Richard Saynor Essex Street London WC2R 3AA Profile

Transcription

1 Profile Richard is a highly regarded and sought after practitioner with a busy advisory and court practice. He practises in both criminal and civil law with an emphasis on asset forfeiture and recovery. Richard is a compelling and persuasive advocate, combining an astute tactical analysis with clear, succinct submissions. He is known for his calm manner and practical approach, which wins the trust and confidence of all parties concerned. He both prosecutes and defends, and regularly accepts instructions on behalf of companies, individuals, and Government departments. He is also direct access qualified and can received instructions direct from members of the public. Much of Richard s work involves an international element, and he routinely acts for those who operate and / or live in foreign jurisdictions. Richard was responsible for obtaining the UK s first European Supervision Order, allowing an EU national to be bailed back to their member state pending trial, subject to conditions monitored by the local police force, rather than remain in custody. He continues to specialise in obtaining such orders on a private basis. Expertise: Restraint, Asset Forfeiture and Confiscation Richard has considerable experience of the Proceeds of Crime Act 2002 and asset forfeiture. He has provided advice and represented parties in criminal confiscation cases under part 2 of the Act, High Court civil recovery under part 5 of the Act, and tax tribunals under part 5 of the Act. Richardsaynor@23es.com Richardsaynor@23es.com.cjsm.net Counsel s Clerk Clerks@23es.com Primary Areas of Practice General Crime Motoring Law Fraud and Financial Crime Regulatory and Disciplinary Mental Health Law and the Court of Protection Education M.St, Law Faculty, Cambridge University Diploma, Law Faculty, Cambridge University Postgraduate LLB, BPP BA Hons, Modern History, Oxford University. Awards Middle Temple Major Scholarship, Astbury Oxbridge Scholar (2007 to 2009) Mansfield College Scholar: 2005 to 2007 (Oxford University). Undergraduate Thesis prize (Oxford University).

2 Also, Richard is currently instructed by the National Crime Agency as the junior advocate in the civil Court of Appeal case, which concerns the nature of Suspicious Activity Reports under Part 7 of the Act. Richard has benefited considerably from being a consultant barrister at the National Crime Agency s Civil Recovery and Tax Department, where he is currently the lead lawyer on all of their high profile criminal confiscation cases, as well as conducting and being exposed to many of their high-value civil recovery and tax tribunal claims. He regularly lectures on this topic, and has provided training to the CPS, National Crime Agency, and also internationally, including to lawyers in foreign jurisdictions. Richard is happy to act in restraint, criminal confiscation, civil recovery, enforcement, tax and cash forfeiture proceedings. Criminal Litigation Richard, who prosecutes and defends in the Crown Court, has considerable experience of acting in a wide range of serious matters. Richard works tirelessly for his clients, and in 2015 obtained the EU s first European Supervision Order in Criminal proceedings, which allowed his Spanish client to be bailed back to Spain pending trial, with the Spanish authorities agreeing to monitor his English bail conditions. He has defended those charged with a wide range of offences, including conspiracy, armed robbery, serious violence, the production and supply of drugs, sexual offences, and fraud. He is also regularly instructed to defend clients in cases brought by the RSPCA, the Department of Work and Pensions, and HMRC. Richard advises clients before any charges are brought, to consider whether and how prosecution can be avoided, and whether there are alternative disposals that may be appropriate. He has also helped to advise corporations on their criminal liability. Concerning prosecution, Richard is a Grade 3 CPS advocate and is routinely instructed to prosecute matters in the London and Thames Valley areas. His experience includes prosecuting serious matters for the CPS Serious Organised Crime Unit such as human trafficking and

3 drugs cases that formed part of Operation Trident. Further, he has acted as prosecution junior in two murder trials. Richard also has considerable experience acting on behalf of private prosecutors, such as the Department of Business Innovation and Skills, HMRC, and the Health and Safety Executive. Further, Richard has advised the Government of Kazakhstan on the initiation of private prosecutions for a series of offences within England and Wales. Regulatory and Disciplinary Proceedings Richard advises clients within the financial services industry, including on criminal and civil liability. His approach to this type of advisory work recognises the importance of considering the commercial and practical implications for his clients. Notable Crown Court Cases: Prosecuting R v HB [2012] (Central Criminal Court): acted as junior assisted in the prosecution of a 3 day murder at the Central Criminal Court involving a defendant who was pleading not guilty by reason of insanity. R v MW [2012] Snresbrook Crown Court: acted as junior in the prosecution of a 3 week murder at Snaresbrook Crown Court involving a defendant who had stabbed his brother-in-law to death at a family wedding. R v X [2012] (Southwark Crown Court): prosecuted a number of conspiracy to supply class A and B drugs cases at Southwark Crown Court that have been investigated by the Opertation Trident team (guilty pleas entered). R v KA [2012] (Croydon Crown Court): prosecuted preliminary matters for the CPS Serious Organised Crime Unit for cases concerning human trafficking. Defending: R v CY and LY [2013] (Canterbury Crown Court): clients pleaded to affray wherein the complainant was attacked by a group of 4 and sustained a

