Jonathan Polnay

Practice Profile

Jonathan is widely regarded as one of the best juniors at the Criminal Bar. He is the “go-to junior” for legally and factually complex cases such as those involving offences of terrorism, homicide, serious organised crime, complex fraud and cyber-crime.

He has been instructed in some of the most high-profile cases in the criminal courts, which include the recent prosecutions of John Worboys, the PC Harper trial and the trial concerning the manslaughter of 39 Vietnamese migrants. He brings to all cases his fierce intellect, unstinting hard work and dedication and an approachable and down-to-earth manner. He is much admired for his excellent and incisive judgment and legal knowledge as well as his ability to communicate complex evidence in a way that is clear and attractive to juries.

Jonathan is ranked as a leading junior in Chambers & Partners UK Bar Guide 2021 (Band 1) and the Legal 500.

He is Junior Treasury Counsel, based at the Central Criminal Court having been appointed by the Attorney-General in November 2017.

Jonathan accepts instructions from all specialist divisions of the Crown Prosecution Service, Solicitors and when appropriate Direct Professional Access "DPA". Instructions in privately funded matters are accepted subject to The (New) Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorized Persons 2012. Jonathan's Privacy Policy can be downloaded here.

Reported Cases:

• R v Shaikh and anor [2021] EWCA Crim 45 – Approach to calculating minimum term in life sentences imposed for terrorist offending
• R v Long, Bowers and Cole [2020] EWCA Crim 1729 – Interaction between the offences of causing death by dangerous driving and unlawful act manslaughter.
• McIntyre [2020] 4 WLR 144 – Sentencing powers of Court-Martial on an elected trial
• Riley [2019] EWCA Crim 816 – Role of the Attorney General as guardian of the public interest
• Zaheer [2019] 1 Cr App R (S) 14 – Appropriate level of adjustment in sentence for attempts
• James [2018] 1 WLR 2749 – Special Court convened to consider procedure on renewed applications to appeal
• Thompson [2018] 1 WLR 4429 – 5-Judge Court of Appeal considered extended sentence provision
• Muss [2018] 1 Cr App R S 17 – Level of sentence for large-scale DDoS attacks
• Bala [2017] MHLR 375 – Historic manslaughter appeal
• Dorling [2016] EWCA Crim 1750 – CCRC reference on murder conviction 
• Barre [2016] Crim LR 768 – When manslaughter should be left as an alternative to murder 
• Hamilton [2016] 2 Cr App R S – Approach to be taken to drug smuggling in prison
• Bhatti [2016] 1 Cr App R 1 – Special procedure warrants in relation to credit reference 
• Henry [2015] 2 Cr App R 1 – Double jeopardy trial, definition of ‘new’ evidence 
• Patel [2013] Med LR 507 – Actus reus in offence of ill-treatment of mental patients
• King [2012]  EWCA Crim 805 – Covert surveillance involving breaches of PACE 
• A, B, C, D [2011] 2 WLR 647 – Parasitic accessory liability, pre-Jogee 
• Jordan  [2009] EWCA Crim 953 - Single act propensity/coincidence in bad character

News

• R v. Sahayb Abu - [C.C.C.] 2021

  Conviction for man preparing to carry out an IS inspired sword-attack

  Jonathan Polnay, led by John McGuinness QC prosecution Sahayb Abu, the ‘masked menace’ for preparing to carry out a terrorist sword attack.

  News Report.

   

• R v. Hughes & ors [C.C.C.] 2021

  Essex lorry deaths case - 39 counts of manslaughter

  Jonathan Polnay, led by William Emlyn Jones, prosecuted eight men for conspiracy to facilitate illegal immigration and 39 counts of manslaughter, arising out of the death of Vietnamese migrants in a sealed lorry trailer.

  BBC Report here.

• R v. Long & ors [C.C.C.] 2020

  Killing of serving Thames Valley Police officer, PC Andrew Harper

  Prosecution of three young men for the homicide of Thames Valley Police Officer, PC Andrew Harper, who was tragically killed whilst trying to apprehend thieves. (Leaders, Brian Altman QC, and then Jonathan Laidlaw QC).

  BBC News report here.

• R v Fuller [Kingston] 2020

  Far Right Extremist charged with Car Park Stabbing of Bulgarian National

  Jonathan Polnay prosecution Vincent Fuller for attempted murder. Having been inspired by the Christchurch massacre, Fuller tried to carry out a terrorist-motivated knife attack in South West London.

  BBC News report here.

• R v. Abdullah [C.C.C.] 2020

  Man who incited German terror cell to commit terrorist atrocities by training them in use of explosives.

  Jonathan Polnay, led by Barnaby Jameson QC, prosecuted Abdullah for assisting another to prepare an act of terrorism. He incited a terror cell, based in Germany, to commit terrorist atrocities that would have caused mass fatalities. His encouragement was not limited to words. He researched, obtained and tested explosives in order to teach the German cell to carry out the terrorist attacks to maximum effect.

  BBC News report. 

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Notable Cases

• Operation Cent [C.C.C.] 2013

  Anti-corruption unit worldwide investigation re: bomb detection units

  Jonathan Higgs QC leading Jonathan Polnay represented a defendant in the much publicised Old Bailey trial involving the worldwide sale of "fake" bomb detection devices. Instructed by Gary Bloxsome of Blackfords LLP.

  BBC news report here.

• R v. Long and ors [CCC] 2020

  Prosecution of three men for killing a Thames Valley police officer

  Jonathan Polnay was led by Brian Altman QC (first trial) and Jonathan Laidlaw QC (second trial) in the prosecution of three young men for killing PC Andrew Harper, whilst trying to escape with a stolen quad bike.

  Wikipedia entry concerning the killing of PC Harper.

• R v Robinson and ors [CCC] 2020

  39 counts of manslaughter of Vietnamese migrants

  Jonathan Polnay was led by Bill Emlyn Jones in this prosecution for the manslaughter of 39 Vietnamese migrants who suffocated to death in a shipping container whilst being smuggled in to the UK.

  Wikipedia entry concerning the proceedings here.

• R v. Theodore Johnson [C.C.C] 2018

  Prosecution of man for third offence of homicide of his partners

  Mark Heywood QC and Jonathan Polnay acted for the Crown in the case of Theodore Johnson whom was sentenced to life with a minimum tariff of 26 years, increased on appeal against Unduly Lenient Sentence, to 30 years in March 2018. Johnson had been convicted previously for the manslaughters of his partners in 1981 and 1993. His third victim, Angela Best, was murdered with a claw hammer in her flat in North London in December 2016. 

  BBC report here.

• Operation Boldo [I.L.C.C.] 2017

  Horsemeat Fraud

  Jonathan Polnay was lead Counsel for the Crown in this multi-handed and much publicised conspiracy involving three prominant businessman passing off horsemeat as 100% pure beef.

  News report here.

• R v. Patel [Southwark] 2014

  First ever prosecution for Acquiring Biological Weapons

  Jonathan Polnay prosecuted this young women who was charged with the first ever prosecution under the Biological Weapons Act and attempted murder of her mother, after attempting to poison her, taking her inspiration from the series "Breaking Bad".

  News report here.