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Ian Mullarkey

Year of call: 2003

Recorder of the Crown Court

Recommended as a Leading Junior in Crime [Legal 500: 2017, 2018]

Prosecutes and defends in the Crown Court in legally aided and privately funded cases.

Grade 4 prosecutor on the specialist rape and child sexual abuse panel and one of a small number of criminal barristers with Developed Vetting (DV) security clearance.

Recent cases have included prosecuting offences of rape, arson with intent to endanger life, armed robbery, wounding with intent, sexual activity with a child and drugs supply and defending cases of rape, wounding with intent, sexual assault, sexual activity with a child, possession of prohibited firearms, drugs importation and fraud.

Has undertaken extensive training in prosecuting serious sexual offences and cross-examining vulnerable witnesses.

Called to the Bar: 2003, Inner Temple

Inner Temple Exhibitioner

Recipient of the Paul Methven Scholarship Benefactors Award

Recorder of the Crown Court (2018)

Authorised to try Class II cases (2020)

Master of the Bench, Inner Temple (2025)

Accredited Inner Temple Advocacy Trainer (Pupils and New Practitioners)

Faculty, Keble Advanced Advocacy Course (2024)

Accredited Pupil Supervisor

Recommended as a ‘Leading Junior’ in Crime [Legal 500: 2017 – 2025]

Prosecutes and defends in legally aided and privately funded cases.

Grade 4 prosecutor (since 2016) and member of the specialist Rape and Serious Sexual Offences (RASSO) panel (since 2012).

Recent cases have included prosecuting offences of attempted murder, drugs importation, wounding with intent, rape of a child and large drugs supply conspiracies and defending cases of manslaughter, attempted murder, wounding with intent, arson with intent to endanger life, possession of prohibited firearms, drugs importation and fraud.

Regularly instructed as Leading Junior counsel, particularly in relation to multi-handed drugs conspiracy and complex sexual offences.

Has undertaken extensive training in prosecuting serious sexual offences and cross-examining vulnerable witnesses.

Also regularly instructed to advise police forces and others on policy and procedure in relation to complex issues in criminal procedure and litigation, and as independent counsel in relation to issues of legal professional privilege in relation to on-going, sensitive, investigations.

Recent cases

R v Andrew Harston - In January 2025, appeared before Teesside Crown Court to prosecute the defendant, a former Director at Durham University, who was charged with sexual offences against two women. Following a trial the defendant was unanimously convicted of all counts and subsequently sentenced to 14 years’ imprisonment.

https://www.bbc.co.uk/news/articles/ce8mrvxngg2o

R v Glenn AdamsIn January 2025, appeared before Southampton Crown Court, leading Daniel Ingham, on behalf of a defendant charged with drugs importation. The prosecution contend that the defendant was involved in a conspiracy intended to import cocaine valued at c.£80 million into the United Kingdom. Following discussions with the prosecution, the case was compromised, and the defendant was sentenced on 27th May 2025 to 13 ½ years imprisonment.

R v Benjamin SwindellsIn October 2024, appeared at Leeds Crown Court to prosecute a defendant charged with attempted murder. The defendant was convicted following a five-day trial and on 20th December 2024 was sentenced to a 27 year custodial sentence comprising 23 years’ imprisonment, with a 4 year extended licence period.

https://www.bbc.co.uk/news/articles/c8xj1e5gl4eo

R v Stephen CornerIn October 2024, appeared at Newcastle Crown Court to prosecute a defendant charged with attempted murder. Following legal argument regarding the admissibility of medical evidence (with the prosecution resisting the introduction of any such evidence) the defendant was re-arraigned and pleaded guilty to attempted murder. On 6th December 2024 he was sentenced to 20 years’ imprisonment.

https://www.thenorthernecho.co.uk/news/24778509.south-shields-man-jailed-attempted-murder-partner/

R v HIn September 2024, appeared at Sheffield Crown Court on behalf of a defendant charged with attempted murder. The prosecution sought to rely upon res gesta hearsay evidence which directly implicated the defendant, however, following legal argument the trial Judge refused to admit the evidence, the prosecution offered no evidence, and the defendant was acquitted.

