Eva Niculiu

Three Raymond Buildings

Eva is a barrister at Three Raymond Buildings, specialising in crime and associated areas including extradition, licensing, and regulatory law.

She represents defendants across the full range of criminal offences, and has experience representing young people and dealing with young and vulnerable witnesses. She has acted as led junior counsel for the defence in complex fraud trials, and in a murder appeal against conviction. She also prosecutes on behalf of the CPS and a range of other agencies including Transport for London and the Security Industry Authority.

In extradition cases, Eva appears on behalf of requested persons both at first instance and on appeal in the High Court.

She acts for the Metropolitan Police Service in applications for civil preventative orders such as sexual harm prevention orders, sexual risk orders, and closure orders. Accordingly she is also well placed to advise and represent defendants facing such applications.

Eva's other work includes legal professional privilege reviews for HMRC and the Metropolitan Police.

Before coming to the Bar, Eva gained an MPhil from the Cambridge Institute of Criminology. Her dissertation examined the principles of moral and criminal responsibility and their application to psychopaths.

Contributed to

2

End of criminal proceedings—an introduction to the possible means of disposal

Practice notes

This Practice Note considers the possible ways in which criminal proceedings (or investigations) are concluded. It explains the following ways of ending a prosecution or bringing a prosecution to an end: decisions to take no further action (NFA) and out-of-court disposals (when investigations end without charge); the discontinuance, withdrawal and dismissal of charges, quashing of indictments, stays for abuse of process, entering a nolle prosequi and leaving counts to lie on the file (ie the end of proceedings without verdict, which allows them to be reinstated in certain circumstances); and the offering of no evidence, rulings of no case to answer, acquittals after trial, convictions and sentences after trial or plea, and upheld special pleas in bar is upheld (ie the end of proceedings after verdict, a final disposal).

Corporate Crime

Prosecution right to appeal—terminatory rulings

Practice notes

This Practice Note covers the prosecution’s right to appeal against adverse rulings made by the Crown Court in respect of a trial on indictment, which would have the effect of terminating the proceedings, under Part 9 of the Criminal Justice Act 2003. It considers the relationship between prosecutor appeals bought pursuant to sections 57 of the Criminal Justice Act 2003 (CJA 2003) (appeals against terminatory rulings also referred to as ‘terminating’ rulings, ie rulings adverse to the prosecution which have the effect of terminating the proceedings) and other types of appeal and sets out the scope of the right to appeal and examples of what rulings can be appealed: a ruling of no case to answer, that the proceedings should be stayed as an abuse of process, to order disclosure of sensitive (PII) material and a ruling to discharge the jury. It also considers the procedure for these appeals including conditions precedent such as acquittal agreements or acquittal undertakings by the Crown, expedited and non-expedited appeals, the tests for leave to appeal (is it seriously arguable that it was unreasonable for the judge to have exercised their discretion in the way that they did?) and for the appeal itself (CJA 2003, s 67), and the possible outcomes of an appeal. It also covers some practical considerations for the prosecution and for the defence.

Corporate Crime