David Malone


Call 1998

chambers@18rlc.co.uk
020 7520 6000

Legal Appointments

2014 Awarded Special Commendation by the Bar Council for pro bono work
2013 Reviewer for the Bar Pro Bono Unit
2013 Joined Red Lion Chambers
2013 CPS Specialist Panels: Fraud
2012 CPS General and Rape Panel: Grade 4
2010-2013 Head of Chambers, 1 Gray's Inn Square
2005 Fee Paid Part Time Road User Charging Adjudicator
1998 Called to the Bar, Gray's Inn
1996-1997 Awarded two Scholarships by Gray's Inn (Karmel Awards)

Memberships

- Criminal Bar Association
- South Eastern Circuit

Social Media

Publications

- David is a regular contributor to both local and national broadcast, print and online media.

Lectures/Presentations

- David can provide bespoke CPD lectures and seminars upon request.

Other

- Pupil Supervisor

 
 



David is a leading barrister who acts in grave, complex and difficult cases, in particular appeals and cases involving human rights challenges. In potential miscarriage of justice cases he will consider acting on any appeal on a pro bono basis, including applications to the Criminal Cases Review Commission.

His practice covers the following areas of law: criminal law (including serious fraud work), regulatory law, police law and procedure, police actions, prison law, inquests and public inquiries, criminal injuries compensation, victims’ rights and miscarriages of justice. His practice extends to the length and breadth of England and Wales and he will advise and represent clients internationally. He deals with very high profile cases and stressed clients in the full glare of the media spotlight.

Described as a "fearless defender" by a Senior Crown Court Judge, he has historically appeared almost exclusively for the defence and is a formidable tribunal, jury and Appellate Court advocate. However, he has been awarded the highest prosecution grading - Grade 4 - by the Crown Prosecution Service ('CPS') and has been approved as an advocate who can prosecute allegations of rape and other sexual offences.

David also has the distinction of being appointed to the CPS Specialist Advocate Panel for Fraud cases. This appointment is made to a national list of a small number of top advocates approved to prosecute the most complex and highest value financial crime. Another Senior Crown Court Judge and Queens Counsel has said of him, "It is unusual for a barrister at the present time to be able to prosecute and defend at this level. It speaks highly of him that he is so trusted on both sides."

These prosecution gradings are a quality mark of David’s ability as a defence advocate. It is widely anticipated that defence advocates will be formally graded in the future but in the meantime clients must not be frightened or shy to ask questions about the expertise, experience and results of the advocate representing them - in particular any gradings or appointments they may have - it is a clients case and life after all.

David has a first degree in Biochemistry (BSc [Hons]) and also studied human physiology before working for a short time in a laboratory. This scientific background and experience is crucial not only when dealing with expert evidence, including issues of forensic science (e.g. DNA evidence) and medical evidence (e.g. the injuries in allegations of murder, child cruelty and sexual offences), but also when handling complex data, figures and forensic accounting evidence.

Born in the UK with an Irish heritage, David finds that he is often instructed by individuals and groups with a minority ethnic heritage, perhaps because of his insight into issues such as discrimination, poverty and social mobility.

David who successfully served as one of the youngest Heads of Chambers in the country, at a leading set of barristers’ chambers, has the distinction of being one of a select few barristers interviewed for 'My Legal Life' in the Law Society Gazette.

A measure of the confidence senior members of the legal profession have in him is demonstrated by the fact that he was appointed by a Resident Crown Court Judge to advise and assist the Court in the trial of an unrepresented paranoid schizophrenic for the attempted murder of his psychiatrist. Another Crown Court Judge commended his work in a major drugs conspiracy case by stating, “it was a pleasure to have such a beautifully prepared case presented by Counsel who had mastered his brief so comprehensively”.

Human Rights

David is described by the Law Society Gazette as a "prominent human rights and criminal barrister" and elsewhere in the media as a "leading human rights barrister". He is currently engaged on a landmark challenge to the UK Government, under Article 8 of the European Convention of Human Rights, before the European Court of Human Rights (‘ECtHR’), over the decision to prosecute a victim of rape for perverting the course of justice because she falsely retracted her true complaint. The case is known in the media as Sarah’s Case and before the ECtHR as RA v UK. The Court of Appeal reference is R v A [2012] EWCA Crim 434. The Lord Chief Justice blocked an appeal to the UK Supreme Court hence the current proceedings before the ECtHR. Another aspect of Sarah’s Case is currently lodged before the Upper Tribunal (RT v First-Tier Tribunal (Social Entitlement Chamber) and Criminal Injuries Compensation Authority) in the UK where David is instructed in judicial review proceedings to challenge a reduction in the criminal injuries compensation to be awarded to Sarah.

