64 High Street
Lewes
East Sussex
BN7 1XG
DX: 50250 Lewes 4
Tel: 01273 480510
Fax: 01273 483179

Martha Walsh

Martha Walsh

Called 2000   |   Email: mwalsh@westgate-chambers.co.uk

Area of Practice

Martha has a dynamic practice acting for both prosecution and defence.  She is instructed by a range of prosecuting authorities, including the HMRC, the Department for Business, Innovation and Skills; the UK Border Agency, and, having developed a specialist practice in prosecuting benefit fraud, the Welfare, Rural and Health Division of the CPS.  Martha is widely regarded as fair but firm Prosecutor.

Martha’s defence practice is equally varied. She is often requested to act for vulnerable clients and in cases which demand sensitivity.

Whether acting for prosecution or defence, Martha is known to excel in legal arguments.

Confiscation proceedings and matters with an immigration element are also areas in which Martha has significant experience.

Martha is currently an Associate Tutor in Criminology at the University of Sussex.

Notable Cases

  • R-v-Hamauon Khan. Ongoing. Instructed by HMRC in £295,000 tax fraud.
  • R-v-Tarlok Sarai. November 2014, Court of Appeal, Criminal Divison. Successfully challenged imposition of requirement of SOPO for vulnerable defendant to leave his home.
  • R-v-Peter Fischer. July 2014.  Lewes Crown Court Instructed by CPS (Welfare, Rural, and Health Division). £84,000 benefit fraud involving 4 different benefits over 8 years and where defendant had three identities. Defendant pleaded guilty on the day of trial.
  • R v Radford. February 2013, Lewes Crown Court.  Instructed by CPS (Welfare,Rural and Health Division). Contested confiscation hearing following guilty plea to benefit fraud.  Confiscation order made exceeding defence figure on benefit and available amount.
  • R v Sarah Jane Smith April 2013. Lewes Crown Court.  Instructed by CPS (Welfare, Rural and Health Division). Initially a contested confiscation hearing where defence attempted to go behind guilty plea to benefit fraud by challenging all prosecution evidence.  Defence eventually accept order to be made and figure close to prosecution figure is agreed.
  • R v Lisa Taylor January 2012. Lewes Crown Court.  Instructed by Department for Work and Pensions. 3 Counts of benefit fraud alleging failure to notify change of circumstances regarding living together with partner.  Guilty verdict after trial.
  • R v Lee Brown and Heidi Brown February 2012 Chichester Crown Court   .  Instructed by Department for Work and Pensions. Multiple counts of benefit fraud amounting to £119,000 relating to false declarations as to income exceeding the prescribed sum.  Guilty verdict after 2 week trial.
  • R v David Tomlin March 2012. Lewes Crown Court. Instructed by Department for Work and Pensions. Counts alleging fraud vis a vis failure to disclose information to obtain pension credit. Guilty verdict after trial.   Confiscation order made after contested hearing in March 2013.
  • R v David Goymer. September 2011Lewes Crown Court.  Instructed by Department for Business, Innovation and Skills. Contested confiscation hearing following guilty pleas to four counts of obtaining credit whilst bankrupt. Confiscation order made in full amount sought (£40,000).
  • R –v- Kevin Kennedy. October 2013.  Chichester Crown Court.  Secured acquittal in reverse burden case on possession of bladed article.
  • R v Lyons.  Defendant pleaded guilty unlawful wounding in stabbing her husband. Secured non-custodial sentence.
  • R v Narey.  Successfully case stated imposition of section 41 restriction order on schizophrenic drug courier.

Qualifications

  • BA in Government
  • MA (Distinction) Gender and Development
  • PgDL
  • BVC

Professional Associations

  • Criminal Bar Association
  • South Eastern Circuit
  • Sussex Bar Mess

Publications

Walsh, M (2008) “Gendering International Justice: Progress and Pitfalls at the International Criminal Tribunals.” In D. Pankhurst (ed.) Gendered Peace. Women’s Struggles for Post-War Reconciliation and Justice. Routledge, Oxford.

Walsh, M (2003) “The International Bar Association Proposal for a Code of Professional Conduct for Counsel Before the ICC (Towards Suprajurisdictional Standards?)”. Journal of International Criminal Justice 1 (2003) 490-501.

Additional Information

Member of the Attorney-General’s List of Approved Advocates and VHCC Panel.

Legal Internship at the International Criminal Tribunal for the Former Yugoslavia (2002).

Interests

Travel, international development and women’s rights issues.