3PB

Crime; Public and Regulatory.

Overview

Timothy (Tim) Bradbury defends and prosecutes in all areas of serious crime.

Formerly Standing Counsel to HM Revenue & Customs Prosecutions Office (Western Circuit), Tim now regularly prosecutes HMRC cases and other serious crime for the CPS and other government prosecuting agencies. He is a Category 4 prosecutor. In this capacity he regularly conducts confiscation proceedings and advises in relation to the same.

He has extensive expertise in prosecuting and defending fraud including Cheating the Revenue, Evasion of VAT & Excise fraud, importation of drugs, arms trafficking and serious sexual and violent offences.

He also regularly prosecutes and defends in the field of regulatory crime and the proceeds of crime.

Tim undertakes regulatory and disciplinary law and is regularly instructed in fisheries, animal and firearms cases.

Despite practising principally in crime he also accepts instructions in relation to civil claims against the police, in particular, actions for false imprisonment and malicious prosecution.

Practising principally on the Western Circuit, he also travels nationwide.

Tim sits as a Legally Qualified Chair for the Medical Practitioners Tribunal Service.

Public and Regulatory

Tim has experience in defending and prosecuting within a wide range of regulatory crime and is frequently instructed to prosecute on behalf of local authorities. By way of illustration he recently prosecuted a national solar thermal heating company in a widely publicised case concerning false claims made in respect to solar thermal heating systems. He has also successfully defended a company director alleged to have been involved in the supply of millions of pounds worth of counterfeit Microsoft software. His particular areas of experience are in:

• Trade Descriptions
• Trade Marks and Copyright
• Food Safety
• Animals; Animal Cruelty, Cattle Database Regulations and related legislation
• Medicines Act and related regulations.

Timothy Bradbury is also regularly instructed to advise in relation to, and appear in, Police Disciplinary hearings.

Notable Cases

• Southern Inshore Fisheries and Conservation v Carlin Boat Charter Limited [2012] EWHC 1359 Admin - Successful challenge, following Case Stated to Divisional Court, as to validity of fisheries bye-law made pursuant to Sea Fisheries Regulation Act 1996 on grounds of ultra vires/ irrationality/ illegality
• Dorset County Council v David Yeates House [2010] EWCA Crim 2270 - Cattle Database and Cattle Identification Regulations 1998/ Proper construction of regulation enforcing EC obligations/ Effect of repeal of EC Regulation on domestic regulations.

Asset and Tax Recovery
Timothy Bradbury is instructed in cash forfeiture proceedings and to act on behalf of local authorities in relation to confiscation proceedings in the field of regulatory crime.

He also regularly prosecutes and defends in the field of serious crime. In particular he is frequently instructed on behalf of HM Revenue & Customs in relation to drug importations, tax and duty evasion offences. In this capacity he regularly conducts and advises in relation to confiscation proceedings invariably multi-handed cases with very substantial benefit/assets. He has also been instructed to appear on behalf of the AFU.

Crime

Tim prosecutes and defends in all areas of serious crime. Formerly Standing Counsel to HM Revenue & Customs Prosecutions Office (Western Circuit), he now regularly prosecutes HMRC cases for the CPS and other government prosecuting agencies. He is a Category 4 prosecutor. Tim also regularly conducts confiscation proceedings and advises in relation to the same.

He has extensive expertise in fraud including cheating the Revenue, Evasion of VAT & Excise fraud, importation of drugs, arms trafficking and serious violent and sexual offences. He also regularly prosecutes and defends in the field of regulatory crime and the proceeds of crime.

Although practising principally in crime he is also instructed in relation to civil claims against the police, in particular, actions for false imprisonment and malicious prosecution for both Claimants and Defendants.

Tim undertakes regulatory and disciplinary law and is regularly instructed in fisheries, animal and firearms cases.

Notable cases:

Operation Barren (2019) - Successfully prosecuted 5 handed ‘phoenix’ fraud committed over some 10 years and defrauding HMRC of in excess of £3.2 million. Leading Tom Evans.

