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Hester Cavaciuti

Associate

Crime, Fraud and Regulatory

Hester Cavaciuti

Hester is an associate in our Crime, Fraud and Regulatory team.

She represents individuals at all stages of the criminal justice process, from the police investigation stage to their trial. Hester also advises and represents individuals appealing their convictions in the criminal courts and provides general criminal advice to individuals and organisations.  Hester advises individuals across a wide range of areas, including general crime, extradition, international crime, financial crime and protest.

General crime

Hester acts for individuals accused of a wide range of offences, including, the most serious violent offences, drug-related offences, theft-related offences and sexual offences.

She has an excellent track record, drafting representations to the CPS requesting that matters are discontinued on the basis that there is insufficient evidence and/or that it is not in the public interest to prosecute. She is regularly instructed by the family members of vulnerable individuals who find themselves the subject of a police investigation and/or criminal prosecution.  She regularly acts for clients who are found unfit to plead or stand trial on the basis of their mental ill health in both the Magistrates and Crown Court.

Hester defends persons who are victims of modern slavery and human trafficking in both criminal prosecutions and extradition proceedings and is adept at negotiating referrals to the National Referral Mechanism, making representations to the Single Competent Authority and successfully running the statutory defence available under the Modern Slavery Act.

Hester also has significant experience opposing applications for Sexual Risk Orders and negotiating costs settlement following their withdrawal.

Terrorism offences and TPIMs

Hester regularly advises individuals in relation to a wide range of terrorism-related offences at both the investigation and court stage of proceedings. She has developed particular expertise defending individuals who find themselves the subject of Terrorism, Prevention and Investigation Measures (TPIMs) and are the subject of statutory review proceedings in the High Court. She is adept at defending individuals who face allegations of TPIM and TEO breaches and successfully defended an individual accused of TPIM breach that was subsequently discontinued. Hester is also experienced at advising individuals in relation to ‘stops’ under Schedule 7 of the Terrorism Act.

Extradition

Hester has worked on a number of part 1 and part 2 extradition cases, including, the leading extradition case on prison conditions in Portugal.  She has successfully secured the discharge of a number of extradition warrants originating from numerous Part 1 countries.

She frequently liaises with the police in order to negotiate the surrender of her clients and has successfully avoided extradition proceedings altogether for one such client.  She has experience of extradition requests from Russia, the USA and India and advanced arguments in relation Article 8, prison conditions, abuse of process and right to a fair trial. 

Hester has particular experience of extradition proceedings from an immigration perspective, and advises legal teams and clients on immigration matters arising from extradition proceedings.

Multi-Jurisdictional issues

Hester has a particular interest in cases with an immigration element.  She has acted for a number of asylum seeker clients in assault cases where their experience of persecution played a crucial part in their defence: https://www.theguardian.com/uk-news/2020/feb/11/woman-cleared-of-assaulting-yarls-wood-guards-during-struggle.

In addition to her criminal expertise, Hester is accredited as a Senior Immigration Case Worker and has a detailed knowledge of immigration offences and law.  She acts for clients within the arts sector who require criminal and immigration advice regarding their prospective artistic projects.

Protest cases

Hester is part of the experienced team at Bindmans who deal with protest-related prosecutions. She has represented political, environmental and social justice activists at both the police station and in court proceedings securing multiple acquittals.  She is recognised as a ‘Star Associate’ in Chambers and Partners and has worked closely with protestors from a variety of movements, including Extinction Rebellion, Just Stop Oil, Black Lives Matter, Anti-fascist groups, the Quaker movement and a number of hunt saboteur groups.  Hester also provides general advice to organisations contemplating a protest action.

Fraud, Financial Crime and Regulation

Hester was a member of the defence team representing a Chief Executive of a well-known business accused of a multi-million pound conspiracy to commit fraud, at the time, this prosecution was the highest value private prosecution to date. Hester has also represented individuals accused of smaller scale fraud, fare evasion and benefit fraud and acted for a number of Appellants in the original Post Office Appeal Case. 