R v Siamund YasinIn August 2024, appeared at Teesside Crown Court to prosecute a case of alleged rapes and assaults committed over the course of an evening at various locations around Darlington town centre after the defendant befriended the complainant, who had a number of vulnerabilities. Having advised in conference, the prosecution obtained expert evidence on the complainant’s suggestibility and desire to avoid confrontation as explaining her behaviour in remaining in the defendant’s company. The defendant was ultimately convicted of all counts and sentenced to 25 years imprisonment, comprising a 20 year custodial term and 5 year extended sentence.

R v Michael Ferry & OthersIn July 2024, appeared before Newcastle Crown Court (leading Stephen Littlewood and, later, Daniel Ingham) where the final of seven defendants was sentenced for his role in a large-scale regional drug trafficking operation, uncovered as part of Operation Venetic (the NCA operation using material obtained from the ‘Encrochat’ encrypted messaging service).

The case involved a two-week trial in July 2023 (in which a range of arguments were advanced and resisted regarding admissibility, reliability and disclosure) and a Newton Hearing in April 2024, and the defendants – one of whom was conspiring from inside prison - were sentenced to a total of over 115 years’ imprisonment, which the principal defendants receiving 25 years 6 months and 22 years 6 months imprisonment respectively. The Court also made Serious Crime Prevention Orders against a number of defendants and made Confiscation Orders to the value of over £5 million.

https://www.bbc.co.uk/news/articles/cmj2mplvgj3o

R v Ryan JacksonIn June 2024, appeared before Leeds Crown Court on behalf of a defendant charged with five counts of collecting or making a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism and one count of dissemination of a terrorist publication, along with offences relating to his possession of indecent images of children. Following extensive mitigation, the defendant was sentenced to a total of 2 years 6 months’ imprisonment.

https://www.bbc.co.uk/news/articles/c84418eq2n2o

R v Rimas EklerisIn January 2024, appeared before Grimsby Crown Court to prosecute the driver of a HGV involved in the importation of 60kg of cocaine, with an estimated value of £5 million. Following a six day trial, which included evidence obtained from foreign intercepts and cell site and ANPR data, the defendant was convicted and sentenced to 14 years’ imprisonment.

https://www.bbc.co.uk/news/articles/cmmdygjgmjro

R v IIn December 2023, appeared at Bradford Crown Court on behalf of first defendant in an alleged knifepoint kidnapping. The prosecution had, however, lost contact with the complainant and so sought to rely upon his evidence under the hearsay provision of the Criminal Justice Act 2003. Having heard legal argument, the trial Judge refused the prosecution’s application and the defendants were acquitted.

R v Christopher Taylor & Others - In October 2023, appeared at Durham Crown Court (leading Jess Butterell) to prosecute a case involving both a conspiracy to supply Class A drugs and a separate conspiracy to launder the proceeds of crime. The latter trial, heard over two weeks at Newcastle Crown Court, saw jurors provided with a laptop to marshal the voluminous banking and other financial records upon which the case was built, which was the first time such technology had been deployed at Newcastle Crown Court. The lead defendant was ultimately sentenced to 16 years’ imprisonment

https://www.thenorthernecho.co.uk/news/23864763.st-helen-auckland-man-concealed-criminal-money-network-accounts/

R v NIn September 2023, appeared at Teesside Crown Court to represent one of two defendants charged with manslaughter in relation to their alleged involvement in a theft from a delivery driver which precipitated his tragic death. Following representations the prosecution offered no evidence against the defendant in respect of the manslaughter charge, the defendants pleaded guilty to theft and was sentenced to 6 months’ imprisonment.

https://www.thenorthernecho.co.uk/news/23772857.two-men-formally-cleared-dpd-delivery-drivers-horden-manslaughter/

Other cases of note

R v RobinsonProsecution junior, led by Peter Makepeace Q.C., prosecuted the defendant for the murder of his partner, whom he killed during a prolonged incident of sporadic domestic violence which caused a diffuse traumatic axonal brain injury which, along with alcohol intoxication, was the cause of death. The case involved issues of hearsay and bad character evidence, along with factual issues relating to causation. The defendant was unanimously convicted in a little over an hour, and was sentenced to life imprisonment with a minimum term of 21 years.

R v Cahill and HarperProsecution junior, led by Adrian Waterman QC, in the appeal against conviction and sentence hearing before the Court of Appeal. The Appellant contended, principally, that an admission she had made to a prison officer ought not to have been admitted in evidence and that the directions of law in relation to joint enterprise were defective. The Court of Appeal dismissed the appeal on all grounds and upheld the conviction and sentence.

