David Malone


Call 1998

chambers@18rlc.co.uk
020 7520 6000

Legal Appointments

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
- Listed on the Bar Council Public Access Directory

Social

Publications

- David is a regular contributor to both local and national broadcast and print media, plus various blogs.
- He is the founder, creator and former Editor-in-Chief of the Barristers' Hub Blog.

Lectures/Presentations

- David can provide bespoke CPD seminars and lectures in all of his practice areas and the law and/or legal profession in general upon request.

Other

- Pupil Supervisor

 
 



David is a leading criminal barrister who acts in the most grave, complex and challenging of criminal law cases, in particular cases involving human rights challenges. This includes serious fraud work plus other larger, more serious and difficult cases, including Very High Costs Cases (‘VHCC’). His practice extends to the lenght and breadth of England and Wales and he will advise and represent clients based both in Europe and 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, David has historically appeared almost exclusively for the defence. However, he has also 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 serious sexual offences.

In addition David 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 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 near 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 criminal trials - in particular any gradings or appointments they have - it is your case and life after all.

David has a first degree in Biochemistry (BSc [Hons]) and also studied human physiology. He subsequently worked as a scientist. This expertise and experience is crucial when dealing with expert evidence, including issues of forensic science (e.g. DNA evidence) and medical evidence (e.g. the injuries suffered by the victims of murder, child cruelty and rape).

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.

Human Rights

David is described by the Law Society Gazette as a "prominent human rights and criminal barrister" and in the media as a "leading human rights barrister". He is currently, in addition to other human rights work, engaged on a major human rights campaign (Eves Law) and an equally high profile case (Sarah's Case). Much of David's work in this area is conducted on a pro bono basis. David supports the abolition of the death penalty still exercised by some nations outside of the European Union.
  • Eves Law
    David is currently working with a domestic abuse and violence survivor and campaigner Eve Thomas (not her real name) on Eves Law and the Eves Marker. This campaign aims to keep confidential the safe addresses of victims of domestic violence and abuse. The legal brief is published here. The Eves Law team have had a meeting with the Ministry of Justice (‘MOJ’) following a high profile media campaign. The MOJ will reply to the Eves Law proposals in 2014. In the meantime a large number of Members of Parliament have supported an Early Day Motion calling for the introduction of Eve’s Law - EDM 900.
  • R v A [2012] EWCA Crim 434
    Also known as Sarah’s Case: Before Lord Chief Justice of England and Wales. Perverting the course of Justice - victim prosecuted for withdrawing allegation of rape. European Convention on Human Rights ('ECHR') Article 3 - Appellant (case currently under further appeal to the European Court of Human Rights).
  • Production Orders
    David has advised a number of police services on obtaining Production Orders from television/media companies and freelance journalists. ECHR Article 10.
  • R v B and others (2012)
    Allegation of aggravated trespass at Fortnum and Mason by protestors and members of UK Uncut. ECHR Articles 10 and 11 - prosecution.
  • R v K (2010)
    Attempted murder with firearms, hearsay evidence and ECHR Article 6, Central Criminal Court - defence.
  • R v M (2010)
    Rape, bad character (previous convictions for serial rape) and ECHR Article 6 - defence.
  • R v D (2010)
    Perverting the course of justice. Victim of domestic violence prosecuted for withdrawing allegations of assault. ECHR Article 3 - defence.

 

Fraud and Corporate Crime

David is a highly 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 junior in this area as is recognised by his involvement in some of the most high profile cases and his appointment by the CPS to the Specialist Advocate Panel for Fraud cases.

Any client charged with such fraud and corporate crime offences should check with care the expertise and experience of the advocate defending them.
  • R v H (2013)
    High profile money laundering proceeds of insurance fraud - defence.
  • R v M (2013)
    Million pound tax/VAT/PAYE fraud - defence.
  • R v B (2012)
    Banking fraud, represented cashier - defence.
  • R v O (2011)
    Advanced fee fraud and money laundering - defence.
  • R v B (2010)
    VHCC £40 million VAT MTIC fraud - defence.
  • R v CH (2010)
    Very high media profile Vivienne Westwood and Banksy art fraud - defence.
  • R v G (2009)
    VHCC major wine fraud - defence.
  • R v S (2009)
    VHCC money laundering linked to major drugs conspiracy - defence.
  • R v M (2009)
    Serious and complex charity fraud by the so-called ‘King of Con’ - defence.
  • R v M (2009)
    Serious and complex £54 million money laundering - defence.
  • R v A (2008)
    Serious and complex credit card/eBay fraud - defence.
  • R v A (2007)
    Serious and complex £1 million mortgage and benefit fraud - defence.
  • R v B (2005)
    VHCC £5 million money laundering - defence.
  • R v R (2005)
    Serious and complex £100,000 business fraud - defence.
  • R v K (2004)
    VHCC £40 million VAT MTIC fraud - defence.