Inquests

Hester also represents individuals and organisations who find themselves appointed interested parties at inquests.

Experience

Notable cases include:

General Crime

  • R v K – Hester acted in murder proceedings in the Central Criminal Court for a Defendant convicted of s18 GBH in relation to injuries sustained by the victim when she was a baby.  The Defendant was convicted of murder following her death in criminal proceedings 6 years later
  • R v H – Hester acted at the police stage of proceedings for an individual accused of GBH arising from two incidents of ‘baby shaking’.  No further action was taken
  • R v J – Hester acted for a Defendant convicted of PWITS Class A and B and successfully avoided a custodial sentence
  • R v M – Hester secured an acquittal for an individual accused of PWITS and successfully opposed bad character evidence on the basis that they were a victim of modern slavery
  • R v G – Hester secured an acquittal for a client in a trial of the act for theft following successful advancement of modern slavery defence
  • SSHD v TL – Hester acted for an extremely vulnerable individual who was subject of TPIM proceedings in the High Court and successfully defended him in various allegations of TPIM breach

Extradition

  • Poland v S – successful discharge of warrant on basis of passage of time and Article 8.  Unusually, DJ Sternberg found that extradition would have been an abuse of process had he not found in the requested person’s favour in respect of passage of time and Article 8
  • Romania v D – successful discharge of warrant on basis of Article 8 in which the requested person was recognised as a victim of modern slavery and trafficking
  • Portugal v H – leading case on prison conditions in Portugal

Protest

  • R v XR – Hester has secured acquittals and successfully appealed conviction in multiple prosecutions of XR and JSO activists accused of causing criminal damage and obstruction of the highway
  • R v L – Hester secured an acquittal for an individual accused of breaching a section 14 condition at the annual Excel Centre arms fair
  • R v R – Hester successfully overturned the conviction of an individual convicted in her absence of breaching coronavirus legislation
  • R v B – Hester secured an acquittal for an activist accused of three counts of violent disorder as part of the BLM protests that took place in 2020
  • R v G – Hester acted for an activist follow accused of violent disorder arising from anti-capitalist protests in proceedings which were discontinued

If you would like to make an enquiry you can call the crime team’s direct line number on +44 (0)20 7014 2020.

Recent directory and client quotes
  • Hester is listed as a “Star Associate” in Protest Law.
  • Hester is absolutely on top of her game. She is a brilliant solicitor to work with, absolutely detail-oriented and thorough and will explore every angle of the case”.
  • “Hester fights hard for her clients. She is extremely compassionate and clever”.
  • She comes with an outstanding approach and is available to answer questions from the word go“.

Chambers and Partners UK 2024
  • Hester was ranked as an Associate to Watch in Protest law.
  • ”I really appreciated Hester’s kindness and patience when dealing with me. She always explained the legal jargon clearly and prepared me for the things I might not have known about before entering a courtroom”.
  • “Hester is very enthusiastic, able and committed“.
  • “She has an absolutely fantastic strategic grasp on the cases, and her drafting is excellent. Hester is very available and collaborative in her approach”.
Legal 500 2022
  • “Hester Cavaciuti is a thoughtful and engaged solicitor, with a really great sense of case strategy. Hester handles cases involving challenging and vulnerable clients with sensitivity and skill“.
Publications and press releases
Education and career
  • Hester graduated from the University of Manchester with a BA (Hons) in History
  • She then completed the Graduate Diploma in Law and the LPC at BPP University. At the end of the LPC, Hester was awarded the ‘highest achieving professional’ award for achieving the highest mark in the year
  • Hester has developed special expertise in matters relating to human rights. She previously worked in South America and Australia with Amnesty International, The Refugee and immigration Legal Service (RAILS) and the HIV/AIDS Legal Centre (HALC)
  • She is also an accredited Senior Immigration Caseworker