Rosa Bennathan practices primarily in criminal, regulatory and public law.

Her recent instructions include cases of alleged terrorist offences, possession with intent to supply, sexual assault, and arson with intent to endanger life.

Before coming to the bar, she worked in organisations aimed at addressing violence against women, including the Centre for Women’s Justice. There, she worked on strategic litigation focused on the criminal justice system.

Outside of court she has an advisory practice with a particular focus on sanctions, international jurisdiction, and issues of national security.

Legal Expertise

Crime overview

Rosa regularly defends in the Magistrates’ and Crown Courts.

Current and recent instructions include:

 

Notable Crime cases

R v R (2024)

Led by Simon Farrell KC. Representing a woman accused of conspiracy to supply a large quantity of cocaine. This case involves novel arguments on the admissibility of ‘encrochat’ evidence.

R v B (2024)

Representing a police officer accused of sexually assaulting her colleague at a work event.

R v O (2024)

Representing a man accused of eight counts of hoaxing a chemical weapons attack. Following the submission of a defence skeleton on dismissal, the prosecution did not pursue the terror charges and the defendant pleaded guilty to a single count of public nuisance, resulting in a community order.

R v S (2022)

Represented a woman charged with three offences after painting ‘rapist’ on her neighbour’s door and attending his address with a knife. The prosecution offered no evidence following defence submissions on the public interest in prosecuting in light of the defendant’s mental health and violations of her article 3 rights by the police failure to investigate her earlier report of having been raped by the neighbour.

Regulatory & Licensing Law overview

Rosa acts on both sides of regulatory matters and acts for licensing authorities and appellants in the Magistrates’ and Crown Courts.

Current and recent instructions include:

Notable Regulatory & Licensing Law cases

PS H (2024)

Representing a police officer accused of using a racial slur about a colleague. The panel accepted the officer’s account of the language used and that there had been no racist intent. The officer received a final written warning.

PC F (2023)

Representing a police officer at an Accelerated Misconduct Hearing. The officer had accepted a criminal caution for a Data Protection offence involving the unlawful sharing of information about a criminal investigation. The officer received a final written warning.

HCP v D (2023)

Presenting for the Health & Care Professions Council in relation to a registrant accused of using and sharing proscribed drugs at a party. The registrant was suspended from practice.

Public Law overview

Rosa acts in inquests, inquiries, and judicial reviews.

Current and recent instructions include:

Notable Public Law cases

R (Q) v Chief Constable of [Police Force] (2024)

Led by Kevin Baumber. Representing an Officer whose vetting was removed on the basis of an unsubstantiated allegation.

Inquest into the death of S (2023)

Represented a police force in an inquest following the death of a woman at her home. The death was found to be an accidental death resulting from drug and alcohol toxicity.

Civil Law overview

Rosa is regularly instructed in civil forfeiture matters and applications for civil orders including gang injunctions.

Sanctions & Advisory Work overview

Rosa is regularly instructed to advise companies and individuals in relation to the UK sanctions regime. She also has an advisory practice with a focus on police powers and matters concerning national security and international jurisdiction.

  • Criminal Bar Association
  • Young Fraud Lawyers Association
  • Defence Extradition Lawyers Forum
  • Barrister Training Course (Distinction) (2021)
  • Lord Denning Scholar, Lincoln’s Inn (2020 / 2021)
  • Graduate Diploma in Law (Distinction) (2019)
  • London School of Economics, MSc in Gender, Policy, and Inequalities (2015)
  • University of Oxford, BA in English Language and Literature (2013)
  • Crown Prosecution Service (General Crime) Level 1
  • Centre for Women’s Justice Legal Reference Panel

I, Rosa Bennathan, am a data controller and can be contacted at 3 Raymond Buildings, Gray’s Inn, London WC1R 5BH or by telephone on 020 7400 6400 or by email at rosa.bennathan@3rblaw.com. My Data Protection Policy can be found here.

All personal data that I process is for the purposes of providing legal services, conducting conflict-checks, marketing, defending potential complaints, legal proceedings or fee disputes, keeping anti-money laundering records, training other barristers and pupils and when providing work-shadowing opportunities, and/or exercising a right to a lien. The types of data I process vary upon the nature of the legal matter in relation to which I am engaged to advise, but can include names, contact details, biographic details and ‘special category personal data’ (such as details of racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sex life and criminal convictions and proceedings).

Depending upon the circumstances of the case, the legal bases upon which I process personal data are (i) the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract, (ii) the processing is necessary to comply with legal obligations to which I am subject, or (iii) the processing is necessary for the legitimate interests set out above, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subjects which require protection of personal data, in particular where the data subject is a child. When I rely on (iii) legitimate interests, my ‘Legitimate Interests Assessment’ can be found here. When I process data which has not been obtained directly from the data subject (e.g. personal data contained in evidential materials), it will have been supplied to me as part of my instructions in circumstances covered by legal professional privilege.

Depending upon the circumstances of the case, I may share the personal data with:

  1. my Chambers, which supplies professional and administrative support to my practice;
  2. Courts and other tribunals to whom documents are presented;
  3. my lay and professional clients;
  4. potential witnesses, in particular experts, and friends or family of the data subject;
  5. solicitors, barristers, pupils, mini pupils and other legal representatives;
  6. ombudsmen and regulatory authorities;
  7. current, past or prospective employers;
  8. education and examining bodies;
  9. business associates, professional advisers and trade bodies.

I retain personal data for no longer than 7 years after the case has come to an end or as otherwise required by law.

I do not intend to transfer data to any country which is not either within the European Union, or otherwise permitted by UK data protection legislation.

Under the UK GDPR, data subjects whose personal data I process have the right to request from me access to, and rectification or erasure of, their personal data, the right to the restriction of processing concerning them, the right to object to processing as well as the right to data portability. Data subjects also have the right to lodge a complaint with the Information Commissioner’s Office (ico.org.uk).

In cases where there is a contract between me and the data subject, the provision of personal data is a contractual requirement and the data subject is obliged to provide the personal data in order that I can supply legal services. A failure to provide such data may mean that I will not be able to provide those legal services.

30.09.2022

Data Protection Policy

Legitimate Interests Assessment

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