R v Husman & OthersProsecution junior, led by Nicholas Campbell Q.C., instructed by the Crown Prosecution Service’s Special Crime and Counter Terrorism Division – prosecuted two serving police officers – Wahid Husman and Tahsib Majid – who planned to carry out unlawful ‘sting’ operation, steal the drugs which they seized and then supply them on via their criminal associates, for their own profit. In addition, both officers had, separately, obtained and disclosed personal and sensitive data from police systems for their own, unlawful, purposes.  In Mr. Husman’s case that included passing the information to his criminal associates. On 7th August 2017, Wahid Husman and the officer’s criminal associates pleaded guilty in respect of their involvement in the plot and the disclosure of personal data, and on 22nd August 2017, after a trial which had lasted ten days, Tahsib Majid, was unanimously convicted of all counts. In October 2017, the two police officers were sentenced to a total of 31 years’ imprisonment, and their criminal associates a total of 28 years’ imprisonment for their involvement in the offences. The case involved careful analysis of cell site and ANPR evidence, covert recordings and piecing together a complex circumstantial case.

R v Cahill and HarperProsecution junior, led by Andrew Robertson Q.C.,  prosecuted two defendants for the murder of Owen Kerry, in Cramlington Working Men’s Club on Christmas Eve 2016. Brian Cahill accepted being the person who inflicted the fatal stab wound, but he denied that he did so deliberately. His partner, Lyndsey Harper, who was with him in the Club that night, admitted causing trouble in the Club but denied any knowledge of or participation in the fatal attack. Despite there being no evidence that Lyndsey Harper was aware that Brian Cahill had a knife with him, on 27th June 2017, after a 12 day trial, both defendants were unanimously convicted of murder. On 28th June 2017 Brian Cahill was sentenced to life imprisonment with a minimum term of 26 years and Lyndsey Harper was sentenced to life imprisonment with a minimum term of 18 years. The case involved careful analysis of joint enterprise post-Jogee and the taking of evidence via Skype from a witness whilst she was on holiday overseas.

R v Bashir & OthersDefence junior, led by Adrian Waterman Q.C., in a 12 week trial before Males J (as he then was) at the Crown Court at Sheffield representing a young defendant charged along with 2 adults and two youths with murder of Craig Preston. The two adult defendants, Shiraz Bashir and Leonie Mason, were found guilty of murder and the three 15 year old defendants were found guilty of manslaughter. The case involved consideration of vast quantities of unused material, analysis of cell site evidence and complex issues of causation (as the deceased, having initially been assaulted in a layby outside Rotherham, was driven by the two adult defendants to a ravine on the Woodhead Pass where his body was thrown to into a river below), and associated issue of neuropathology. Appeared alone at the sentencing hearing and the defendant received a sentence of 3 years’ detention, the lowest of the sentences imposed, an application by the media to lift reporting restrictions in respect of the young defendants was successfully resisted.

R v ThaxterProsecution junior, led by Dafydd Enoch Q.C., following a five week trial before Globe J, Jason Thaxter was unanimously convicted of the murder of Thomas Groome, his mother’s long-term partner, and conspiring with his mother to prevent the lawful burial of Thomas Groome’s body. On 19th December 2016 Jason Thaxter was sentenced to life imprisonment and must serve a minimum of 30 years before he may apply for release on life license.

In March 2015 Jason Thaxter’s mother, June Buttle, pleaded guilty to manslaughter in respect of her involvement in the killing of Thomas Groome, preventing the lawful burial of a corpse and fraud, and is currently serving a 16 year prison sentence.

The prosecution of Jason Thaxter was a formidable challenge, given that the deceased’s body has never been found and there was no forensic or eye witness evidence against the defendant. Instead it was necessary to rely extensively on hearsay evidence; from the defendant’s ex-partner, to whom the defendant confessed in the hours after the murder, but was medically unfit to attend the trial, and from two Irish nationals to whom the defendant’s mother confessed both her own and the defendant’s involvement in Thomas Groome’s killing several years after the event, despite the defendant’s mother (who was also called to give evidence) denying having made the confessions.

