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Background

Giles Pengelly

Call: 2017

Giles Pengelly practices exclusively in criminal law, where he both prosecutes and defends.

Expertise

Crime

Giles now exclusively practices in criminal law, where he both prosecutes and defends in the Magistrates’ Court, Youth Court, and Crown Court.

Unusually, for a Midlands-based criminal barrister, Giles also regularly appears in extradition proceedings at Westminster Magistrates’ Court.

Giles is hard-working and responsive – he likes to get involved, early, in a party’s preparation for trial. Particularly when defending, Giles takes time and care with his clients to understand their positions and to provide them with reassurance.

Giles is a confident trial advocate and, where appropriate, will fearlessly argue points of law for his clients.

Giles has first-hand experience of the decision-making processes, and culture, of the police and the Crown Prosecution Service (“CPS”). Among other things, Giles was seconded to the CPS as a Senior Crown Prosecutor from May to December 2022.

Giles was appointed as a Legally Qualified Chair of the Police Misconduct Panels for the South Eastern Region in December 2023.

Reported Cases

  • Souza v Souza [2021] EWHC 199 (Fam) (Royal Courts of Justice, Cohen J)
  • Ali v Barbosa [2019] EWHC 2776 (Fam); [2020] 2 F.C.R. 263 (Royal Courts of Justice, Lieven J)

Notable Crime Cases


Reg v D B (Crown Court sitting at Wolverhampton)

Defended at a trial of issue concerning the possession with intent to supply 6kg of cocaine; the Defendant’s basis of plea asserted she was ‘lesser role’ within the sentencing guidelines. Before the hearing, she was advised abandon her basis of plea and expect a sentence of around ten years imprisonment. At the trial of issue, the basis of plea was abandoned; nevertheless, the Court accepted all of Giles’ submissions and sentenced her to four years imprisonment.


Rex v K A (Crown Court sitting at Birmingham)

Instructed to prosecute a ten-day trial concerning allegations of controlling and coercive behaviour comprising both the ‘violent’ and ‘non-violent’ offences. The Defendant pleaded guilty to the non-violent offence only and received 27months immediate imprisonment consecutive to another sentence.


Reg v S B (Crown Court sitting at Birmingham)

Defended at a sentence involving numerous child images offences and attempting to cause a child to engage in sexual activity which, in turn, involved the making of threats and blackmail. After hearing both sides, including the Defendant’s strong personal mitigation and making various protective/other orders, the Court imposed a sentence of two years imprisonment suspended for 18months.


Rex v H & L (Crown Court sitting at Wolverhampton)

Prosecuted a two-handed seven-day trial concerning allegations of robbery involving six child witnesses. Contested argument to exclude cell-site evidence.


Rex v N S & others (Crown Court sitting at Warwick)

Defended at a seven-day trial concerning a serious violent incident which involved the use of an axe. The Court accepted Giles’ submission of no case to answer in relation to one of the two charges; after N.S. was convicted of affray, the Court accepted Giles’ submissions about the limits of the prosecution’s evidence of N.S.’s involvement – N.S. received a suspended sentence.


Related News, Resources and Events

Publications


‘Leading’, ‘Significant’, or ‘Lesser’ Role in the Drugs Sentencing Guidelines?

The Sentencing Council’s guidelines on the supply, production, and importation of controlled drugs (“the guidelines”) require that a sentencing court assess culpability by reference to…

News


Giles Pengelly Appointed Legally Qualified Chair of the Police Misconduct Panels

Chambers is pleased to announce that Giles Pengelly has been appointed as a Legally Qualified Chair of the Police Misconduct Panels for the South Eastern…

View all related news

  • 2018 – Baron Dr. Ver Heyden de Lancey Prize (Middle Temple)
  • 2016 – Brick Court Chambers Scholarship (Middle Temple)
  • Midlands and Oxford Circuit
  • Criminal Bar Association
  • Extradition Lawyers’ Association
  • Derby and District Law Society
  • Legally Qualified Chair of the Police Misconduct Panels, South Eastern Region
  • Grade Two Prosecutor (General Crime)
  • Grade Two Specialist Prosecutor (Serious Crime and Proceeds of Crime)
  • Grade One Specialist Prosecutor (Extradition)
  • LLM, European Public Law and Governance – Maastricht University, The Netherlands
  • MA (Cantab), Philosophy and Law – King’s College, Cambridge

Related News, Resources and Events

Publications


‘Leading’, ‘Significant’, or ‘Lesser’ Role in the Drugs Sentencing Guidelines?

The Sentencing Council’s guidelines on the supply, production, and importation of controlled drugs (“the guidelines”) require that a sentencing court assess culpability by reference to…

News


Giles Pengelly Appointed Legally Qualified Chair of the Police Misconduct Panels

Chambers is pleased to announce that Giles Pengelly has been appointed as a Legally Qualified Chair of the Police Misconduct Panels for the South Eastern…

View all related news

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