- Manchester Metropolitan University - LLB
- BVC - Very Competent.
- CPS Advocates Panel - Cat 3 (R)
- Attorney General's Unified List of Prosecution Counsel - Cat C
- GMC Approved Panel of Advocates
- Criminal Bar Association
- Northern Circuit
- Young Fraud Lawyers Association
- Manchester and District Medico-Legal Society.
Rosalind has been appearing on behalf of the General Medical Council presenting cases before Fitness to Practice Tribunals since 2010. During that time her caseload has become more complex and now includes specialist clinical cases and allegations of deficient professional performance in addition to misconduct cases.
Rosalind prosecutes and defends serious cases of significant complexity in the Crown Court. The majority of her practice is made up of serious sexual offences and fraud.
She also has extensive experience of the Court of Appeal with an enviable success rate.
She is regularly instructed in large scale frauds and drug conspiracies involving voluminous paperwork. She takes a methodical and diligent approach to her case preparation, is robust in court and always puts her clients first.
She is also instructed in respect of general crime including allegations of dishonesty, false imprisonment, kidnap, violence, neglect and child cruelty, drug offences and arson.
She has extensive licensing experience with a solid command of the Licensing Act and associated case law. She regularly appears before licensing committees and the Magistrates’ Court in respect of appeals. She is a member of the Institute of Licensing.
She prosecutes and defends local authority prosecutions including benefit fraud, Consumer Protection from Unfair Trading Regulation cases, food hygiene cases, building and planning regulation cases, fly tipping cases and waste disposal cases. In this context she has advised in respect of stating cases and judicial review, drafting grounds and responses if required.
Regulatory and Health & Safety
In addition she defends HSE prosecutions and provides representation from inquest through to the Crown Court.
She regularly presents cases on behalf of the General Medical Council at Fitness to Practice hearings and reviews of Fitness to Practice hearings.
Court of Protection and Mental Health Law
Having practised in crime for 15 years dealing with the most serious offences, Rosalind has regularly defended clients with serious mental health issues and capacity issues. She is now often specifically requested to represent clients with mental health issues due to the experience and reputation she has developed. This requires keen knowledge of the Mental Health Act 1983 and Mental Capacity Act 2005 and she has in the past been required to represent a man in the criminal courts who was deemed not to have capacity to litigate in the parallel family proceedings. This required a working knowledge of The Mental Capacity Act 2005 for the purposes of appearing in disclosure hearings before the High Court in the family case and required an analysis of the interrelationship between the capacity to litigate and whether a defendant is fit to plead.
In light of her experience Rosalind has developed an interest of Court of Protection work and Mental Health law and has undertaken specific training in relation to MCA and DOLS which has served to confirm her interest in the field.
GMC -v- Dr O
Dr O was facing allegations amounting to misconduct on the basis that on two occasions he contacted his employers to report that he was too unwell to work but in fact performed locum shifts elsewhere. Additionally he failed to inform his employer that a clinical attachment had concluded and so was paid for a three month period of work he did not perform. Dr O sought to rely on technicalities in his contract of employment to justify his conduct. Dr O also faced allegations of clinical misconduct in that he failed to diagnose a patient with a significant post biopsy bleed.
GMC -v- Dr W
This case involved allegations of a complex nature regarding the care provided by a Consultant Clinical Oncologist. The case involved particularly dense expert medical evidence and an ability to be flexible in approach throughout the twists and turns of the case.
GMC -v- Dr P
Represented the GMC against a Doctor who was facing a wide range of clinical allegations regarding his work as a Consultant Plastic Surgeon at a private clinic in Preston. The witnesses were made up of number of woman who were unhappy with the results of surgery and obviously detailed expert evidence was required in this case. The doctor also faced allegations of dishonesty in that it was alleged and found proved that he had falsified medical records to cover up his errors. The case lasted in the region of five weeks. The doctor was erased from the medical register.
GMC -v- Dr B
Dr B faced allegations of misconduct in that he used his position to pursue an emotional relationship with a patient. He further faced allegations relating to the inappropriate writing of prescriptions for the same patient.
R v KF
S18 with a claw hammer.
R v JC
Secured the acquittal of a former teacher charged with nine charges of historical indecent assault and two serious sexual offences.