The case also involved liaison with police forces in Portugal (where the deceased had moved shortly before his death) and Ireland, and the Crown Prosecution Service worked closely with the Irish authorities under the mutual assistance regime to ensure, inter alia, that five witnesses resident in Ireland could give evidence using a live video-link from a courtroom in Dublin rather than travel to the UK. Stephen Littlewood acted as disclosure junior.

Appellate work

Appeared before the Court of Appeal Criminal Division, inter alia, in the cases of R v Tyers [2012] EWCA Crim 581 (a successful appeal against sentence in relation to a night time dwelling burglary which involved a confrontation with the householder), R v Dunkova [2011] 1 Cr. App. R. (S.) 40 (a successful appeal against sentence in a human trafficking case where leave to appeal was refused by the single judge).

Publications

  • Practical problems with suspended sentences under the Criminal Justice Act 2003 [Criminal Bar Quarterly Issue 4, October 2008, page 6]
  • Putting it to them: Adducing Evidence of Non-defendant's bad character under the Criminal Justice Act 2003 [Justice of the Peace Journal Vol 170, Number 38, page 729]

Professional Memberships

  • North Eastern Circuit (Circuit Secretary November 2011 – 2019)
  • Criminal Bar Association
  • Proceeds of Crime Lawyers' Association
  • Human Rights Lawyers' Association
  • Inner Temple Mentoring Scheme

Called to the Bar: 2003, Inner Temple

Inner Temple Exhibitioner

Recipient of the Paul Methven Scholarship Benefactors Award

Accredited Inner Temple Advocacy Trainer

Accredited Pupil Supervisor

Recorder of the Crown Court (2018)

Authorised to try Class 2 cases (2020)

Assistant Coroner for South Yorkshire (Eastern District) (2018 - present)

Head of Inquests and Public Inquiries Team at KBW Chambers

Recommended as a Leading Junior in Inquests and Inquiries [Legal 500: 2017 - 2025]

Recommended as a Leading Junior in Inquests and Inquiries [Chambers and Partners 2021 – 2025]

Inquests

Has appeared at a substantial number of Article 2 and non-Article 2 coroners' inquests, conducted both with and without a jury, including inquests relating to deaths in police and prison custody, on behalf of a number of police forces, healthcare providers and others.

Recent inquests include:

Inquest touching the death of HM, Nottingham Coroner’s CourtAppeared on behalf of the Chief Constable of Nottinghamshire Police at the inquest of HM, whose partner called for an ambulance after she became unwell at home, however, his account to the attending paramedics caused them to be concerned that he had failed to obtain prompt medical assistance for her. HM sadly died in hospital and safeguarding checks revealed that she had previously disclosed alleged instances of domestic abuse, albeit she had not wished to pursue any allegations. During the inquest, the Coroner reviewed the material available to the police, the police response, and the circumstances surrounding HM’s death and the subsequent police investigation, and made no criticism of the police’s conduct.

Inquest touching the death of NC – Leicester Coroner’s CourtThe deceased died following a drugs overdose, however, the deceased’s family were concerned that the deceased’s partner may have played some part in administering the drugs to her and therefore have committed a criminal offence. Appearing for the Chief Constable of Leicestershire Police the quality and thoroughness of the police investigation into the circumstances surrounding the deceased’s death were carefully scrutinised by the Coroner (and King’s Counsel, instructed on behalf of the family.) Ultimately, the Coroner concluded that the investigation had been thorough and there was no evidence to establish any third-party involvement in her death.

Inquest touching the death of MC - Bradford Coroner’s CourtAppeared on behalf of the Chief Constable of West Yorkshire Police at the inquest of the deceased, who died by suicide shortly after being released on bail following his arrested in relation to allegations of serious criminality. The inquest examined the adequacy of the police’s risk assessment and conduct towards the deceased when he was released from custody. Having considered all of the surrounding circumstances, the Coroner concluded that the police’s conduct had been entirely reasonable.

Inquest touching the death of SSInquest touching the death of a Police Officer, where the evidence touched upon his work background and whether that played any part in his death. The Coroner concluded that the Officer’s work played no part in his death.