David successfully launched a national campaign (#EvesLaw) with a survivor of domestic violence to ensure that the safe addresses, and the confidential details, of victims of domestic violence and sexual abuse were protected by the courts and other agencies. As a result of this campaign the UK Government agreed that it will change the law by introducing a Code of Practice.

He was awarded a Special Commendation from the Bar Council for this work described as “Herculean” by his client. Lord Goldsmith QC said about him when judging the Bar Pro Bono Award, “David Malone’s tireless efforts on the Eve’s Law campaign make him a worthy runner up for recognising that his pro bono work could go beyond a single case, and instead be used to influence a change in the law, protecting all victims of domestic violence and abuse in the process.”

Much of David's human rights work is conducted on a pro bono basis.

David has also been instructed by the Crown to deal with cases involving alleged breaches of human rights during protests. Protest law is an area of particular expertise for him. For example he was instructed to prosecute high media profile allegations of aggravated trespass at Fortnum and Mason by protestors. He has also advised a Police Service on obtaining Production Orders from television/media companies and freelance journalists.

 

Fraud and Corporate Crime

David is a well regarded specialist in defending fraud and corporate crime cases of every conceivable type.

His record of defending in recent years speaks for itself. He is a leading barrister in this area as is recognised by his involvement in high media profile cases and his appointment by the CPS to the Specialist Advocate Panel for Fraud cases.

Any client charged with fraud and corporate crime offences should check with care the expertise and experience of the advocate defending them.

Examples of David’s work to demonstrate the depth and breadth of his expertise and experience are shown. This is also the case with different areas of practice shown below and on the Regulatory and Inquiries & Appellant Work tabs.
  • R v T
    High media profile NHS fraud - defence.
  • R v R
    Money laundering linked to major drugs conspiracy - defence.
  • R v A
    Courier / confidence fraud - defence.
  • R v H
    High media profile money laundering proceeds of insurance fraud - defence.
  • R v M
    Million pound tax/VAT/PAYE fraud - defence.
  • R v B
    Banking fraud - defence.
  • R v O
    Advanced fee fraud and money laundering - defence.
  • R v B
    £40 million VAT Missing Trader / carousel fraud - defence.
  • R v C
    High media profile Vivienne Westwood and Banksy art fraud - defence.
  • R v G
    Major ‘boiler room’ wine fraud - defence.
  • R v M
    Charity fraud - defence.
  • R v M
    £54 million money laundering - defence.
  • R v A
    Credit card/eBay fraud - defence.
  • R v A
    £1 million mortgage and benefit fraud - defence.
  • R v B
    £5 million money laundering - defence.
  • R v R
    £100,000 business fraud - defence.
  • R v K
    £40 million VAT Missing Trader / carousel fraud - defence.

 

Proceeds of Crime (POCA)

David has been involved in confiscation and forfeiture proceedings ranging from thousands to tens of millions of pounds. He has been instructed by both the defence and prosecution.

 

Homicide

David has appeared in a number of high profile murder, attempted murder and manslaughter cases in both the Crown Court and the Court of Appeal, either as junior counsel (led by Queens Counsel), or leading counsel (both with and without a junior).

He has successfully appeared as leading defence counsel against Treasury Counsel in an attempted murder at the Central Criminal Court (Old Bailey).

David’s scientific training, qualifications and experience are invaluable in handling forensic evidence and experts in cases of this nature. He also has training and experience in dealing with clients with learning difficulties and mental health issues, plus experience of all types of psychiatric and mental health defences.

In addition to homicide offences David has appeared in a large number of s18 and s20 grievous bodily harm and wounding cases involving all manner of weapons and defences.

David is often instructed to represent young clients charged with grave offences.
  • R v T
    Attempted Murder - appointed as the Court advocate for an unrepresented defendant with a diagnosis of paranoid schizophrenia.
  • R v P
    One punch manslaughter - defence.
  • R v M
    Gross-negligence manslaughter and health and safety in the road haulage industry - defence.
  • R v H
    Murder and attempted murder (using a firearm) - defence.
  • R v K
    Attempted murder with firearms - defence.
  • R v R
    Murder (by strangulation) including appeal to the Court of Appeal involving the Criminal Cases Review Commission - defence.
  • R v L
    Murder (by fire, ‘cut-throat’ defence) - defence.

