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Overview
Emma Martin is the deputy Head of the Albion Chambers’ Crime Team; she is an extremely experienced and diligent barrister of more than 20 years’ call.
Emma’s practice involves regularly prosecuting and defending the most serious and high-profile cases, for example murder and other fatal violence, serious sexual offending and conspiracies to supply and to import wholesale quantities of illegal drugs.
Emma has the respect of local judges on account of her natural advocacy which is always supported by thorough preparation.
Solicitors often instruct Emma to conduct cases of sensitivity, for example, professional people of impeccable character facing their first experience of the criminal justice system, or young people who are vulnerable.
Emma is frequently called upon to defend those accused of the most serious sexual offending. Her skill in cross-examining very young and vulnerable complainants has been particularly commented upon by Judges. Emma has undertaken specific training to enable her to effectively question young and vulnerable witnesses.
In addition to her usual criminal practice, Emma is regularly instructed by Avon and Somerset Police’s Firearms Department, to advise in relation to shotgun and firearm regulatory matters. Emma often appears on behalf of the Police to defend appeal hearings where Appellants seek the return of their revoked shotgun or firearm certificates.
Throughout her years at the Bar, Emma has always offered her time to assist young people to learn about a career in the law. Emma is passionate about expanding diversity at the Bar, helping with court visits, mooting clubs and careers talks at schools and further education colleges.
Notable cases
R v L [2025] Murder
Emma, led by Mark Cotter KC, defended one of the men accused of the ‘missing body’ murder of Michael Wheeler in Yeovil, Somerset. The case involved an allegation of joint enterprise killing and subsequent concealment of the body.
This case involved fascinating scientistic evidence given from a forensic anthropologist, entomologist and pathologist.
The defendant represented by Mark and Emma was acquitted of murder after a successful argument that he had no case to answer. The diligence of the defence team discovered evidence during the trial that supported D’s assertion that he was not at the site of the killing at the material time. The jury later acquitted him of any involvement in the plan to seriously assault the deceased.
R v K [2024] Double Murder
Emma, led by Ignatius Hughes KC, was instructed to defend one of the youths who was accused of the high-profile murders of Max Dixon and Mason Rist in Bristol. The case was complex and required detailed analysis of a vast amount of material produced by the Major Crime Investigation Team at Avon and Somerset Police.
All counsel in the case had to deal with particularly sensitive and distressing material. Four of the five defendants were youths and some remained anonymous during the trial, most had special educational needs.
Counsel were chosen for their ability to conduct this most serious of cases with integrity and sensitivity, mindful of the effect that this appalling incident had on the community.
R v J [2023] Murder
Emma defended a young man who was involved in a fatal incident in the street in Exeter City Centre. During the incident of terrifying violence, the youth had been attacked and wounded in the face by the deceased with a broken bottle and he then stabbed him once to the chest. The youth’s face required hundreds of stitches, but the chest wound proved fatal. The jury convicted the youth of murder.
https://www.devonlive.com/news/devon-news/exeter-murderer-brian-jewell-given-8777706
R v I [2022] Attempted Murder – Psychiatric Defence
Emma was instructed to represent a State Registered Nurse (SRN) who was prosecuted for the attempted murder of her husband. The nurse suffered a psychotic episode, later linked by doctors to extreme stress at work and the effects of hormonal changes associated with the menopause. She had not previously suffered from mental ill-health.
During the trial, Emma called eminent experts to give evidence. The experts explained the nurse’s psychotic symptoms and likely causes of them to the jury. The jury returned the ‘special verdict’ finding the nurse not guilty of Attempted Murder, by reason of insanity. She received a Hospital Order under s.37/41 Mental Health Act 1983 and she continues to recover from her extreme episode of mental ill-health.
R v G [2022] Murder
Emma was junior counsel, led by Adam Vaitilingam KC, representing a man accused of killing his former partner.
The case required a careful and thorough analysis of the evidence produced by the police. The defendant had originally been treated as a significant witness, before an audio recording emerged of the moment that the deceased was killed.
R v F [2021] Murder
Emma was junior counsel in this case, led by Kate Brunner KC. Kate and Emma defended one of the men accused of the murder of Andre Gayle in Bristol. The case was widely reported in the press, having considerable local public interest. The case involved careful analysis of data obtained from all parties’ mobile phones and legal examination of the case of R v Jogee
After the 6-week trial, the defendant represented by Kate and Emma was the only defendant to be acquitted of murder.
R v H [2021] Serious Injury by Dangerous Driving
Emma prosecuted a driver at trial following a collision between the driver and a pedestrian in which the pedestrian suffered near fatal injuries and had a leg amputated, on account of his injuries. The case was defended by counsel later appointed King’s Counsel. The case involved extensive expert evidence on the effect of alcohol on driving ability and legal argument to allow the jury to be informed that D was significantly impaired by alcohol, even if not over the legal drink-drive limit.
R v E [2020] Conspiracy to Supply Class A Drugs
Emma defended a young man caught up in a large-scale conspiracy to supply Class A drugs in Taunton. He was the only defendant not to be imprisoned for his part of the case, after Emma successfully argued that he should be given an opportunity to continue to be rehabilitated in the community.
R v C [2019] Rape – multiple complaints
Emma was instructed as Junior Counsel to prosecute a man accused of raping of 14 women by deception. The case was one of the largest investigations ever undertaken by Devon and Cornwall Police. The defendant had set up a fake modelling agency, which he used to lure women to his studio, whom he then abused and photographed.
There were a number of days during the 7-week trial when Emma led the prosecution team and examined witnesses in the absence of Leading Counsel.
The defendant was found guilty of raping the women and the associated voyeurism offences, having secured their ostensible consent by fraud. There were complex legal arguments in the case about the issues of consent and fraud, under ss.74 and s.76 Sexual Offences Act 2003.
Emma and her leader in the case received personal commendations from the Chief Crown Prosecutor for their work on this complex, difficult and sensitive case.
R v D [2019] Death by dangerous Driving – Automatism defence
Emma defended a professional man, of impeccable character who was prosecuted following a fatal collision on Merchants Road. Emma successfully argued that the case should be discontinued against the defendant, as he had a defence of automatism. Emma obtained extensive and focussed medical reports which established without doubt that the driver had suffered a collapse at the wheel, caused by a previously undiagnosed medical condition.
R v B [2011] Murder
Emma was instructed to represent a 20-year-old defendant charged with the murder of James Hewlett in Cheddar, Somerset during New Year’s Eve celebrations. The case involved complex medical information with evidence from a neuropathologist and two pathologists. The judge who dealt with the case remarked on Emma’s thorough understanding of the complex medical issues and compassionate mitigation conducted in the presence of the deceased’s family members. Unusually, Emma conducted this case without Leading Counsel, as approved by the Judge.
R v A [2010] Murder
Emma was instructed to represent a 19-year old defendant of previous good character who, together with five others, was charged with the murder of Glynn Rowlands in Yeovil. The case involved a detailed, lengthy police investigation and resulted in a 6-week trial. Emma was complemented for her thorough preparation of the case and her careful, sensitive dealing with the young defendant and his family. Emma’s client was the only defendant to be acquitted of murder / manslaughter after trial.
Other Driving offences
Emma has conducted numerous cases involving tragic driving fatalities, including:
R v N [2023] Causing Death by Dangerous driving
R v M [2019] Causing Death by Dangerous Driving
