Profile

Mark is a very experienced leading junior. His
expertise covers three main areas: regulatory work, serious fraud and general
criminal work. He is head of Pump Court Chambers' Regulatory and Disciplinary
Team. His regulatory work includes appearing before major regulators as case
presenter, representing registrants or as a legal adviser. He is able to
accept direct access work. He is regularly instructed in heavy weight criminal
defence work and is also regularly instructed by the CPS as a grade 4 panel
advocate for general crime. As Deputy Chancellor of the Diocese of Winchester,
he deals with matters involving ecclesiastical law. He is a Legal Adviser to the General Pharmaceutical Council, the Nursing and Midwifery Council and
the Association of Chartered Certified Accountants (ACCA).

Recent cases include:



November 2014:      
 Regulatory: AU v CQC: Represented AU, a registered Care Home provider, at
the Care Standards Tribunal, in his appeal against the decision to cancel his
registration by the Care Quality Commission.

November 2014:        Fraud: R.
v. FA and Others: (Defence): FA charged with others as part of a courier fraud,
posing as Police and persuading victims to empty their bank accounts and
obtaining over £10 million.

October 2014:          
  Regulatory: R. v. MM (Defence): Represented a man at trial accused by
trading standards of being a rogue trader - Bournemouth Crown Courthttp://www.bournemouthecho.co.uk/news/11556208.Guilty__rogue_trader_who_...

September 2014:        Crime:
R. v. Sztokmanska (Prosecution): Prosecuted a care worker who ill-treated
residents in a care home who lacked capacity - Salisbury Crown Court. http://www.salisburyjournal.co.uk/news/11490091.Court_hears_carer_ill_tr...

July 2014:          
  Crime: R. v. Martin & Brimecome (Prosecution): Court of Appeal
upholds convictions following decision by Crown (MR) to indict with 'being
concerned in the supply of a controlled drug.' The judgement was given by The
Lord Chief Justice, The Right Honourable The Lord Thomas of Cymgiedd on the
meaning of the word supply. Regina v Martin (Dwain) and Another [2014] WLR (D)
341http://cases.iclr.co.uk/nxt/gateway.dll/WLR%20Dailies/WLRD%202011/wlrd20...

July 2014:          
  Crime: R. v. C. (Defence): Defended man convicted of posing as a private
hire driver who raped passenger - Central Criminal Court http://www.dailymail.co.uk/news/article-2687595/Unlicensed-taxi-driver-d...

July 2014:          
  Regulatory: Successfully persuaded a Traffic Commissioner to release an
impounded HGV to its owner who was a Hampshire based finance company - Bristol

May-June 2014    Crime: R. v. C. &
Others (Prosecution): Prosecuted 5 Defendants in a 6 week trial charged with
conspiracy to steal and conspiracy to burgle - Harrow Crown Court

May 2014            
Crime: R. v. H. (Defence): Successfully defended a prominent Liberal Democrat
Councillor accused of a series of rapes and sexual assaults - Bournemouth Crown
Courthttp://www.bbc.co.uk/news/uk-england-dorset-27259798 http://www.dorsete...

January 2014      Crime: R. v. W.
(Prosecution): Successfully prosecuted an Operation Fortress case where
Defendant had an AK47 look-alike weapon with live rounds - Bournemouth Crown
Court http://www.bournemouthecho.co.uk/news/10946299.JAILED__Drug_dealer_who_k...

October 2013      Environment Agency
v W. (Defence): Represented farmer resisting a substantial confiscation order
for disposing of controlled waste without a permit - Salisbury Crown
Court  

Expertise

REGULATORY AND DISCIPLINARY

Mark has a wide range of experience in regulatory and disciplinary
cases. He is head of Pump Court Chambers Regulatory and Disciplinary Team.

Mark is regularly instructed to present cases on behalf of the Nursing
and Midwifery Council.

