Richard Atkins

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					Richard Atkins


rpatkins@st-philips.com

Call: 1989
Education: King Henry VIII School Coventry. Oxford University BA (Hons) - con-
verted to MA

Judicial Appointments: Recorder of the Crown Court

Areas of Expertise                                                   Memberships
•     Crime                                                          •      Proceeds Of Crime Lawyers Association
•     Regulatory                                                     •      Criminal Bar Association
                                                                     •      Midland Circuit



Introduction

Richard specialises in serious crime and quasi-criminal matters, having what he describes as an "F-word" practice: Fa-
tality, Filth and Fraud. He also deals with cases of serious violence and drugs, as well as regulatory offences such as
Health and Safety matters, DTI cases and Licensing. He defends and prosecutes in around equal measure and is a CPS
Grade 4 advocate. He is led regularly in cases of murder and manslaughter and has also dealt with manslaughter (both
gross negligence and unlawful act) and attempted murder cases alone.

He recently led another Junior Barrister in a three month drugs importation case.

Richard deals with all manner of sexual offences ,predominantly rape and those against children, particularly historic
offences, and has lectured on the Sexual Offences Act 2003. He also deals with offences of fraudulent trading and
conspiracy to defraud.
Organised Crime

Organised crime is now to be found in many guises, whether it be the gun-toting drug dealing gangs that are now
prevalent in many British cities, organised drugs importations, or economic crimes. Richard has dealt with all of
these types of cases.

In the last three years he has been Junior Counsel in a series of high-profile cases prosecuting the drug dealing gun
gangs in and around Birmingham and the West Midlands. 10 gang members are now serving life sentences for drug
related killings as a result of these cases.

During the past year Richard defended a three month drug importation case prosecuted by the Serious Organised
Crime Agency, in which he led another Junior Barrister. The allegation was that an organised gang was importing
millions of pounds of cannabis from Holland into the UK. The case involved intercept and telecommunications evi-
dence, and he cross-examined a telephone expert for two days.

In the last two years he has successfully prosecuted a series of cases dealing with a sophisticated international
boiler-room fraud. Investors were duped into investing in non-existent worthless shares, and then targeted again to
invest in further related shares. The case was international having links to America and Singapore. Over £680,000
was taken from the victims who were traced by the Police, although it was believed that many of those who had
been duped had not come forward. A confiscation order was made against one of the Defendants in the sum of
£167,000.


Business and financial Crime
In 2006 Richard successfully prosecuted a $5million international credit insurance fraud perpetrated on the makers
of the Sendo mobile telephones, which led to Sendo ceasing to trade.

In the last 2 years he has successfully prosecuted a series of cases dealing three men involved with a sophisticated
international boiler-room fraud. Investors were duped into investing in non-existent worthless shares, and then tar-
geted again to invest in further related shares.

The case had links to America and Singapore. Over £680,000 was taken from the investors who were traced by the
Police, although it was believed that many of those who had been duped had not come forward. A confiscation or-
der was made against one of the Defendants in the sum of £167,000.
In April 2007 he was led for the defence of a man charged with defrauding the company he had been working for
over many years.

The trial lasted for three months, and required careful analysis of many accountancy documents.
He has in the past prosecuted business and financial crime for the DTI and have both prosecuted and defended of-
fences of fraudulent trading, and cases arising out of insolvency and bankruptcy.




                                                                                        St Philips Chambers
                                                                                        55 Temple Row Birmingham B2 5LS
                                                                                        Tel: 0121 246 7000 Fax: 0121 246 7001
                                                                                        www.st-philips.com
Serious Sexual Offences

Richard has lectured to both defence Solicitors and the CPS on the Sexual Offences Act 2003 and subsequent cases
and developments.

He deals with all types of sexual offences from rape to sexual assault, voyeurism and downloading of indedent im-
ages, both prosecuting and defending. Many of the cases involve child witnesses or people with mental health
problems. He also specialises in cases of historic sexual abuse.

Richard has recently represented a man with mental health problems who was acquitted at trial of the sexual abuse
of a 15 year old boy who was allegedly attacked at knife point in the street. He also recently successfully defended a
man charged with the sexual abuse of his step daughter some 10 years ago, and the sexual abuse of the daughter of
the woman he was now in a relationship with. Both offences were tried at the same time, and the Jury acquitted of
all charges.


Restraint and Confiscation
Many cases now involve confiscation hearings. It is important to remain on top of legal developments as the law is
constantly being amended. The recent decisions from the House of Lords in the cases of May, Green and Jennings
have substantially altered the way in which these cases are now approached. The case of Morgan, heard in the
Court of Appeal, has however opened the way to mount an abuse of process argument in cases where the Prosecu-
tion has appeared to have acted unfairly or to have proceeded without apparently having given any thought to
whether there is actually any reason the make the application. Careful analysis of any Prosecution application when
defending often leads to a considerable reduction in the amount subsequently ordered to be confiscated, if not
completely defeated. Conversely careful analysis and preparation of a case when prosecuting can lead to very large
amounts being successfully confiscated.

Currently Richard is engaged in defending an application where the claim is for in excess of £60 million. He has also
recently prosecuted a case where the amount lost was over £600,000 and a confiscation order was made against
one of the Defendants for £167,000.



Gross Negligence Manslaughter

Richard sees this as likely to be an area that sees a large expansion in the number of prosecutions being brought in
the future. He has successfully prosecuted a man, on his own without a leader who was convicted of the gross negli-
gence manslaughter of another man.