 

Protest and Public Order

David specialises in the law relating to protest (human rights and civil liberties), public order, football/sport related offences, anti-social behaviour and policing, including Production Orders.

As such he has been instructed by the specialist CPS and police units dealing with protest and public order cases. He is considered by the prosecution to be a leading practitioner in this area. Indeed he has briefed Scotland Yard on the policing of protests and the prosecution of public order offences.

Notably he was instructed to lead the prosecution team in Operation Malone (student demonstrations - the name of the operation being a coincidence) and Operation Brontide (violence on the date of a TUC March). David prosecuted the high profile Fortnum and Mason occupation from the magistrates' court through to the Crown Court Appeal.
  • R v Farmer [2013] EWCA Crim 126
    Violent disorder - Respondent.
  • R v A and others
    Large scale violent disorder in Young Offenders Institution - prosecution.
  • R v P
    High profile anti-police violent disorder - defence.
  • R v Parkinson (Scott) [2004] EWCA Crim 2757
    Leading ASBO case - Respondent.

 

Serious and Organised Crime

David has been instructed to handle the vast majority of serious offences in the criminal calendar. He has comprehensive experience of dealing with organised crime, criminal networks and conspiracies.

His specialist knowledge of police law and procedure gives him the critical edge over other legal professionals working within this area.
  • R v B and others
    Major national conspiracy to supply drugs - prosecution.
  • R v N
    Gang land violence and shooting (Operation Trident) - prosecution.
  • R v M
    Violent street robbery of old aged pensioner (Court of Appeal) - Respondent.
  • R v B
    Large scale conspiracy to burgle - defence.
  • R v W
    Major possession with intent to supply and possession of firearm - defence.
  • R v K
    Human trafficking, control of prostitution and money laundering - defence.
  • R v T
    Major conspiracy to supply drugs - defence.
  • R v W
    Major conspiracy to cultivate cannabis - defence.
  • R v P
    Cash-in-transit robbery (‘Flying Squad’ case) - defence.
  • R v O
    Importation of Class A drugs – defence.
  • R v B
    Child cruelty - defence.
  • R v A
    Major conspiracy to import drugs - defence.
  • R v R
    Major conspiracy to supply drugs - defence.
  • R v R
    High media profile assault in nursery - defence.

 

Sexual Offences

David is a well regarded specialist in both defending and prosecuting rape and other serious sexual offences. This fact is amply demonstrated by his involvement in high profile cases and his appointment by the CPS to the Specialist Rape Panel.

Any client charged with such grave crimes, in one of the most challenging areas of criminal law and procedure, must check with great care the expertise and experience of the advocate defending them.
  • R v C
    High media profile rape of wife throughout marriage by husband - defence.
  • R v W
    Sexual assault of teenager by a family friend - defence.
  • R v H
    Sexual assault on a woman with profound learning difficulties - prosecution.
  • R v W
    Historic child sexual abuse - prosecution.
  • R v H
    High media profile serial rape and sexual assault with three separate complainants - defence.
  • R v J
    Serial rape with two separate complainants - defence.
  • R v L
    Rape of prostitute by client with mental health issues (disputed DNA evidence) - defence.
  • R v R
    Rape and kidnapping of former partner - defence.
  • R v T
    Rape and sexual activity with a person with a mental disorder - defence.
  • R v Anigbugu [2011] EWCA Crim 1991 and Attorney General’s Reference (No’s 3, 73 and 75 of 2010)
    Rape and successfully advising on Attorney General's Reference resulting in the so-called 'safe-haven' sentencing guidelines - prosecution
  • R v F
    Rape of 13-year-old girl by 16-year-old boy - defence.
  • R v H
    Historical rape of daughter by biological father - prosecution.
  • R v A and others
    Gang rape - defence.
  • R v R
    Rape (Court of Appeal) - Appellant.
  • R v B
    Rape, multiple child victims over 40 year period - prosecution.
  • R v F
    Sexual assault on 8 year old step-daughter - prosecution.
  • R v D
    Rape by husband - prosecution.
  • R v B
    Sexual offences involving juveniles - prosecution.
  • R v H
    Sexual assault on child - prosecution.
  • R v G
    Attempted rape - prosecution.
  • R v M
    Rape (complainant had profound learning difficulties) - defence.
  • R v A
    Rape - defence.
  • R v M
    Rape of juvenile - prosecution.
  • R v P
    Sexual assault on child - prosecution.
  • R v B
    Rape of 4 year old child (Court of Appeal) - Appellant.

