Jonathan Polnay

Practice Profile

Jonathan is a specialist criminal and  appellate advocate with a wide experience of serious and complex cases, often involving complex financial organised crime. He is regularly instructed by Complex Casework Units and Headquarters Divisions as well as corporations and individuals. Jonathan is ranked as a leading junior in Chambers & Partners UK Bar Guide 2018 (Band 1) and the Legal 500. Jonathan was appointed Junior Treasury Counsel at the Central Criminal Court by the Attorney General in November 2017. 

He is particularly experienced in dealing with the issues arising out of cases that involve intelligence-led policing and RIPA-regulated activity and is often instructed pre-charge to advise law enforcement agencies as well as a leading junior at trial, often against silks. Jonathan has a wealth of experience in dealing with financial crime, corruption, direct and indirect taxation and money laundering as well as restraint and confiscation.

Having previously worked in the computer industry, Jonathan is particularly at ease when conducting cases involving the internet, computer, electronic or mobile phone evidence. He has developed a particular specialism in cases with a cyber angle, including corporate blackmail. Jonathan has lectured on the GDPR.

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 Notice can be downloaded here.

Reported Cases:

• 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 Anwar Hussain & ors [Southwark] 2019

  MTIC Fraud

  Jonathan Polnay led William Davis in this long running MTIC fraud involving five companies and tax losses of around £13M. There were multiple trading chains supported by a wealth of forged documentation, and the proceeds of the fraud were transferred offshore via banks in Eastern Europe and Hong Kong. 

• R v. John Worboys [C.C.C.] 2019

  Further prosecution of notorious black-cab driver for drugging passengers with sexual intent

  Jonathan Polnay, led by Duncan Penny QC prosecuted the notorious black-cab driver for drugging a further four passengers with sexual intent. All the women made their allegations to the police in early 2018, shortly after the Parole Board announced it had decided he was fit to leave prison after serving less than nine years of an indeterminate sentence, plus time spent on remand.

  News article here

• R v. Drenova [C.C.C] 2019

  Prosecution of Lithuanian serial-killer

  Jonathan Polnay, led by Tim Cray QC, acted for the Prosecution in this case involving a serial killer nicknamed Scarface who went on a bloody crime spree across Europe. He was jailed for at least 20 years for his fifth murder.

  News article here

• Operation Major [Guildford] 2019

  Multi handed conspiracy to money launder and commit fraud

  Jonathan Polnay led Ben Holt for the Crown in this seven-handed conspiracy to launder the proceeds of a two-million-pound fraud. Instructed by CPS Specialist Fraud Division.

• R v Abdi-Jalebi [Southwark] 2018

  Multi-million pound renewable energy research fraud committed by Cambridge academic

  Jonathan Polnay proescuted this Cambridge University academic who carried out a £2.5 million fraud in government grants. Dr. Ehsan Abdi-Jalebi, 38, a former engineering student and Bye-Fellow at the university, used faked documents to siphon off money into his own accounts from funding allocated to the development of renewable energy projects.

  News article here.

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Notable Cases

• 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.

• 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.