/4/04 Archbold News Issue 3. Jointly with David Wolchover.

PACE Code C Review on video ID parades: The innocuous cloaking the insidious: 6/7/07 Archbold News Issue 6. Jointly with David Wolchover.

VIPER disappointments in the PACE review: 5/12/08 Archbold News Issue 10. Jointly with David Wolchover.

VIPER and The Vandalising of PACE: 3 and 10/1/09 Criminal Law and Justice Weekly Vol. 1. 1973. Jointly with David Wolchover.

Street Identification: 08/03/14 Criminal Law & Justice Weekly Vol 178. Jointly with David Wolchover.

Recording witness statements: 1992 Criminal Law Review 160. Jointly with David Wolchover.

The Eyes Have It: 28/2/92 Police Review. Jointly with David Wolchover.

Warts and All: 5/2/93 Police Review. Jointly with David Wolchover.

Disclosing witness statements: 26/2/93 Archbold News. Jointly with David Wolchover.

On the Record: 16/6/93 Law Society’s Gazette. Jointly with David Wolchover.

Recording and Disclosing Statements by Witnesses: Medicine, Science and the Law. Vol. 35. No. 2 April 1995. Jointly with David Wolchover.

A sounder System: 16/4/97 The Independent. Jointly with David Wolchover.

Tape recording witness statements: 6 and 13/6/97 New Law Journal. Jointly with David Wolchover.

Woeful Neglect: 4/5/07 New Law Journal. Jointly with David Wolchover.

Unreliable Evidence: July 2007 Counsel. Jointly with David Wolchover.

Wrongful acquittals – is HMG ‘bovvered’?: February 2008 Counsel. Jointly with David Wolchover.

Convicting the Innocent OK?: 5/7/08 Justice of The Peace Vol. 172. Jointly with David Wolchover.

Taping Witness Statements for Truer Verdicts: 7/2/09 Criminal Law and Justice Weekly Volume 173. Jointly with David Wolchover.

A plea for better JSB model directions on inconsistency: 3/4/09 Archbold News Issue 3. Jointly with David Wolchover.

Audio Recording Witness Statements – No Further Excuses, P-lease!: 5/6/10 Criminal Law and Justice Weekly Volume 174. Jointly with David Wolchover.

Self-administered Witness Interviews: 5, 12, 19, 26/1/13. Criminal Law and Justice Weekly Volume 177. Jointly with David Wolchover, Lorraine Hope and Fiona Gabbert.

Send the Judges back to Jail: The Times 10/4/90.

Judges should go back to school: 8/1/93 New Law Journal.

Eye-witness testimony and Judicial Studies April 1995 Medicine, Science and the Law Vol. 35 No. 2.

Disclosure under The Criminal Procedure and Investigations Act 1996: 16/7/99 Archbold News Issue 6. Jointly with David Corker.

The Disclosure Crisis: The Criminal Bar Association Newsletter September 1999.

The (Un)workability of the Disclosure Provisions of the Criminal Procedure and Investigations Act 1996 – Disaster in the Criminal Law? 1999 94 Medicine, Science and The Law Vol. 39, No. 2.

Time to get it Right: CBA Newsletter March 2000.

Disclosure – is the worm turning, at last? 2000 94 Medicine, Science and the Law Vol. 40, No. 2.

Disclosure: CBA Newsletter June 2000.

Disclosure – Two Steps Forward, More to Come?: CBA Newsletter March 2001.

Disclosure Revisited: CBA Newsletter March 2002.

Debunking rape myths: 25/1/08 New Law Journal. Jointly with David Wolchover.

The Rape myths myth: March 2008 Counsel. Jointly with David Wolchover.

Rape, myths and statistics: May 2008 Counsel. Jointly with David Wolchover.

The truth about rape: forget the myths and look at the statistics: 15/10/09 The Times. Jointly with David Wolchover.

Rape Trials: 24/04/10 Criminal Law and Justice Weekly Volume 174. Jointly with David Wolchover.

Rape – myth and reality and the need for balance: July 2010 Medicine, Science and the Law Volume 50: 111-115.

Rape Defendant Anonymity: 7 & 14/1/12 Criminal Law and Justice Weekly Volume 176. Jointly with David Wolchover.

Anonymity Before Charge: 4 & 11/5/13. Criminal Law and Justice Weekly Volume 177. Jointly with David Wolchover.

Safeguarding Pre-Charge Anonymity by Law: 15 and 22/06/13 Criminal Law & Justice Weekly Vol 177. Jointly with David Wolchover.

A Guarantee Scheme for Pre-Charge Anonymity: 23/12 and 07/12/13 Criminal Law & Justice Weekly Vol 177. Jointly with David Wolchover.

