Profile

Richard Milne, a senior junior of some 25 years call, is instructed to both prosecute and defend in the most serious criminal cases, including murder trials, complex fraud and the most serious sexual cases.

He also has an extensive disciplinary and regulatory practice that encompasses proceedings brought by the General Medical Council, the General Dental Council, the General Chiropractic Council, the General Optical Council, and also Police Disciplinary proceedings brought by the Metropolitan Police and other police forces.

Fraud & Financial Crime
Richard’s reputation ensures him a steady flow of significant cases involving money laundering and banking, tax, VAT and NHS frauds. He is regularly instructed by the major prosecuting bodies, but also undertakes a significant amount of defence work. He has particular expertise in the fields of restraint and confiscation proceedings.
Previous experience includes a 2 year secondment to what was then the Financial Services Authority (now the Financial Conduct Authority), where he prepared and presented cases on their behalf.

General Crime

Prosecution
He is a Grade 4 prosecutor and on the CPS Rape List, acting for the CPS both on the London and South-East Circuit and also on the Western Circuit. He is regularly instructed in cases as leading counsel by CPS London’s Complex Casework Unit (Special Casework and Homicide Team). He has acted for CPS RASSO Units in numerous serious sexual cases throughout London and the South-East, and has prosecuted organised crime for many years.

Defence
Richard defends at a similar level. He has been instructed to defend in murder cases, both being led and alone (extradition case), and has acted as junior counsel alone involving allegations of the most serious crime, including in particular defending in serious sexual cases.

Representative prosecution cases include

R v Kenny, Coates and Hiseman [2017]
Leading prosecution counsel in a serious and complex fraud, prosecuting two partners and an employee of firm of solicitors, this case lasting some 3 months

R v Banks and others [2016]
Leading prosecution counsel in the two trials of 14 x defendants following wide scale violence at the annual “March for England” protests in Brighton.

R v Hussain and others [2016]
Prosecution counsel in a 5 handed drugs and money laundering and perverting course of justice trial, of particular gravity as the defendants broke into a Crown Court secure room to attempt to secure confidential information that would have de-railed the trial

R v W [2016]
Prosecution counsel in the rape trial of an 11 year old boy charged with raping three children aged 6 and 7 years of age, they being his neighbours

R v Khandaker and Hassan [2015]
Leading prosecution counsel in this month long conspiracy trial involving “industrial scale” facilitation of unlawful immigration to the UK

R v Oleksic [2015]
Prosecution counsel in an attempted murder trial

R v Kerr, Boswell and Causer [2012]
Leading prosecution counsel in a serious and complex fraud, prosecuting 3 defendants, 2 of whom were represented by leading counsel, case lasting some 3 months.

R v Wood [2010]
Prosecution counsel in attempted murder trial.

R v Phillips [2010]
Prosecution counsel in attempted murder trial.

R v S [2010]
Prosecution counsel of a grandfather who raped and sexually abused 6 of his grandchildren over a 22 year period.
R v Lynch and Sylvestre [2009]
Leading prosecution counsel in a trial alleging the rape and then acid attack on the victim Katie Piper (who has since waived anonymity), she having become a well-known television celebrity through her recovery the severely disfiguring and traumatic attacks.

R v Zhukov [2007]
Prosecution counsel in the trial of the Russian Federation’s deputy Prime Minister's son charged with violence.


Representative Defence cases include

R v H [2016]
Defence counsel alone in a trial involving the assault of the defendant’s partner’s 2 year infant who was caused very serious burn injuries as part of what was said to be a revenge attack

R v V [2015]
Leading defence counsel in two separate trials totalling some 11 weeks, the complainants being 5 of defendant’s children whom he raped and/or assaulted over a number of years, they being aged from 5 years to 18 years of age

R v Raja [2015]
Defence counsel alone in trial involving the defendant, a Marriage Registrar charged with having facilitated illegal immigration to the UK

R v N [2014]
Defence counsel alone in the trial of teacher accused of serious sexual assault on a 6 /7 year old pupil over a long term period

R v Lee [2014]
Defence counsel alone in a 4 week cannabis cultivation multi-site enterprise, the defendant said to have been the overall organiser of the sophisticated operations

R v S [2013]
Defence counsel alone in a 4 x week trial involving rape and other serious sexual charges, the principal charges relating to the defendant’s wife having filmed him whilst he the defendant raped their 6 and 3 year old sons

R v K [2013]
Defence counsel alone in 3 x week trial involving rape by the defendant of his own 3 young children aged 8, 10 and 11, this occurring over a period of a number of years

R v H [2013]
Defence counsel alone in a 2 week trial involving a serious sexual assault of a handicapped housebound woman with whom the defendant had re-acquainted himself via social media, he having known her as a child

R v Kelly [2013]
Defence counsel in a month long VAT fraud involving a loss to HRMC of over £500,000 over 6 years

R v Slavova [2012]
Defence counsel in a conspiracy to money launder, trial in absentia, the defendant having absconded

R v Liddell & others [2011]
Defence counsel in a murder trial (defending with a leader), trial involving cut throat defences, the case being over 2 months in length

R v Hunt [2011]
Defence counsel alone in a trial involving the importation of over half a ton of cannabis.

