Lynette McClement

Career background

After graduation in South Africa, worked for several months as a legal assistant in the early stages of the Truth Commission.

Practice details

Crime

Instructed to appear on behalf of both defence and prosecution, at Crown Court and appellate level, in the full range of criminal work : murder / manslaughter, offences against the person and public disorder, fraud and other forms of dishonesty, rape and sexual offences against adults and children (current and historic).   Frequently instructed to represent defendants who are vulnerable by reason of youth or mental health issues.   Prosecution work has included instructions to represent HM Revenue and Customs Prosecution Office, Department of Work and Pensions.   Experienced in dealing with substantial confiscation hearings under the POCA regime.   

Recent instructions have included :

• instructed to defend one of 9 defendants charged with large-scale conspiracy to supply Class A drugs
• represented one of two parents charged originally with manslaughter of their 6 month old infant, case included complex scientific and medical evidence, ultimately resolved as child neglect ;  also advised regarding High Court injunction to prevent identification of that child and its surviving sibling
• represented a defendant who administered heroin in order to rape his daughter
• instructed to represent various defendants charged with child cruelty
• several cases of serious violent disorder surrounding football matches
• POCA experience has included applications for certificate of inadequacy, and appearing on behalf of intervenor in such proceedings  
• in Divisional Court, has argued ‘appropriate terms’ for ASBO’s, and (in a separate case) responded to an appeal by police authorities regarding an ASBO
• successfully argued habeas corpus arising from the unlawful detention of a prisoner following licence provisions implemented by the Criminal Justice Act 2003 :  the case resulted in alteration to national prison service policy