R v KB
Defends client who was later acquitted of 22 counts of rape and sexual assault
R -v- L
Secured the acquittal of a woman charged with seven counts of engaging in sexual activity with a child.
R -v- TC
The case was a theft in breach of trust.
The defendant stole £20,000 from her daughter's bank account having been entrusted with the bank card to ensure her daughter didn't dip in to the money. The defendant's daughter was saving for her wedding and had put her inheritance from her father in the account.
The Judge was persuaded to suspend the 12 month sentence of imprisonment.
R v Walsby-Tickle
Led Junior, first on the indictment in respect of a fraud against the NHS by an optician. The value of the fraud being well in excess on £1 million.
R v Adnan Kanj
Led Junior in respect of a six month money laundering trial linked to a multi million pound MTIC fraud.
Health and Safety
HSE v Siteweld Construction.
Fatal HSE prosecution following a crane collapse. Defence.
R v Bowden
Instructed as led junior in respect of a murder allegation following an arson attack at a family home.
Health and Safety
HSE v Capita Properties
Fatal HSE prosecution, led junior for defence
R v Crossley
A three month trial where my client was facing allegations of assisting an offender. The offender in question was charged with murder and kidnap following a violent gang attack. The body was never found.
R v Terri Ann Davies
Led junior defending in an allegation of perverting the course of justice arising out of a 5 handed murder.
R v Stephenson
Historic rape allegations from 3 family members. This case involved complicated issues relating to the interrelationship between fitness to plead and having capacity to take part in court proceedings pursuant to the Mental Capacity Act 2005.
R v Johns
16 counts of Rape and indecent assault on 3 young boys. Defending.
R v Aikman
Rape and Indecent assault X10 with 3 complainants. Defence.
R v Aydin
A taxi driver charged with raping a patient he had collected from a psychiatric hospital. The trial judge commented that he had been represented with “conspicuous ability”.
R v Ord
Possession with intent to supply class A drugs on a commercial basis. defence.
R v Palmer, Smith and others
Five handed conspiracy to supply class A drugs, undercover police investigation, led junior for the defence.
R v Scott.
Five allegations of armed robbery of Manchester City centre bookmakers.
Health and Safety
HSE v Carter Brothers
Fatal HSE prosecution, defence
An advocate who uses her broad experience in criminal law to good effect in disciplinary cases in the healthcare sector. She regularly acts for the GMC and has a wide knowledge of the MPTS, with a particular focus on fitness to practise hearings and reviews of fitness to practise hearings. "She has a well-rounded knowledge of regulatory matters, takes a sensible approach on cases to progress them and is liked by the client." "A busy practitioner in the GMC. Very tenacious and very thorough in cross-examining. A very confident, impressive performer."Chambers and Partners, 2018
A junior who comes highly recommended for her work ethic and her client care skills. She regularly handles serious crime and complex fraud matters, acting as both prosecution and defence counsel in cases concerning violent and sexual offences. She also has a thriving regulatory practice, has prosecuted a number of cases for the HSE and frequently presents cases before the Medical Practitioners Tribunal. "She is very sharp, hard-working and has a nice manner with clients."Chambers and Partners, 2018
‘Clients know she will fight tooth and nail for them.’Legal 500, 2017
A junior who comes highly recommended for her work ethic and her client care skills. She regularly handles serious crime and fraud matters, acting as both prosecution and defence counsel on cases concerning violent and sexual offences. She also has a thriving regulatory practice. "A good lawyer who is hard-working and bright." "A very good advocate who can read the situation well in terms of the judge and who is very versatile and effective."Chambers UK, 2017
Appearing regularly at the Crown Court, Emsley-Smith defends and prosecutes serious fraud cases and handles sexual assault offences. She also has a good performance history before the Court of Appeal. Instructing solicitors recommend her for her work. "A good performer with a tremendous track record of getting results."Chambers UK, 2016
"A versatile and able advocate" "well regarded for her work relating to the General Medical Council"Legal 500 2016
‘She is diligent, hardworking, and has an excellent client manner.’Legal 500, 2015
‘dynamic and astute in court’.Legal 500, 2014
'Recommended Junior'Legal 500, 2013
'efficient, well prepared and flexible, and is dynamic and astute in court.'Legal 500, 2012
'is a rising star.'Legal 500, 2011