Richard Atkins QC Barrister Called 1989 Silk 2011

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1 Richard Atkins QC Barrister Called 1989 Silk 2011 Richard specialises in serious criminal and regulatory offences. Since taking silk he has concentrated on homicide, fraud and regulatory cases, with a particular emphasis on Consumer Law and Trading Standards. As a Junior Barrister he had what he described as a criminal F-word practice: fatality, fraud and filth, with extensive experience in murder and manslaughter cases; serious sexual cases; and complex multi-defendant high value frauds. He defends and prosecutes in equal measure and his reputation is as an approachable, engaging and entertaining advocate. He is well known for his ability to assimilate a large amount of facts and to put the matters across to the tribunal he is appearing before in an effective and easily digestible manner. He has considerable experience of dealing with Proceeds of Crime Act confiscation proceedings arising from the cases he has prosecuted and defended. He has appeared regularly in the Court of Appeal. His regulatory practice comprises of Consumer Law and Trading Standards cases, Health and Safety cases and cases arising from business offences (including BIS and formerly DTI cases). He has appeared before the Professional Golfers Association National Disciplinary Committee and has advised the Royal Automobile Club Motor Sports Association. He has prosecuted for the Serious Fraud Office and is on the FSA list of approved Counsel. He has previously dealt with liquor and entertainment licensing cases. He is regularly instructed to defend in privately funded cases and encourages the use of fixed or capped fees providing certainty of costs for clients. He is also Direct Access qualified. Richard regularly gives seminars in St Philips Chambers on Regulatory and Criminal Law topics. He has also been instrumental in providing in-house seminars for clients tailored to their specific needs and requirements. Richard sits as a Crown Court Recorder and is authorised to try all criminal offences except homicide. He has recently been appointed as one of a small number of Judicial College Tutor Judges in which role he trains Crown Court and High Court Judges and Recorders. He is also a Midland Circuit and Grays Inn Advocacy Trainer. Richard is the Head of the St Philips Chambers Criminal Group where he is also a member. Richard is a member of the General Council of the Bar of England and Wales and sits on the Bar Council General Management Committee. He is the Chairman of the Bar Council Member Services Board.

2 Richard is Chairman of the Governors of the Coventry School Foundation which governs Bablake and King Henry VIII schools in Coventry. Business and Financial Crime Richard has defended and prosecuted in a number of substantial and lengthy fraud trials. In silk he has prosecuted a 12 Defendant fraud in October 2011 in which the trial lasted 3 months. In January 2013 he represented a businessman charged with Cheating the Revenue in a case that was due to last for 8 weeks. On the second day of the trial the prosecution offered to drop the more serious charges in relation to Corporation Tax and accept a plea in relation to Income Tax only which substantially reduced the element of criminality being alleged. The defendant then pleaded on a very limited basis. Richard has defended a number of businessmen facing trial in relation to allegations of dishonesty and fraudulent trading, as well as matters arising from insolvency or bankruptcy. He has appeared in a number of international boiler room frauds with links to America and the Far East where investors were duped into investing in non-existent worthless shares and then targeted again to invest in further non-existent shares. He prosecuted a $5million international credit insurance fraud perpetrated on the makers of Sendo mobile telephones and also prosecuted a 2 million multi-defendant fraud perpetrated upon banks and credit card companies. Related to these offences are the Proceeds of Crime Act confiscation hearings of which Richard has extensive experience. As a Junior Barrister he was on the DTI prosecution A and was instructed by the SFO in the prosecution of a substantial green form legal aid fraud. Regulatory Richard has practised in the Regulatory field throughout his career at the Bar. He has prosecuted and defended Consumer Law and Trading Standards cases, DTI / Bis cases, HSE cases, SFO cases, and is on the FSA list of Approved Counsel. He has appeared before the Professional Golfers Association National Disciplinary Committee and has advised the Royal Automobile Club Motor Sports Association. He has considerable experience of liquor and entertainment licensing cases. Since taking silk he has developed a particular interest in Consumer and Trading Standards law and was recently successful in the Court of Appeal in the leading case of R v X Ltd 2013 EWCA Crim 818 which has clarified the law in relation to the Consumer Protection from Unfair Trading Regulations 2008 and mens rea and recklessness in relation to companies. Richard is Direct Access qualified and undertakes privately funded cases, encouraging the use of fixed or capped fees providing certainty of costs for clients. He regularly gives seminars on Regulatory matters and provides in-house seminars tailored to the clients specific needs and requirements. Seminars