4 broken eye socket, jaw, and ankle. They received an 8 month suspended sentence. R v SH [2013] (Blackfriars Crown Court): client charged with offences under the Dangereous Dogs Act. Persuaded the Crown to discotninue the case on the day of trial. Not guilty pleas directed. R v RC [2012] (Canterbury Crown Court): client acquitted of all 3 counts of theft from an employer, namely a charity shop that raised money for the local hospital. R v KD [2012] (Canterbury Crown Court): client pleaded guilty to an armed bank robbery, during which he had held customers at gunpoint, taken 3,000, and then threatened police in order to escape. He received 7 years imprisonment. R v DD [2012] (Canterbury Crown Court): Client convicted of ABH, having broke the victim s jaw. He received a nominal sentence of 3 months to coincide with his release for other matters. R v SS [2012] (Isleworth Crown Court): successfully overturned a conviction for common assault during an appeal to the Crown Court at Isleworth, where the client ran factual denial and 4 eye-witnesses giving evidence for the prosecution. R v AK [2012] (Wood Green Crown Court): succesfully overturned a conviction for common assault against the defendant s ex-partner. R v TN [2011] (Glocester Crown Court): negotiated a plea to violent disorder for a defendant charged with section 18 (GBH) on a joint enterprise basis with another co-defendant. He received 3 years, whilst his co-defendant, who pleaded to the section 18, received 10 years. Notable Magistrates Court Cases: R v IT [2012] (Stratford Magistrates Court): the bench dismissed allegations of producing cocaine, possession of prohibited weapons, and possession of cannabis following submissions the police had not proved the defendant had sufficient control over the items. R v PW [2012] (Canterbury Magistrates Court): the defendant was acquitted of theft although he failed to attend court for his trial.

5 R v TS [2012] (Brent Magistrates Court): the defendant was acquitted of two counts of common assault against his teenage children, all three of whom gave evidence against him. R v SB [2011] (Highbury Corner Magistrates Court): the court dismissed an allegation of s.20 GBH (reckless infliction of HIV) at a section 6(1) committal following submissions the Crown had insufficient forensic evidence. R v AW [2011] (Chatham Magistrates Court): the defendant was acquitted of assault on a paramedic although she turned up to trial 3 hours late, and walked out of court on 3 occasions. R v MD [2011] (Ealing Magistrates Court): the defendant was charged with 6 offences. Following a three day trial, 4 matters were dismissed at half time, 1 matter was dismissed following a legal submission, and the defendant was acquitted of the final matter at the end of the trial. Motoring Law Richard regularly receives private instructions to advise and represent clients in all manner of road traffic cases. He has considerable experience in this area, and a good record of ensuring his clients retain their licences wherever this is possible Fraud and Financial Crime Richard has been instructed to defend in a range of cases involving fraud. He also has experience of conducting work under the Proceeds of Crime Act 2002, including provided advice in relation to criminal confiscation proceedings and claims for civil recovery, and also conducting contested confiscation hearings at the Crown Court. Richard also prosecutes on behalf of HMRC, conducting cash forfeiture proceedings in the Magistrates Court. Notable Cases R v EF [2012] (Maidstone Crown Court): during the hearing persuaded the court to overturn a compensation order for 10,000 on the basis it was unlawful, and then reduce the confiscation order from 70,000 to 1.

6 R v PW [2012] (Canterbury Crown Court): following a conviction for robbery agreed an order of 3,000 down from the 50,000 being sought. R v RM [2012] (Harrow Crown Court): client involved in benefit fraud to the value of 37,000. Regulatory and Disciplinary Richard has written advices on and conducted in-depth research into the legislation and regulations concerning the financial services industry, including the criminal and civil offences that can result. His approach to this type of advisory work recognises the importance of considering the commercial and practical implications for his clients. Richard is currently undertaking advisory work for Stephen Platt Associates LLP (a financial regulation and compliance consultancy based in the Channel Islands). Richard also has experience advising those who are due to appear before professional bodies, such as the Nursing and Midwifery Council. Richard also prosecutes in this field, and has experience of prosecuting matters for the Health and Safety Executive where it is alleged that Health and Safety Regulations have been breached. Mental Health Law and the Court of Protection Richard has considerable experience of dealing with clients who suffer mental disorder. Since 2008 he has been appointed as an Associate Hospital Manager for South London and Maudsley NHS Trust, with the task of convening mental health hearings within hospitals and reviewing the decisions of psychiatrists and the Courts to section individuals under the Mental Health Act 1983 (i.e. detain and / or treat mentally disordered individuals). Prior to joining the bar Richard acted as an in-house advocate for a London based solicitor. During this time he regularly conducted Mental Health Tribunals, representing those who were detained under both civil and forensic sections (i.e. those detained under sections 2, 3, 37 and 37/41of the Mental Health Act 1983). At the same time he also

7 conducted community care and court of protection work, including in cases concerning welfare, financial and serious medical treatment decisions, nearest relative displacement applications, judicial review and habeas corpus applications by detained patients. As a result of above he has a comprehensive working knowledge of mental health law. Further, the training he has received at the Maudsley Hospital one of the world s leading mental health institutions has provided him with expertise in handling those who are vulnerable and mentally disordered witnesses in the court environment.