Mark has special expertise in relation to Care Homes having appeared
before the Care Standards Tribunal appealing a decision by the Care Quality
Commission to cancel a care home provider's registration, having presented
cases against nurses for misconduct in relation to residents in care homes and
having prosecuted a care home worker in the Crown Court for ill-treating
residents who lacked capacity.

Mark is a Legal Adviser to the General Pharmaceutical Council and the
Association of Chartered Certified Accountants (ACCA). 

Mark has represented Solicitors appealing decisions of the Solicitors
Disciplinary Tribunal.

Mark has represented hauliers and companies in hearings held by Traffic
Commissioners. He has represented those appealing against the revocation of
Private Hire Licences as well as clients charged with Road Traffic Offences.

Mark gives seminars to Local Authorities on both law and procedure. He
is instructed by Local Authorities to prosecute and he defends in prosecutions
brought against companies and individuals by local authorities in the civil and
criminal courts. These include cases involving breaches of planning conditions,
enforcement of developer contributions under the Highways Act, breaches of the
Consumer Credit Act 1974, matters concerning Environmental Health, Public
Nuisance and Trading Standards' appeals in the Magistrates’ and Crown Courts.
He was defence counsel originally instructed in Dorset County Council v.
Lapland New Forest. 

Mark has represented those charged with offences brought by the
Environment Agency, including the unlawful disposal of controlled waste.

Mark is able to advise and represent Police Officers subject to UPP's
and matters relating to their conduct and performance.

Mark has dealt with Parole Board hearings and attended Coroners’ Courts
on behalf of the deceased’s family. He has a knowledge of Health and Safety
procedure.

Mark has also been instructed in numerous cases of money laundering, tax
evasion and confiscation (including proceedings in the civil jurisdiction and
criminal jurisdictions for confiscation). He has also advised companies on
bribery and corruption allegations.

Mark has been an elected member of a local authority for over 16 years
and has a great deal of experience of working with elected members and
officers. He is currently a member of his local authority’s licensing committee
and has in the past served as Chairman of a local authority’s internal
disciplinary appeals committee.

·        Regulatory 2014: AU v CQC: Represented a care home
provider who appealed the decision of the Care Quality Commission to cancel his
registration.

·        Regulatory 2014: R v MM: Represented a man accused
by trading standards of being a rogue traderhttp://www.bournemouthecho.co.uk/news/11556208.Guilty__rogue_trader_who_...

·        Regulatory: 2013: Defence: Environment Agency
prosecution of a farmer who had failed to obtain waste permits and pay landfill
tax - Salisbury Crown Court http://www.gazetteandherald.co.uk/news/towns/marlboroughheadlines/10765275.Aldbourne_farmer_tells_of_relief_at___6m_reprieve/

·        Regulatory: 2013: Defence: Advised scrap metal
dealer on Scrap Metal Dealers Act 2013.

·        Regulatory 2012: Defence: Planning enforcement
trial - Winchester Crown Court

·        Regulatory: 2012: Breach of Consumer Credit Act
case brought by Birmingham City Council on behalf of another authority:
(Defence) advised Defendant that there was no case to answer and prosecution
offered no evidence

·        Regulatory: Dorset County Council v. M. &
Another: 2010: Defence: Instructed (prior to trial) to defend Director of
Lapland New Forest who was prosecuted by Trading Standards – Bristol

CRIMINAL

Serious
fraud: Mark has been instructed in many cases of fraud that have
included, a nationwide betting fraud; international advanced fee fraud; a
nationwide home-working fraud; an insolvent tour operator fraud; an
international plant machinery fraud; a nationwide credit card (identity theft)
fraud (a fraud by claiming to be the beneficiary of a deceased’s estate),
postal and charity frauds; and numerous frauds by company (including bank)
employees.

·        Fraud: 2014: R. v. P. & Another: (Defence) P.
charged with setting up a rival company whilst still working for another
company. P attracted new clients to his rival company and then sold stock
supplied by the original company to them. P. was accused of acting to the
detriment of the original company against company policy. P. successfully
claimed that all that he did was authorised by a director of the original
company - Portsmouth Crown Court.