Inquest touching the death of MD – Bradford Coroner’s Court Appeared on behalf of the Chief Constable of West Yorkshire Police at the inquest of the deceased, who was found deceased twelve days after being reported missing.  The inquest examined the police response to the missing person report and whether appropriate steps were taken to locate the deceased and whether there were further steps which could have been taken to locate the deceased before the time of his death. Having considered a wide range of evidence, the Coroner concluded that the police had behaved appropriately throughout.

Inquest touching the death of LO – Bradford Coroner’s CourtActed on behalf of West Yorkshire Police at the inquest touching the death of a baby born to parents (both of whom had significant learning disabilities) who had fled the supervision and support they were being offered by their local Social Services department as they feared the child would be taken into care. A nationwide search was conducted, however, the parents were not located until after their child had been born and despite medical intervention, sadly died. The inquest examined the conduct of Social Services, the various police forces involved in the search for the parents and the medical treatment provided and the Coroner concluded that West Yorkshire Police’s conduct had been entirely appropriate in the circumstances.

Inquest touching the deaths of CD and AM - Newcastle Coroner’s Court - Appeared on behalf of the Chief Constable of Northumbria Police at the inquest of two men who died following a collision during a police pursuit. The case involved a review of police pursuit procedures including a review of whether a pursuit ought to have been instigated and continued, and the Coroner concluded that the police’s conduct was entirely proper and appropriate.

Inquest touching the death of SH - Northamptonshire Coroner’s CourtActing for Northamptonshire Police at the inquest of SH who, at the time of his death, was a resident an Approved Premises in Northampton having been released from prison on licence. Twelve days later, SH was found unresponsive on the floor and an ambulance, and the police, were called. At the request of the Ambulance Service, SH was handcuffed to the rear by the police, who then assisted in lifting him to his feet. Sadly, that caused postural hypotension which led to cardiac arrest and despite advanced life support being provided, SH sadly died some days later.

At the inquest, the Coroner made no criticism of the police’s conduct, but issued a PFD report in respect of the Approved Premises given the absence of an extraction plan for seriously unwell residents.

Inquest touching the death of TA - Leicester Coroner’s Court

Acting for the Chief Constable of Leicestershire Police at the Inquest following the death of a man after reports had been to the police of concerns for his welfare. The inquest reviewed the police’s call handling and categorisation processes and the Coroner concluded that whilst the process was imperfect it did not materially affect the tragic outcome, nor was it necessary to make a PFD report regarding the case.

Inquest touching the death of MS - Wakefield Coroner’s Court

Acting for the Chief Constable of West Yorkshire Police at the inquest of MS, a vulnerable woman who had died following extensive contact with social services, health care professionals and the police. The jury ultimately concluded that the police’s conduct had been entirely proper and appropriate.

Inquest touching on the death of ST, Wakefield Coroner’s Court

Appeared on behalf of the Chief Constable of West Yorkshire Police at the inquest of ST, who died who was found hanged after being he was reported missing to the police shortly after his release from police custody whilst still under investigation. The inquest, which lasted four days, returned a short form conclusion of suicide and concluded that the police’s conduct was entirely appropriate.

Inquest touching the death of FC - Wakefield Coroner’s Court

Instructed to represent the police at an inquest following the death of a man who had been detained in a mental health unit but had absconded and was then reported missing to the police. The inquest, held with a jury, investigated, amongst other matters, the appropriateness of the police response to the missing person report.

The jury ultimately concluded that the police’s conduct was entirely proper and appropriate.

Inquest touching on the death of CH, Bradford Coroner’s Court

Appeared on behalf of the Chief Constable of West Yorkshire Police at the jury inquest of CH, who died after being reported missing. The inquest, which lasted 8 days and focused on the police’s response to the missing person report, including the appropriateness of the grading of the report, and concluded that none of the police’s conduct could be said to have caused or contributed to CH’s death.

Judicial Review

Routinely advises and represents police forces in relation to judicial review arising from their work.

In R (SF) v. HM Assistant Coroner for North Yorkshire & Others, instructed on behalf of a police force to resist a judicial review in relation to the scope of an inquest. After drafting summary grounds of resistance, the Claimant was refused permission.

In R (CJ) v The Chief Constable of North Yorkshire Police & Others, the Claimant sought to challenge a decision not to prosecute a young person in respect of alleged sexual offending. Having been refused permission, the Claimant renewed their application at a renewal hearing and permission was again refused.