 

Proceeds of Crime (POCA)

David is an acknowledged expert in confiscation and forfeiture proceedings.

He has been involved in confiscation proccedings ranging from thousands to tens of millions of pounds.

 

Homicide

David has appeared as junior defence counsel in a number of high profile murder and manslaughter cases in both the Crown Court and the Court of Appeal. He has successfully appeared as leading defence counsel against Treasury Counsel in an attempted murder at the Central Criminal Court (Old Bailey).

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

In addition to homicide offences David has appeared in a large number of serious s18 and s20 grievous bodily harm and wounding assault cases involving all manner of weapons and defences.
  • R v M (2013)
    Gross-negligence manslaughter and health and safety in the road haulage industry - defence.
  • R v H (2011)
    Murder and attempted murder with firearm, Central Criminal Court - defence.
  • R v K (2010)
    Attempted murder with firearms, hearsay evidence and ECHR Article 6, Central Criminal Court - defence.
  • R v C (2010)
    Sensitive and high profile death by careless driving - defence.
  • R v R (2009)
    Murder by strangulation, jury irregularity, Crown Court, Court of Appeal and CCRC - defence.
  • R v L (2006)
    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) and 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 O [2013] EWCA Crim 126
    Violent disorder and the “Brown Direction” - Respondent.
  • R v A and others (2012)
    Large scale violent disorder in Young Offenders Institution - prosecution.
  • R v H and other cases (2012)
    David was instructed to lead the prosecution team in trials relating to mass disorder at the student demonstrations in 2010 (Operation Malone) and on the date of the TUC march in 2011 (Operation Brontide).
  • R v P (2010)
    High profile anti-police violent disorder - defence.
  • R v P [2004] EWCA Crim 2757
    Leading ASBO case, Court of Appeal - 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 N (2013)
    Operation Trident gang land violence and shooting - prosecution.
  • R v M (2013)
    Violent street robbery of old aged pensioner, Court of Appeal - Respondent.
  • R v B (2013)
    Large scale conspiracy to burgle - defence.
  • R v W (2013)
    Major possession with intent to supply and possession of firearm - defence.
  • R v K (2012)
    Human trafficking, control of prostitution and money laundering - defence.
  • R v T (2012)
    Major conspiracy to supply drugs - defence.
  • R v W (2012)
    Major conspiracy to cultivate cannabis (representing a senior individual within the criminal organisation) - defence.
  • R v P (2011)
    Cash-in-transit robbery, ‘Flying Squad’ case - defence.
  • R v O (2011)
    Importation of Class A drugs – defence.
  • R v B (2010)
    Grave multiple allegations of child cruelty - defence.
  • R v A (2009)
    Major conspiracy to import drugs, ‘Queens Evidence’ - defence.
  • R v R (2008)
    Major conspiracy to supply drugs - defence.
  • R v Rack (2006)
    High media profile assault in nursery, “Super-Nanny Case” - defence.

 

Sexual Offences

David is a highly regarded specialist in both defending and prosecuting rape and other serious sexual offences.