·        Fraud: 2014: R v A & Others: (Defence) A
charged with conspiracy to defraud. A was part of a gang posing as police
officers and bank officials who claimed that credit cards had been compromised
and offered to protect money in victims' accounts - Blackfriars Crown Court.

·        Fraud: 2012: R. v. B. & Others: (Defence)
Postal fraud trial involving a fraud on downstream posting of direct mailing
for charities- Salisbury Crown Court http://www.swindonadvertiser.co.uk/news/10096815.Multi_million_pound_charity_rip_off_gang_in_Swindon_jailed/

·        Fraud 2012: R. v. W.: (Defence) W worked in the
Post Office attached to a newsagent and stole money over time but covered her
tracks by trying to balance the books to make it look as though losses were
accounting errors - Swindon Crown Court http://www.gazetteandherald.co.uk/news/9620958.Anger_over_till_theft_judgment/

·        Fraud 2012: R. v. R.: (Defence) R worked as a civil
servant attached to the MOD. He was accused of fiddling his expenses over many
years and falsely claiming in excess of £40,000. Following analysis of receipts
and written submissions to the effect that there was no loss, the Crown offered
no evidence on the day of trial - Bristol Crown Court.

·        Fraud 2011: R. v. H.: (Prosecution) H obtained a
declaration that her brother was intestate (when there was a valid will that
named his partner) and she went about securing all of his assets. She was
caught when the Police were alerted to a valuable stamp collection being
auctioned off.

·        Fraud 2010: R. v G.: (Defence) G worked as a
gardener in his 60's. One of his clients was an elderly lady who he helped with
the shopping. He persuaded her that he was carrying out for work for her and succeeded
in obtaining over £16,000 from her for work that he had not done - Swindon
Crown Court http://www.melkshampeople.co.uk/groups/gardening/Melksham-Gardener-Pleads-Guilty-Fraud/story-7019509-detail/story.html

·        Fraud 2008: R.v. S.: (Prosecution) S worked in a
bank and stole £18,000 over a year but covered up the thefts by making false
entries from cross-firing of deposits in the accounts. She denied the
allegations and the case went to trial.

·        Fraud: 2003: R. v. PC: (Defence) A complicated
betting syndicate fraud – Canterbury Crown Courthttp://www.thefreelibrary.com/Peter+Charles+%2F+Kent+Fraud+Squad%3A+Bett...

·        Fraud: 2000: R. v. P. & Others: (Defence) a
nationwide home working fraud involving advance fees paid on starter kits which
were all rejected - Stafford Crown Court

Cybercrime:
Mark was instructed (defence) in one of the rare prosecutions of a member of
the illusive group named Anonymous who were responsible for attacking websites
around the world. He gained immeasurable experience in understanding how
computer crime is committed, how it is detected and in how to present a defence
using such highly technical evidence to a Jury.

·        November 2012 R. v. W. (Defence trial): W was
accused of being a member of Anonymous and organising DDOS attacks on Ministry
of Sound, Barclaycard and PayPal - Southwark Crown Courtwww.dailymail.co.uk/news/article-2236990/cyber-gang-accused-hacking-webs...

General
criminal work: Mark is regularly instructed in complex and serious matters
and cases involving organised crime.  Mark has been instructed in cases of
murder, rape and other sexual offences, armed robbery, aggravated burglary,
arson with intent, assault and public disorder and death by dangerous driving.
He is also expert in cases of drugs and excise evasion, including the
importation, cultivation, supply and dealing with the proceeds of such
crimes. He is also regularly instructed by the CPS and is a grade 4 panel
advocate for general crime on the Western, South Eastern - London and South
Eastern - Non London Circuits.

·        Criminal: R. v. M & Others: 2013: Prosecution
trial: Prosecuted 9 Defendants in an 8 week drugs conspiracy - Winchester Crown
Court http://www.gethampshire.co.uk/news/local-news/prison-professional-alders...

