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Home »  Barristers »  Sarah Hemingway

Sarah Hemingway


Practice

Civil Actions

As part of an expanding practice in actions against public authorities, Sarah has a particular interest in police actions. She has been instructed in jury trials involving false imprisonment, assault and malicious prosecution and regularly advises on similar claims. She was a junior in the case of Alford v CC Cambridgeshire where a serving officer brought a claim against a neighbouring police service for false imprisonment and malicious prosecution. She worked on several police actions as a pupil, including claims brought by officers against their own service, but most notably the case of Marper v UK wherein the ECtHR unanimously held that the blanket retention of DNA breached Article 8.

She continues to work as a human rights expert for the Council of Europe training police in developing countries (completing missions in Georgia, Albania, Azerbaijan, Russia) and has represented Northern Ireland at international seminars held in Paris and Strasbourg.

Inquests

Sarah's inquest work includes deaths in custody, deaths occurring soon after contact with police and health authorities, and deaths at work or those involving prospective prosecutions by the Health and Safety Executive. Civil claims in negligence or Article 2 claims following the inquest procedure are growing areas of practice.

Prison Law

Sarah is regularly instructed in prisoner adjudications and parole board applications, providing written representations and advocacy at oral hearings. She also advises on potential challenges to recall and varied prisoner complaints.

Judicial Review

Sarah has mainly advised on judicial reviews arising from the criminal justice system such as the decisions of Magistrates, the Criminal Cases Review Commission, the Parole Board and the Independent Police Complaints Commission. She has represented prisoners in their applications before the High Court and has recently obtained permission in cases against the Parole Board and IPCC.

Protests and Demonstrations

Whilst practising criminal law in the Magistrates' and Crown Courts Sarah gained substantial experience in the area of protest cases, such as those arising out of 'Climate Camp' and other environmental campaigns, including sentencing of the 49 Stansted Protesters (Plane Stupid) case. She continues to represent people in cases where there is a potential civil claim arising out of police acts or omissions.

Immigration

As well as representing clients before the AIT, both on appeal and at the reconsideration stage (challenging the decisions of ECOs and the SSHD), Sarah has also worked for the Asylum Support Appeals Project which provides free representation for failed asylum seekers needing financial support and housing. She also works pro bono for the organisation Bail for Immigration Detainees (BID) providing free representation at bail hearings in the AIT.

Publications

Legal Response to Women as Victims of Trafficking: A European Perspective, Pakistan Journal of Women's Studies: Alam-e-Niswan, Vol 16, No. 1&2, 2009 (co-authored with Phillippa Kaufmann)

DNA Discrimination, New Law Journal (co-authored with Azeem Suterwalla) April 2008

Challenges in Defining and Operationalising a Human Rights-Based Approach to Development: Experience from the Rights-Based Municipal Assessment and Planning Project in Bosnia and Herzegovina, IDPM, University of Manchester, 21-22 Feb 2005

The Impact of Tourism on the Human Rights of Women in South East Asia; The International Journal of Human Rights, vol.8, No.3, pp.275-304 Autumn 2004

Sexual Minorities and the International Human Rights Framework; presented at Croatian Helsinki Committee for Human Rights Summer School, "3rd Generation Human Rights", September 2003.

Excess Baggage?: The Responsibility of Companies and Individuals for Human Rights Abuses within the Tourism Industry, Human Rights Law Review Student Supplement, 2002.

Background

Before coming to the Bar Sarah was the Human Rights Training Advisor to the Police Service of Northern Ireland. She has also worked extensively on human rights issues at the international level. As a Human Rights Officer at the OSCE/ODIHR (Poland) she worked with the Senior Legal Advisor on anti-trafficking issues and developed an in-house training package on international human rights law. As an Immigration and Human Rights Consultant for the UN Office of the High Commissioner for Human Rights (Bosnia and Herzegovina) she worked predominantly on issues of trafficking, discrimination and economic and social rights.

Societies

Police Action Lawyers Group
Inquest Lawyers Group
Human Rights Lawyers Association
Free Representation Unit (Employment Law)
Fair Trials International Young Defenders Network 2009

 

(Last Updated: January 2010)

 Sarah Hemingway

Year of Call
2006

Education
BA(hons) Politics LL.M. Human Rights Law (University of Nottingham) Middle Temple Diplock Scholar

Send Email

Telephone
020 7993 7757

Practice Areas
Sarah Hemingway is a member of the following Practice Areas:
- Civil Law
- Claims Against The Police & Public Authorities
- Extradition Law
- Immigration
- Inquests
- Mental Health
- Prison Law
- Public & Administrative Law

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