In R v (CG-P) v Secretary Of State For Transport & Anor, the Claimant sough to challenge a decision by North Yorkshire Police to notify the DVLA relating to an apparent medical condition, which caused the DVLA to revoke his driving license. Having been refused permission, the Claimant renewed their application at a renewal hearing and permission was again refused.

Advisory

Advises a number of police force on a range of operational and policy matters, including in relation to issues of Legal Professional Privilege in ongoing and sensitive police enquiries, applications to lift reporting restrictions where juvenile suspects are being sought in connection with serious offending, applications for warrants and the handling of covertly obtained materials.

Professional Memberships

  • North Eastern Circuit (Circuit Secretary November 2011 – present)
  • Administrative Law Bar Association
  • Association of Regulatory and Disciplinary Lawyers
  • Human Rights Lawyers' Association
  • Inner Temple Mentoring Scheme

Called to the Bar: 2003, Inner Temple

Inner Temple Exhibitioner

Recipient of the Paul Methven Scholarship Benefactors Award

Recorder of the Crown Court (2018)

Authorised to try Class 2 cases (2020)

Assistant Coroner for South Yorkshire (Eastern District) (2018)

Master of the Bench, Inner Temple (2025)

Accredited Inner Temple Advocacy Trainer (Pupils and New Practitioners)

Faculty, Keble Advanced Advocacy Course (2024)

Accredited Pupil Supervisor

Recommended as a Leading Junior in Inquests & Inquiries [Legal 500: 2017 - 2025]

Recommended as a Leading Junior in Inquests & Inquiries [Chambers & Partners 2021 – 2025]

Recommended as a Leading Junior in Professional Discipline [Legal 500: 2021 - 2025]

Has vast experience in the field of police law and has advised and represented a wide range of police forces and other agencies in cases of unlawful arrest and false imprisonment, claims under the Human Rights Act 2000 and in respect of failures to investigate and the use of police powers.

Also routinely appears in police misconduct hearings across the country (both acting for the Appropriate Authority and as Legal Advisor to the Chief Constable in Accelerated Misconduct Hearings) and has represented a number of forces in the Police Appeals Tribunal.

Has provided training to Chief Officer teams from a number of police forces on conducting police misconduct hearings, and to force and independent solcitors on preparing for police misconduct hearings.

Also instructed in relation to valuable, complex and / or sensitive police cases across a broad spectrum of issues, including challenges to search warrants, cases involving CHISs, and high value account forfeiture orders, as well as providing policy and legal advice to a number of police forces in relation to police powers and criminal practice and procedure.

Recent cases (which provide a selection of the range of cases involved in):

Misconduct

PC Sam CleePresented the case against a serving police officer accused of sexual harassment, misuse of police vehicles and dishonestly making overtime claims. The Officer relied upon a disability the Equality Act 2020 to explain and mitigate his conduct, however, following a five day hearing the Panel found five of six allegations were found proved and the officer was dismissed without notice.

https://www.thestar.co.uk/news/south-yorkshire-police-officer-sacked-after-allegedly-telling-colleague-if-i-lick-you-will-you-be-mine-5261179

PC JTPresented the case against a serving police officer accused of disobeying a lawful order in respect of his outside business interest. The Officer, who was represented by King’s Counsel, was found to have engaged in Gross Misconduct and dismissed without notice.

Former PC StentPresented the case against a former police officer who was alleged to have sexually assaulted a female after driving her home from a house party. Following a four day hearing, the Panel found allegation proved and determined that the former officer would have been dismissed from without notice if he were still a serving police officer.

https://www.chroniclelive.co.uk/news/north-east-news/police-officer-sexually-assaulted-intoxicated-31149918

Former PC RobinsonPresented the case against a former police officer who was accused of providing dishonest information in his police vetting application and, when questioned about his application, providing a dishonest explanation for the inaccuracies.

The Panel found all three allegations proved and that they amount to Gross Misconduct and determined that the Officer would have been dismissed without notice had he not resigned.

PC GardenPresented the case against a serving police officer accused of mishandling an exhibit and then providing a dishonest account of the circumstances in which the exhibit was seized. Following a three day hearing, the Panel found the allegations proved, that they amounted to operational dishonesty, and dismissed the Officer without notice.

https://www.bbc.co.uk/news/articles/c4g474e7ngeo

Inspector ASPresented a case which followed a lengthy investigation by the Counter Corruption Unit at Lincolnshire Police and resulted in 19 allegations being brought against a serving police Inspector relating to his repeated failure to maintain appropriate professional boundaries with female colleagues, including by behaving in an inappropriately familiar manner toward them, making of inappropriate sexual or personal comments toward female colleagues and his inappropriate sexual touching of female colleagues and members of the public.