·        Criminal: R. v. B & Others: 2013: Defence
trial: B, a serving prisoner, accused of masterminding smuggling into a prison
- Southwark Crown Court (acquitted)

·        Criminal: R. v. I & Another: 2013: Defence
trial: I accused of kidnap and gang rape - Winchester Crown Courthttp://www.salisburyjournal.co.uk/news10383602.Romanian_brothers_found_n...

·        Criminal: R. v. W.: 2013: Defence trial: W accused
of sexually assaulting his granddaughter - Bournemouth Crown Court (acquitted)

·        Criminal: R. v. R. : 2013: Defence trial: R, a taxi
driver, accused of attempted rape of female passenger - Guildford Crown Court
(acquitted)

·        Criminal:  R. v. C.: 2013: Defence trial: C
accused of child cruelty by inflicting burns to step-child - Bournemouth Crown
Court www.bournemouthecho.co.uk/news10209151.Trial_collapses_after_child_admit...

·        Criminal: R. v. H.: 2013:  Defence trial: H, a
taxi driver, accused of abducting and sexually assaulting a female passenger -
Swindon Crown Court  www.swindonadvertiser.co.uk/news/10170010.Cabbie_cleared_over_sex_charges/

·        Criminal:  R. v. C. & Others: 2012:
Defence: murder trial - Winchester Crown Court

·        Criminal: R. v. L. & Others: 2012: Defence: 9
week cannabis cultivation trial - Leicester Crown Court

·        Criminal: R. v. B.: 2011: death by dangerous
driving trial (Prosecution) - Salisbury

·        Criminal: R. v. N.: 2011: Arson with intent trial
(Defence) - Bournemouth

·        Criminal: R. v. C.: 2011: s18 GBH trial: Defence: D
punched a man to the ground and stamped on face breaking jaw and eye socket -
Leicester

·        Criminal: R. v. C. & Another: 2011: Defence: D
involved in a series of aggravated burglaries, tying up elderly women in their
homes and stealing from them – Central Criminal Court.

·        Criminal: R. v. B. & Others: 2010: Defence:
Cannabis conspiracy prosecuted by SOCA involving distribution of 4 tons of
cannabis - Blackfriars. http://www.soca.gov.uk/news/158-cannabis-worth-p115million-seized-in-eas...

·        Criminal: R. v. P. & Others: 2010: Defence:
Gang involved in smash and grab high class jewellery robbery (DNA testing) –
Southwark. http://www.bbc.co.uk/news/uk-england-london-10697070

·        Criminal: R. v. M. & Others: 2009: Defence:
Gang involved in smash and grab high class jewellery robberies - Southwark.

·        Criminal: R. v. V. & Others: 2008: Defence:
Gangland drugs murder trial lasting 4 months (Hearsay, ID, Joint Enterprise,
Bad Character) - Cardiff.http://news.bbc.co.uk/1/hi/wales/southeast/7497769.stm

·        Criminal: R. v B.: 2007: Defence: Murder by husband
of wife – Bristol.

·        Criminal: R. v. C. & Others: 2007: Defence: 9
week trial of a racially motivated violent disorder - Harrow.

·        Criminal: R v. S, Burt & Others [2005] EWCA
Crim 3616, [2006] CLR 459, Archbold News 06.03.06 (for Burt): persuaded Court
of Appeal that extended sentences for dangerous offenders began when the
existing licence period had been completed.

·        Criminal: R. v. A. & Others: 2005 (Defence: 8
week trial of Hindu priests charged with wounding a worshipper (Defendant
successfully claimed duress) - Harrow.

·        Criminal: R. v. F.: 2004: Prosecution: two lengthy
trials for Armed Robbery and False Imprisonment (facial mapping, disclosure,
delay, loss of evidence) - Winchester.