Operation Uptown (2019) - Successfully prosecuted jewellery thieves following an armed raid at J Franses Jewellers in Bournemouth. Over £600,000 worth of jewellery and watches was stolen. At trial at Southampton Crown Court, three defendants were found guilty for their role in the conspiracy. Four others had already entered guilty pleas. Leading Tom Evans.

R v Pacurar (2016)(19)SJ.37, CLW/16/19/3, [2016] EWCA Crim 569 - the Court of Appeal, definitively settled the issue as whether an offence under Section 63 of the Sexual Offences Act 2003 (Trespass with Intent to Commit a Sexual Offence) required the prosecution to prove a specific sexual offence (See Archbold 2016 20-201 and e-update 24th May 2016)’

R v Hannam [2015] unreported CACD – Appeal conviction inconsistent verdicts historic sexual offences committed by former Justice of the Peace.

R v Adesaogun & Others [2014] Southwark Crown Court leading junior in prosecution of Organised Crime Group (OCG) in relation to ‘cyber fraud’ which involved the largest ever attack, at that time, on HMRC computer VAT/income tax systems.

R v Lawal & Others [2014] Chelmsford Crown Court leading junior in prosecution of OCG involved in vat and income tax ‘cyber fraud’ on HMRC internet computer systems.

R v D [2014] EWCA Crim 1683 Abuse of Process/Bad Character successful prosecution appeal against terminatory ruling;  It is not an abuse of process to allege indecent assault as alternative to rape where rape could not be charged with historic offences committed by defendant, when 10 to 14 years old, at time when irrebuttable  presumption that  a child under the age of 14 was incapable of performing intercourse applied; also, prosecution not precluded from adducing evidence of bad character relating to acts committed by defendant before he had reached age of criminal responsibility.

R v Chiswell & Others [2013] Bournemouth Crown Court defended mortgage broker who was lead defendant in multi-handed, multimillion pound mortgage fraud.

Southern Inshore Fisheries and Conservation v Carlin Boat Charter Limited [2012] EWHC 1359 Admin.
Successful challenge, following Case Stated to Divisional Court, as to validity of fisheries bye-law made pursuant to Sea Fisheries Regulation Act 1996 on grounds of ultra vires/ irrationality/ illegality

R v Michael Ranger [2012] Southwark Crown Court
Successful prosecution of arms dealer brokering export of multi-million pound shipment of arms including ground to air missile systems from North Korea to Azerbaijan, contrary to Export Control Order 2008.

R v Dhillon [2011] EWCA Crim 1455
Historic and familial sexual abuse of children over 25 year period misdirection/mis-transcription of video evidence/ safety of conviction.

R v B [2010]
Prosecuting contravention of UN Embargo on trade in goods to Iran contrary to sanctions imposed to combat the Iranian nuclear proliferation program and the production of WMD, contrary to the Export Control (Iran) Order 2007.

Dorset County Council v David Yeates House [2010] EWCA Crim 2270
Cattle Database and Cattle Identification Regulations 1998/ Proper construction of regulation enforcing EC obligations/ Effect of repeal of EC Regulation on domestic regulations.

R v Martin Donald Gumbrell [2009] EWCA Crim 550
Bad Character/ Propensity/ Single incident not subject of conviction/ Obtaining pecuniary advantage by deception/ Confiscation.

R v Roger George Doncaster [2008] EWCA Crim. 5, Crim. LR [2008] 709
Bad Character/Cheating the Revenue/Admissibility of Evidence Obtained in Tax Enquiry in Criminal Proceedings/Applicability PACE Codes of Practice to Local Tax Inspectors/ Section 76 and 78 PACE

R v SR and W [2006] All ER (D) 214, [2006] EWCA Crim 1404
Expert Evidence/Admissibility/Childhood Amnesia/ Historic Sexual Abuse Allegations

R v Beardall & Lord [2006] EWCA Crim 577
Abuse of Process/Fresh Evidence/ Disclosure/Diversion Fraud.

Called 1989; Inner Temple.

Criminal Bar Association Western Circuit

LLB (Hons) Southampton