Over the course of a six-day hearing, thirteen witnesses gave evidence regarding the Officer’s behaviour and the Misconduct Panel subsequently found 18 of the 19 allegations proven, that 8 of the allegations involved sexual misconduct and 7 of which were so serious so as to amount to Gross Misconduct. Having heard further submissions the Panel determined that the appropriate disciplinary outcome was dismissal without notice.

The Officer subsequently lodged Grounds of Appeal with the Police Appeals Tribunal, however, having considered the Respondent’s Notice the Chair dismissed the appeal on the basis that it had no real prospect of success, and there was no other compelling reason why the appeal should proceed.

https://www.bbc.co.uk/news/uk-england-lincolnshire-67901122

PC BrownPresented a misconduct case where the Officer, whilst still in training, was accused of making a racist remark. The Panel found the case proved and determined that had the Officer still been a serving police officer he would have been dismissed without notice.

https://www.bbc.co.uk/news/articles/cxe4v0pe1l0o

PC DobsonPresented the case against a serving police officer accused of engaging in inappropraite communications with a woman with whom he had a professional relationship, including requesting that she send him intimate photographs of herself and sending her messages which were misogynistic and disrespectful to women. The Officer was also alleged to have engaged in an inappropraite sexual relationship with a second woman with whom he had a professional relationship, and accessing police records in respect of her without a proper policing purpose.

The Panel found the allegations proved and the Officer was dismissed without notice.

http://bbc.co.uk/news/uk-england-tyne-67031354

Former PC BeazleyPresented a case against a former officer for engaging in a sexual relationship with a victim of domestic crime. Following a two day hearing, the Panel found the allegations proved and determined that had he not already resigned, the former officer would have been dismissed.

https://www.bbc.co.uk/news/uk-england-leeds-63401470

PC Henry GreenPresented the case against an officer alleged to have used excessive force when detaining two suspects. Following a four day hearing, the Panel found all allegations proved and the Officer was dismissed without notice.

https://www.bbc.co.uk/news/uk-england-humber-62293030

PC Lee ScottPresented the case against an officer engaged in a ‘Whatsapp’ group which included discriminatory and offensive posts. Following a hearing, the Panel concluded that the allegations were proved and the Officer was dismissed without notice.

https://www.bbc.co.uk/news/uk-england-tyne-58732940

Advisory

Routinely advises a number of police forces on the bringing of misconduct proceedings, including drafting the Regulation 30 Notices and advising on the admissibility of evidence, the handling of matters of sensitivity, applications for reporting restrictions and wider policy issues.

Account Forfeiture Applications

Appeared on behalf of Applicant in the Account Forfeiture Application of West Yorkshire Police v Wei Wei Yang, understood to be the first application brought on the basis of monies being rendered unlawful by the use of an unlicensed money service business. The Respondent appealed to the Crown Court and the appeal was dismissed. The judgment is now widely relied upon by the NCA, amongst others.

Since then, have conducted a range of cases involving informal money service businesses (akin to hawala banking) for a number of police forces including Chief Constable of Northumbria Police v Kong and Chief Constable of West Yorkshire Police v Awzi & Others, (where, notwithstanding the Respondent calling the money transfer agent to give evidence via link from Tripoli the Account Forfeiture was made) and have developed a specialism in the making and presentation of such applications.

Now routinely advise on and appear to present high value, complex and / or sensitive Account Freezing and Forfeiture Applications, including where the Respondents have instructed King’s Counsel.

Represented a regional police force in a very substantial Account Freezing and Forfeiture Order application, understood to be the largest ever conducted outside the City of London. The Respondents were represented by King’s Counsel and the application was ultimately compromised with the Applicant securing a multi-million pound Account Forfeiture Order.

Judicial Review

Routinely advises and represents police forces in relation to judicial review arising from their work.

In R (SF) v. HM Assistant Coroner for North Yorkshire & Others, instructed on behalf of a police force to resist a judicial review in relation to the scope of an inquest. After drafting summary grounds of resistance, the Claimant was refused permission.