 

Road Traffic

David has had specialist training in police advanced driving and pursuit tactics. He is an expert in police law and procedure.

He has a niche practice in defending road traffic law cases from simple speeding matters through to causing death by dangerous driving, breaches of health and safety legislation and manslaughter. In addition his scientific training, knowledge and experience set him apart from other lawyers working within this area.
  • R v B
    Gross-negligence manslaughter and health and safety in the road haulage industry - defence.
  • R v C
    Sensitive and high profile death by careless driving - defence.
  • David has defended countless other road traffic law cases involving disqualification and the imposition of penalty points.

 

Prison Law

David provides advice and representation to prisoners and in particular those serving life-sentences or other sentences for grave crimes. This includes adjudications, Parole Board hearings and judicial review proceedings.

He is a former Member of the Independent Monitoring Board at HMP Brixton.
  • David has represented a large number of clients in Parole Board hearings and adjudications. He also has experience of judicial review proceedings.
See Crime tab for some general information about David and his practice.

Health & Safety

David has a background and training as a scientist. This experience stands him in good stead when dealing with health and safety matters. He has particular expertise in transport matters which originally evolved from his criminal practice in similar areas.
  • R v M
    David was instructed as junior counsel to Queens Counsel to defend the Director of a high profile road haulage company charged with manslaughter and breach of health and safety legislation following the death of one of the drivers employed by the company. The trial which also encompassed a major tax and VAT fraud lasted a number of months. David was instructed by a leading transport and regulatory solicitors.

 

Environment

David has been instructed by the Environment Agency.

As a former local councillor he also gained hands on experience of dealing with community based environmental issues such as planning and licensing. As regards the latter David was a member of the Licensing Committee dealing with licensing, betting and gaming applications on a regular basis.
  • David has dealt with various environmental and licensing cases over many years of practice.

 

Fire Safety

David is a member of the Chambers Fire Law team which deal with the full range of fire law and safety matters. Once again his experience at local authority level and as a scientist sets him apart from the average practitioner. David has particular expertise in dealing with the emergency services and their various regulations and professional codes of conduct.

 

Financial Services Regulation

David accepts instructions in Financial Services Regulation. He is a leading criminal defence fraud specialist, who has been approved by the Crown Prosecution Service to prosecute fraud cases. Please see crime profile.
  • Please see crime profile for notable fraud cases.

 

Tax & VAT

David accepts instructions in Tax and VAT matters. As a leading criminal defence fraud specialist, who has been approved by the Crown Prosecution Service to prosecute fraud cases, he has considerable expertise and experience in this area. Please see crime profile.
  • Please see crime profile for notable fraud cases.

 

Professional Discipline

David accepts instructions in a wide range of professional discipline matters. He has particular expertise and experience in police law and procedure. David will also advise and represent teachers and medical professionals before their respective disciplinary tribunals.
  • O
    Advising two Doctors regarding an investigation into them by the GMC for abuse and trafficking.
  • A
    Advising and Representing a teacher accused of sexual abuse of a pupil before the disciplinary tribunal.
  • B
    Advising a nurse on appeal 'struck off' the nursing register for dishonest conduct.
See Crime tab for some general information about David and his practice plus some of the current appeals he is involved with.

Coroners' Inquests

David accepts instructions from all parties to Coroners' Inquests.

His status as a leading human rights and criminal lawyer, with training and experience as a scientist, plus expertise in police law and proceedure place him 'head and shoulders' above the average advocate in this area.

 

Public Inquiries

David accepts instructions from all parties to Public Inquiries.

See Coroners’ Inquests entry above.

 

Appeals

David has considerable expertise and experience in advising and representing Appellants on a wide variety of appeals from the Crown Court through to the European Court on Human Rights.

In the interests of justice David advises and provides representation on appropriate appeals on a pro bono basis, such as renewed appeals to the Court of Appeal, applications to the Criminal Cases Review Commission and prison law matters. David, born in the UK with an Irish heritage, finds that he is often instructed by individuals and groups with a minority ethnic or mixed heritage, perhaps because of his insight into issues such as poverty, social mobility and discrimination. Moreover it is a indication of their complete faith in him.
  • Please see crime profile for notable appeal cases.

 

Judicial Review

See Appeals above