He is a leading authority in this area as is amply demonstrated by his involvement in some of the most 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 H (2013)
    High profile serial rape and sexual assault, multiple complainants and cross-admissibility of complaints - defence.
  • R v J (2013)
    Serial rape and cross-admissibility of complaints - defence.
  • R v L (2013)
    Rape of prostitute by client with mental health issues, disputed DNA evidence - defence.
  • R v R (2013)
    Rape and kidnapping of former partner – defence.
  • R v T (2012)
    Rape and sexual activity with a person with a mental disorder - defence.
  • R v Anigbugu (2011)
    Rape, sentence ('safe-haven' sentencing guidelines by Lord Chief Justice), identification, DNA transference and cell-site evidence, Crown Court trial, Attorney Generals Reference and Court of Appeal - prosecution
  • R v F (2011)
    Rape of 13 year old girl by 16 year old boy - defence.
  • R v H (2011)
    Historical rape of daughter by biological father - prosecution.
  • R v A and others (2011)
    Gang rape - defence.
  • R v R : [2011] All ER (D) 182 (Mar); [2011] EWCA Crim 579
    Rape, appeal against conviction, Court of Appeal - Appellant.
  • R v B (2010)
    Rape, multiple child victims over 40 year period - prosecution.
  • R v F (2010)
    Serious sexual assault on 8 year old step-daughter - prosecution.
  • R v D (2010)
    Rape, marital rape and cultural, religious issues - prosecution.
  • R v B (2010)
    Serious sexual offences involving juveniles - prosecution.
  • R v H (2010)
    Serious sexual assault on child - prosecution.
  • R v G (2008)
    Attempted rape - prosecution.
  • R v M (2007)
    Rape, victim had profound learning difficulties, Central Criminal Court - defence.
  • R v A (2007)
    Rape - defence.
  • R v M (2007)
    Rape of juvenile - prosecution.
  • R v P (2005)
    Serious sexual assault on child - prosecution.
  • R v B [2003] EWCA Crim 696
    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 (2013)
    Gross-negligence manslaughter and health and safety in the road haulage industry - defence.
  • R v C (2010)
    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 regularly 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.

 

Direct Public Access (Direct Access) Work

David is registered on the Bar Council’s Direct Public Access (Direct Access) Directory and accepts instructions from the general public, businesses and other organisations (also solicitors), in the following areas of law:

Criminal (including fraud and confiscation/forfeiture proceedings), human rights, civil liberties, police (including police actions and disciplinary hearings), courts martial, prison, mental health, animal rights, administrative, public international, parliamentary, local government (he is a former local councillor), family, sports, professional negligence, professional discipline (e.g. teaching disciplinary tribunals), health and safety, environmental (he has been instructed by the Environment Agency), licensing (he is a former member of a local authority Licensing Committee), regulatory and inquest and public inquiries.
  • R v A
    David is currently advising an Appellant on their Appeal to the Criminal Cases Review Commission ('CCRC').

 

Pro Bono Work

David, in his capacity as a senior lawyer, has been appointed as a Reviewer for the Bar pro bono Unit. He also undertakes pro bono work via Chambers. In the interests of justice David advises and provides representation on appropriate appeals on a pro bono (free) basis, such as renewed appeals to the Court of Appeal, applications to the Criminal Cases CCRC and prison law matters.
David is a leading barrister who acts in the most grave, complex and challenging of cases, in particular cases involving human rights challenges. His practice extends to the length and breadth of England and Wales and he will advise and represent clients based both in Europe and internationally.

He deals with very high profile cases and stressed clients in the full glare of the media spotlight. David is prepared to accept instructions via Direct Public Access (Direct Access) in this area, in particular from professionals charged with disciplinary offences.

Health & Safety

David has a background training and experience as a scientist. This expertise stands him in good stead when dealing with health and safety matters. He has particular expertise in transport legislation and regulations which originally evolved from his criminal practice in similar areas.
  • R v M (2013)
    David was instructed as junior 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 some 4 months. David was instructed by leading regulatory solicitors, in particular in the field of transport, Woodfines LLP.

 

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 a wide range of enviromental, licensing, betting and gaming matters 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. 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.

 

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 training, expertise and experience in police disciplinary matters and in police law and procedure. David also advises and represents teachers and nurses/midwives before their respective disciplinary tribunals.
  • R v A (2013)
    Advising and Representing a teacher accused of sexual abuse of a pupil before the disciplinary tribunal.
  • R v B (2013)
    Advising a nurse on appeal 'struck off' the nursing register for dishonest conduct.
David is a leading barrister who acts in the most grave, complex and challenging of cases, in particular cases involving human rights challenges. His practice extends to the length and breadth of England and Wales and he will advise and represent clients based both in Europe and internationally. He deals with very high profile cases and stressed clients in the full glare of the media spotlight. David is prepared to accept instructions via Direct Public Access (Direct Access) in this area of work.

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.

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.

 

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 (free) basis, such as renewed appeals to the Court of Appeal, applications to the Criminal Cases Review Commission (‘CCRC’) 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