Rape and the Prosecution Threshold: 12, 19 and 26/07/14 Criminal Law & Justice Weekly Vol 178. Jointly with David Wolchover.

Sir Cliff Richard’s Limbo 30th August/6th September, 13th , 20th and 27th September 2014 Criminal Law and Justice Weekly Vol 178. Jointly with David Wolchover.

Naming Uncharged Suspects to Encourage Other Complainants: 28th March 2015 Criminal Law and Justice Weekly Vol 179. Jointly with David Wolchover

The Last Page: Historic allegation of sexual assault – true or confabulated? Medicine Science and the Law 2015 Vol 55(1) 68; Answers 142.

Goddard’s Muddled Programme: 19/03/16 Criminal Law and Justice Weekly Vol 180. Jointly with David Wolchover

Has Goddard lost the plot?: 16/04/16 Criminal Law and Justice Weekly Vol 180. Jointly with David Wolchover

Time to rein in the Independent Inquiry into child Sexual Abuse: 09/06/16
The Times. Jointly with David Wolchover

IICSA: a challenge to due process?: April 2017 ‘Counsel’. Jointly with David Wolchover

New Labour’s attack on trial by jury: 30/10/98 New Law Journal. Jointly with David Wolchover.

The right to jury trial
: 11/2/00 New Law Journal. Jointly with David Wolchover.

Star Chamber or a Secret Gang of 12?: 4/7/09 Criminal Law and Justice Weekly Volume 173. Jointly with David Wolchover.

Twelve Good Men and True – and safe: October 2009 Counsel. Jointly with David Wolchover.

Reasonable Doubt: 7/8/10 Criminal Law and Justice Weekly Volume 174. Jointly with David Wolchover.

The verdict of the Court – and its Clerk? – Can justice be seen to be done behind closed doors? 31/5 and 7/6/86 Justice of the Peace Volume 150.

An appeal against an ‘over-lenient’ sentence – avoiding the lynch mob: 30/4/88 Justice of The Peace Volume 152.

Cross-examining police officers on their past: 6, 13/9/91 New Law Journal. Jointly with David Wolchover.

Disclosure, Hearsay and Previous Misconduct – Progress in the Criminal Law? 1997 94 Medicine Science and the Law Vol. 38, No. 2.

The Effectiveness of Juries and the Use of the Civil Courts in the Control of Crime – The Emperor’s New Clothes?: 1998 94 Medicine Science and The Law Vol. 38, No. 2.

Detention of psychopaths without trial, goal cell confessions and the case against Michael Stone: 26/2/99 New Law Journal. Jointly with David Wolchover.

Confessors of the (prison) Cloth: 25/5/05 Archbold News Issue 5. Jointly with David Wolchover.

A review of the coroner system in England and Wales: a commentary: September/October 2005 Clinical Medicine Volume 5, No. 5. Jointly with Professor Sir Colin Berry.

Gateway (g): casting imputations and putting in the defendant’s form: 6/3/06 Archbold News Issue 2. Jointly with David Wolchover.

Guilty pleas and PSR gaffes: 1/12/06 Archbold News Issue 10. Jointly with David Wolchover.

Outdoor clerking: the impact of LGF on defence trial advocacy: 7/3/08 Archbold News Issue 2. Jointly with David Wolchover.

Expert Witnesses: Jones v Kaney and the Law Commission’s report: Medicine, Science and the Law July 2011. Jointly with Lizzie Acker.

Up the Steps: representation by advocates in Crown Court cases. Inside Time May 2012

Dumping Newton: resolution of basis of plea disputes. 2, 9 & 16/6/12 Criminal Law and Justice Weekly Volume 176. Jointly with David Wolchover.

Bang ’em All Up – at Home? 15, 22 & 29/9/12 Criminal Law and Justice Weekly Volume 176. Jointly with David Wolchover, Lorraine Hope and Fiona Gabbert.

Senile Dementia and Unfitness to Plead: 25/04/15 Criminal Law and Justice Weekly. Jointly with David Wolchover.

Senile Dementia and Unfitness to Plead: A postscript 02/05/15 Criminal Law and Justice Weekly. Jointly with David Wolchover.

From Abuse to Abuse: 15/08/15 Criminal Law and Justice Weekly Vol 179. Jointly with David Wolchover.

Clarifying Senile Dementia and Unfitness to Plead 23: 30/01/16 and 06/02/16 Criminal Law and Justice Weekly Vol 180. Jointly with David Wolchover.

Numerous book reviews and ‘Letters to the Editor’, the Times, Guardian et al.