In R (CJ) v The Chief Constable of North Yorkshire Police & Others, the Claimant sought to challenge a decision not to prosecute a young person in respect of alleged sexual offending. Having been refused permission, the Claimant renewed their application at a renewal hearing and permission was again refused.

In R v (CG-P) v Secretary Of State For Transport & Anor, the Claimant sought to challenge a decision by North Yorkshire Police to notify the DVLA relating to an apparent medical condition, which caused the DVLA to revoke his driving license. Having been refused permission, the Claimant renewed their application at a renewal hearing and permission was again refused.

Other Litigation

In F & Others v Chief Constable of North Yorkshire Police & Others, the Claimant’s (represented by King’s Counsel) sought to challenge the lawfulness of seizures made under a search warrant on the basis that, inter alia, special procedure material had been unlawfully seized. The Crown Court dismissed the challenge on all grounds and held that, to the extent that special procedure material had been seized, it could be retained under an Order under s.59 of the Criminal Justice and Police Act 2001.

In M v Chief Constable of Northumbria Police, appeared for the Respondent an appeal against the decision of the pension supervising authority (the Police and Crime Commissioner) that 65% of the Appellant’s police pensions (the maximum amount permitted) should be permanently forfeited as a result of his being convicted of a number of serious criminal offences, all committed in connection with his service as a police officer. The Appeal was dismissed with the Appellant Ordered to pay the Respondent’s costs in full.

In F v Chief Constable of West Yorkshire Police appeared for the Respondent and successfully resisted an Application by a ‘prohibited person’ for removal of the prohibition under section 21(6) of the Firearms Act 1968.

In Re: Brussells Court, appeared for the Applicant and secured Closure Orders against 15 properties in and around Brussells Court, Halifax, which were linked to nuisance, disorder and criminality.

In B v Chief Constable of Derbyshire Police, appeared for the Respondent to resist an appeal against the refusal to grant a shotgun certificate. The Appellant contended that the Respondent had placed inappropriate weight on his social media posts and other online activities and sought to challenge the lawfulness of the Home Office ‘s Firearms Licensing Statutory Guidance for Chief Officers of Police on the basis of Carltona Ltd v Comrs of Works [1943] 2 All ER 560. The Court heard evidence from a number of police officers working in counter terrorism, concluded that the Guidance was lawfully in force, and dismissed the appeal on all grounds.

In B & B -v- Chief Constable of West Yorkshire Police appeared for the Respondent to resist an appeal against the Respondent’s refusal to grant a shotgun certificate to either the First or Second Appellant. The First Appellant was a serving police officer, the Second Appellant was his wife, and the Court was invited to conclude that whilst there were no direct concerns regarding the Second Appellant’s suitability to have a shotgun certificate, the risk that the First Appellant might gain unauthorised access to the shotgun was such that her appeal ought also to be refused. The Court accepted the Respondent’s case and both appeals were refused.

Advisory

Advises a number of police force on a range of operational and policy matters, including in relation to issues of Legal Professional Privilege in ongoing and sensitive police enquiries, applications to lift reporting restrictions where juvenile suspects are being sought in connection with serious offending, in relation to public order offences and protests, applications for warrants and the handling of covertly obtained materials.

Professional Memberships

  • North Eastern Circuit (Circuit Secretary November 2011 – present)
  • Criminal Bar Association
  • Proceeds of Crime Lawyers' Association
  • Human Rights Lawyers' Association
  • Inner Temple Mentoring Scheme

Called to the Bar 2003/Inner Temple

  • Inner Temple Exhibitioner
  • Recipient of the Paul Methven Scholarship Benefactors Award
  • Accredited Inner Temple Advocacy Trainer
  • Accredited Pupil Supervisor
  • Recorder of the Crown Court

Education

  • King’s College London LLB (Hons) 2000
  • BPP Law School London Bar Vocational Course 2003

Professional Membership

  • North Eastern Circuit (Circuit Secretary November 2011 – present)
  • Criminal Bar Association
  • Proceeds of Crime Lawyers’ Association
  • Human Rights Lawyers’ Association
  • Administrative Law Bar Association
  • Association of Regulatory and Disciplinary Lawyers
  • Inner Temple Mentoring Scheme

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