R v Coppard [2011]
Defence counsel alone in this 3 week trial involving a conspiracy to steal from ATMs causing considerable damage to the machines, the thefts themselves occurring in various locations throughout the Home Counties

R v Nekrosius [2009]
Defence counsel alone in a murder extradition case

R v Pin [2008]
Defence counsel alone in an attempted murder trial, there being a finding of insanity.

R v McGinty [2008]
Defence counsel alone in a trial involving the supply of ecstasy leading to the death of a young girl.

R v Murati & Others [2008]
Defence counsel alone in a fraud/robbery trial lasting over 3 months, the Crown alleging an armed robbery of valuable computer equipment, the defence being it was a VAT fraud.


Notable Reported Cases Include:

R v Jackson [2007]
1 Cr. App. R. 28 (C.A.) - relating to the creation of strict liability and "absolute" offences.

R v Da Silva [2006]
2 Cr. App. R. 35 (C.A.) - meaning of the word "suspicion" in money laundering.

C v P [2006]
3 W.L.R. 273 (affirmed in C.A where reported as C v P [2007] 3 W.L.R. 437, not representing) - limits of self incrimination.

R v Petkar and Farquhar [2004]
1 Cr. App. R. 22- as to the adverse inferences to be drawn from silence at police interviews.



Regulatory & Disciplinary Proceedings

Richard has an extensive practice involving regulatory and disciplinary proceedings.
Police misconduct proceedings
He has been instructed since 2001 in police misconduct hearings and at the Police Appeals Tribunal, appearing on behalf of the Director of Professional Standards for both the Metropolitan Police Service and for the Thames Valley Police, and also for the Independent Police Complaints Commission at such hearings. He has acted as the legal assessor to such police misconduct panels. He has also lectured to and assisted in the training of the defending police federation representatives for Sussex Police.
Financial Services
He was seconded full time in 1998 for 2 years to the solicitors department of the Financial Services Authority (now the Financial Conduct Authority), preparing and presenting cases on their behalf in disciplinary tribunals and appeal tribunals. Since his secondment he has appeared in a number of FSA disciplinary tribunals.
Healthcare
Richard has been regularly instructed by the General Medical Council since 2008 to date to present disciplinary cases on their behalf, including Fitness to Practise hearings and Fitness to Practise review hearings.
He has also appeared on behalf of the General Dental Council and in proceedings against the General Dental Council of behalf of Registrants,
He has been instructed in Fitness to Practise proceedings brought by the General Chiropractic Council
He has also received instructions to defend in the Nursing and Midwifery Council.
Richard has acted as a Legal Assessor advising the Panel at General Optical Council disciplinary hearings.

Bar Council/Bar Standards Board
He has been instructed for many years by the Bar Council (and also by its successor the Bar Standards Board) to present cases at hearings involving disciplinary proceedings against barristers

Corporate Crime and Financial Regulatory
An established practitioner, Richard is regularly instructed in cases which are of high value and complex in nature. Known for his meticulous attention to detail he undertakes advisory and advocatory roles across the breadth of the fraud practice area. He appeared in the leading Court of Appeal case of R v Da Silva 2 Cr. App. R. 35 concerning the meaning of suspicion in money laundering offences.

REGULATORY PROFILE








Richard Milne, a senior junior of some 25 years call, has an extensive disciplinary practice that encompasses disciplinary and regulatory proceedings brought by/against the:

• General Medical Council
• General Dental Council
• General Chiropractic Council
• General Optical Council
• Nursing and Midwifery Council
• Police Disciplinary Tribunals (Metropolitan Police Authority, Thames Valley Police Authority and the Independent Police Complaints Commission)
• Bar Standards Board
• Financial Conduct Authority (or its predecessor Financial Services Authority)

General Medical Council (“GMC”)
Conducting disciplinary hearings, including Fitness to Practise hearings (“FTP”), Review hearings and Interim Orders Panels (“IOPs”) on behalf of the GMC since 2008 to date, and continues to be currently instructed.

General Dental Council (“GDC”)
Conducting disciplinary hearings, including FTP hearings on behalf the GDC, having first received instructions to present FTP cases in 2015

Now acts only on behalf of Registrants in proceedings brought against them by the General Dental Council.

General Chiropractic Council (“GCC”)
Conducting disciplinary hearings, including FTP hearings on behalf the GCC, having first received instructions to present cases in 2016

General Optical Council
Acting as a Legal Assessor for GOC since 2013.

Nursing and Midwifery Council (“NMC”)
Instructions to advise and appear on behalf of a nurse in the Nursing and Midwifery Council on a Public Access basis

Police disciplinary tribunals
Acting in disciplinary hearings on behalf of police authorities (the Metropolitan Police, Thames Valley Police and IPCC) brought against police officers in both first instance proceedings (at Police Disciplinary Boards) and in appeal proceedings (at Police Appeals Tribunals) from 2001 to date on a regular basis.
Acting as a legal assessor to the Police Disciplinary Board since 2014

Bar Standards Board (“BSB”)
Acting on behalf of the BSB (and its predecessor the Bar Council) since 1996 in disciplinary hearings against barristers.

Financial Services Authority (“FSA”)
Seconded full time in 1998 for 2 years to the solicitors department of what was then the Financial Services Authority ("FSA"), now the Financial Conduct Authority, preparing and presenting cases full time on their behalf in disciplinary tribunal hearings. Since appeared on behalf of FSA in both first instance and appeal disciplinary tribunals.



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