                                                                                        St Philips Chambers
                                                                                        55 Temple Row Birmingham B2 5LS
                                                                                        Tel: 0121 246 7000 Fax: 0121 246 7001
                                                                                        www.st-philips.com
Health and Safety
Richard has prosecuted and defended Health and Safety cases involving both death and serious injury. One case in-
volved a fatal accident at work when a man was crushed to death by falling scaffolding, another involved the serious
injury of a worker who fell from scaffolding.

Aside from cases involving such serious injuries, he has dealt with many cases involving less serious accidents, dan-
gerous machinery, unsafe practices of work and failing to comply with improvement notices.



Alcohol and Entertainment Licensing
In recent years this has occupied a more modest are of Richard's practice. In the past however he appeared in many
licensing cases before the Licensing Justices and on appeal to the Crown Court both for the applicants and also for
the Licensing Justices in many appeals. He has also appeared before local Councils in applications for entertain-
ments licences, and have represented licensees when the Police have sought revocation of their licences.
In 2004 Richard formed part of a team of four St Philips Counsel who presented a seminar to Licensing Solicitors on
the effects of the new 2003 Licensing Act.


Police work
Richard has represented the Police in a number of matters, including addressing Judges on the necessity to have
special measures in place for Juries in cases where it was feared that an attempt may be made to "nobble" juries,
and in respect of appeals from police decisions to close properties used for drug dealing.


Cases
2006
R v A. Prosecution of a $5 million credit insurance fraud perpetrated on a mobile telephone production company.

R v He. Prosecution of a Police Inspector for Misfeasance in a Public Office. The defendant had issued false notices
of prosecution and fixed penalty notices on a man he suspected of having an affair with his wife.

R v L. Prosecuting Junior Counsel in a case of murder. The Defendant had shot a man in a nightclub.

R v J. Defence of a man charged with rape. Acquitted at trial.

R v D. Defence Junior Counsel in a murder. Drugs related shooting.

R v H. Defence of a man charged with the rape of his daughter. Acquitted at trial.




                                                                                        St Philips Chambers
                                                                                        55 Temple Row Birmingham B2 5LS
                                                                                        Tel: 0121 246 7000 Fax: 0121 246 7001
                                                                                        www.st-philips.com
Cases

2007

R v S. Successful appeal against sentence in the Court of Appeal in relation to the making of a compensation order.

R v J and M. Prosecution of 2 men for male rape.

R v Pa. Defence Junior Counsel in a murder. The victim was the Defendant's estranged partner.

R v Ra. Defence Junior Counsel in a 3 month trial of a man charged with defrauding the company he worked for.

R v H. Successful appeal in the Court of Appeal against sentence imposed upon a man who had abused and raped a
young girl when he was 15, some 20 years before.

R V Ha. Prosecution of the trial of a man for attempted murder.

2008

R v Mc. Leading Junior for the defence of a man charged with drugs importation offences. The trial lasted for three
months.

R V Pe. Junior Counsel for the defence in a murder. The allegation was that the defendant murdered a friend who
rejected his homosexual advances.

R v C. Prosecution of a £680,000 international boiler room fraud.

R v O, W, & P. Prosecution Junior Counsel in a murder. The victim had been abducted and murdered some years be-
fore, with his body only having been recently discovered.

R v Pa. Defence Counsel in a large conspiracy to burgle.

R v Mo. Defence Counsel in a historic child sex abuse case. two unlinked complainants, making independent com-
plaints some ten years apart. Acquitted at trial.

R v Pr. Prosecuting Counsel in a rape.

R v Ha. Defence Counsel in a sexual assault trial. The Defendant had mental health problems and learning difficul-
ties. Acquitted at trial.

R v Ta. Defence Counsel for a man charged with historic allegations of sexual abuse against his nieces. He had previ-
ously been convicted of the sexual abuse of his step-daughters, a fact that was used in evidence against him at trial.




                                                                                        St Philips Chambers
                                                                                        55 Temple Row Birmingham B2 5LS
                                                                                        Tel: 0121 246 7000 Fax: 0121 246 7001
                                                                                        www.st-philips.com
Interests
Richard is the Midland Circuit Junior Representative on the Bar Council, and has served on the Public Affairs Com-
mittee, the Remuneration Committee and is the Vice-Chairman of the Bar Member Services Board.

He helped to launch the Bar Speakers for Schools project and regularly give talks to schools in and around the Mid-
lands about life at the Bar.

As a Midland Circuit Advocacy trainer, he spends two weekends each year training the pupils and new practitioners
about advocacy.

Richard is Vice Chairman of the Governors of the Coventry Schools Foundation, which comprises of King Henry VIII
School, King Henry VIII Preparatory School, Cheshunt School, Bablake Senior and Junior Schools.
President of the Old Coventrians Association.

He is a member of the Coventry School of Music Old Boys Association, and plays in the Old Boys Marching Band,
which performs several times per year at fund raising and charitable events.
In any remaining time, Richard spends it with his family, and to drink the occasional bottle of red wine with good
friends!



Practice Manager Details:

James Turner
T: 0121 246 2052
F: 0121 246 7001
E: jturner@st-philips.com




                                                                                       St Philips Chambers
                                                                                       55 Temple Row Birmingham B2 5LS
                                                                                       Tel: 0121 246 7000 Fax: 0121 246 7001
                                                                                       www.st-philips.com