3 In December 2010 he lectured on Consumer Protection case law In September 2011 he Chaired the St Philips Chambers Proceeds of Crime Act Seminar In July 2012 he Chaired a Local Authority seminar on Regulatory law and lectured on the Proceeds of Crime Act and the Fraud Act In September 2012 he lectured on the Consumer Protection from Unfair Trading Regulations Richard is happy to provide in-house training or to tailor a seminar to the particular requirements of any client Health and Safety Richard has prosecuted and defended health and safety cases involving both death and serious injury. The cases have included fatal accidents at work and those involving serious injury caused by amongst other things falls, dangerous machinery and deficient workplace practices. In his general criminal practice Richard regularly prosecutes and defends murder and manslaughter cases, including unlawful act and gross negligence manslaughter. Homicide Richard has extensive experience of homicide cases, both prosecuting and defending. He has been instructed in the prosecution of a number of high profile gang related shootings in and around the West Midlands. He has dealt with numerous killings arising out of domestic arguments and recently acted for the defence in a high profile case where the body of a young Polish woman was found in a suit case on wasteland in Burton on Trent. He has considerable experience of dealing with cases involving the deaths of young children and cases with complex medical issues involving pathologists, toxicologists and paediatricians. He has recently led for the defence in a murder case where the issues included fitness to plead, diminished responsibility by reason of abnormality of mental functioning, and self-induced intoxication. He also recently led for the defence in a case of perverting the course of public justice linked to a very high profile murder. He is currently instructed to prosecute a murder where all of the evidence is circumstantial and the case relies heavily on forensic scientific evidence. Organised Crime Richard has extensive experience of both prosecuting and defending organised crime cases. In recent years he has dealt with several cases concerning international drugs importations as well as boiler room frauds and an international credit insurance fraud. In 2010 he prosecuted a multi-million pound multi-handed fraud which targeted banks, businesses and credit card companies.

4 In 2009 he defended a man charged with kidnap and blackmail arising from organised crime in a 6-week long trial. In 2008 he led for the defence in a three month cannabis importation case prosecuted by the Serious Organised Crime Agency. The case involved telecommunications evidence and he cross-examined a telephone expert for two days. The case also involved intercept evidence which is not admissible if carried out in the UK but is admissible if it is carried out abroad in accordance with the law applicable in the country where the intercept takes place. As a result of this he had to cross-examine a Dutch Law Professor and Dutch Prosecutor and call a Dutch Law Professor for the defence. He has prosecuted and defended cases concerning sophisticated international boiler-room frauds. In one such case, investors were duped into investing in non-existent shares and then targeted again to invest in further non-existent shares. The case had links to America and the Far East. Licensing Richard has extensive experience of licensing matters. He has dealt with numerous liquor licensing applications and appeals. He has also appeared before local Councils in applications for entertainment licences, and has represented licensees when the Police have sought revocation of their licences. Serious Sexual Offences Richard has lectured to defence solicitors, the CPS and the West Midlands and Warwickshire Police on the Sexual Offences Act 2003 and subsequent cases and developments. He has dealt with all types of sexual offences from rape to sexual assault, voyeurism, exposure and downloading of indecent images. Many of the cases have involved child witnesses; people with mental health problems; and historic sexual abuse. His most recent defence cases include those of a man charged with the historic rape and sexual abuse of his step daughters in the late 1960s and early 1970s; a man with mental health problems who was accused of the sexual abuse at knife point of a 15 year old boy; a man charged in the same trial with both the historic sexual abuse of his step daughter and the recent sexual abuse of the daughter of the woman he was then in a relationship with; and a man charged with the historic abuse of his nephews. His recent prosecution cases have included a serial rapist targeting prostitutes in the Coventry area; a homosexual gang rape; and both historic and recent child abuse. Richard is one of a limited number of Crown Court Recorders who is authorised to try serious sexual offences. Sport Disciplinary and Professional Regulation Richard has appeared before the Professional Golfers Association National Disciplinary Committee; and has advised the Royal Automobile Club Motor Sports Association.

5 Trading Standards and Consumer Regulation Richard both prosecutes and defends consumer law and trading standards cases. He is currently instructed to prosecute two substantial matters in the Crown Court concerning offences pursuant to the Consumer Protection from Unfair Trading Regulations These relatively new regulations are a topic on which he has also lectured. In the case of R v X Ltd 2012 EWCA Crim 818 Richard successfully appealed a terminating ruling in the Crown Court to the Court of Appeal and in so doing clarified the meanings of commercial practice and transactional decisions in the Consumer Protection from Unfair Trading Regulations This was the first time that the Court of Appeal had considered these regulations. The Court also took the opportunity to give guidance on the concepts of mens rea and recklessness as applied to companies. The Court accepted the arguments put forward by Richard who was leading Ben Mills and found in his favour in respect of all matters before the Court. The matter is currently awaiting a re-trial in the Crown Court. Richard is also engaged in the national prosecution of Tesco Stores Limited in relation to offences arising out of their pricing of strawberries in 2011 contrary to the Consumer Protection from Unfair Trading Regulations Richard has delivered seminars at St Philips Chambers on Consumer Law and Trading Standards matters and recently has been instrumental in organising, Chairing and delivering seminars to Local Authorities tailored to their requirements on aspects of Consumer Law and Trading Standards and other areas of Regulatory Law. Contact Details: Telephone: Fax: clerks@4kbw.co.uk

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