·        Criminal: R. v. C.: 2004: Defence: Attempted
Murder, son trying to stab parents in bed - Winchester.

·        Criminal: R. v. Maloney: 2003: Defence: Burglar
sentenced for 589 distraction burglaries – Harrow

·        Criminal: R. v. Ciantar: 2003: Defence: Murder by
stranger (partial ID, ID by facial mapping and podiatry) - Central Criminal
Court [2005] EWCA Crim 3559, Archbold news 07.06.06

·        Criminal: R. v. Parfeni: 2002: Defence:
Manslaughter by administering drugs - Central Criminal Court. Sentence appealed
successfully [2003] EWCA Crim 159.

·        Criminal: R. v. Thakrar [2001] EWCA Crim 1096:
Appeal against conviction: Court heard fresh evidence over several days as to
why appellant did not have a fair trial.

 

COURTS MARTIAL

He has defended in the United Kingdom and abroad in Courts
Martial.  In Prison law he has been instructed in Parole Board hearings
and matters concerning prison discipline. He has attended inquests as the
representative of a deceased’s family.

·        Fraud: R. v. Soldier F & Others: 2008: Defence:
A complicated fraud involving sensitive evidence that led to a successful media
challenge to reveal details of the potential evidence preventing the
prosecution from continuing - Bulford.

ECCLESIASTICAL / RELIGION

As Deputy
Chancellor, Mark has dealt with many applications for faculty permission
relating to church buildings and has sat in a Consistory Court.

Mark is able
to accept instructions to represent applicants and objectors at consistory
courts outside of the Diocese of Winchester.

INQUIRIES

 

Mark is able
to bring together his experience of working in Local Government for over 16
years as well as his judicial experience as Deputy Chancellor of the Diocese of
Winchester.

TRANSPORT LAW

Mark has
represented hauliers and finance companies in hearings held by Traffic
Commissioners. He is able to advise hauliers directly who are applying for a
licence or are facing a public inquiry arising out of concerns over conduct or
road worthiness. Mark is able to bring his extensive experience of dealing with
planning applications to assist in contested applications for operating
centres.

Mark is able
to represent approved driving instructors and trainee instructors when
appealing to the First-tier Tribunal (Transport) against decisions made by the
Registrar of Approved Driving Instructors.

Mark has
represented Hackney Carriage and Private Hire Vehicle drivers in the
Magistrates' and Crown Courts. Mark is also a member of a Licensing Authority
sitting on a licensing panel as well as determining licensing policy.

Mark has
represented numerous clients for Road Traffic Offences, from speeding cases
through to cases of death by dangerous driving. He is aware of the potentially
serious impact that such cases have upon clients and their families.

Mark is a
member of the Association of Road Transport Lawyers.

Mark is head
of the Regulatory and Disciplinary Team at Pump Court Chambers.

More
information

QUALIFICATIONS:



·        Bachelor of Divinity (B.D. Hons. Lond., A.K.C.)

·        Diploma in Law (University of Westminster) 1991

·        Called to the Bar 1992 (Middle Temple)

PROFESSIONAL
ASSOCIATIONS:



Criminal Bar
Association, Ecclesiastical Law Society, Ecclesiastical Judges’ Association,
Western Circuit, Member of Association of Regulatory and Disciplinary Lawyers,
Member of Association of Road Haulage Lawyers

OUTSIDE
INTERESTS:



·        Mark is an FA level 1 football coach and team
manager, as well as being a Churchwarden and Borough Councillor.

·        Member of a Licensing Authority’s Licensing
Committee.

·        Member of Local authority crime and disorder panel
from 2002-5.

·        Advisor to the Shadow Parliamentary Front Bench on
Home Affairs from 1999-2001 (Mode of Trial Bill and Private Security Industry
Bill).

·        Member of Local authority internal employment
tribunal chairman from 1993-4.

PUBLICATIONS:



·        Mark is a regular contributor to the Chambers
regulatory bulletin and crime bulletin.


 

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