Crime, Regulatory
Adam Birkby is a highly respected specialist in criminal, regulatory and disciplinary law. Whether being led by the pre-eminent silks on circuit, acting alone or as a leading junior, Adam is regularly instructed in some of the most serious and complex cases in the criminal, regulatory and disciplinary calendar. Adam is a CPS Level 4 prosecutor on the general crime, serious crime, counter-terrorism and rapes and other serious sexual offences lists.
Having been appointed to the list of Specialist Regulatory Advocates, Adam regularly prosecutes and defends in cases involving health and safety, environmental and trading standards law. Adam has built on this success to forge his disciplinary practice, representing police officers in misconduct proceedings and inquests and representing the General Medical Council in fitness to practise proceedings.
Adam is qualified to accept instructions directly from members of the public under the Bar Council Public Access scheme. He is particularly interested in direct access work relating to crime, public inquiries, professional discipline and inquests.
Crime
Adam has significant experience in prosecuting and defending:
Homicide. Serious violence. Serious sexual offences including rape, historic child abuse, and possession of indecent images. Drugs offences including conspiracy to import and supply Class A. Firearms offences. Offences involving large-scale public disorder. Dishonesty offences including aggravated burglary and conspiracy to commit armed robbery. Fraud including mortgage fraud, benefit fraud, money laundering, infringement of trademarks and the evasion of duty. Offences against public justice. Confiscation proceedings. Motoring law including death by dangerous driving. Terrorism offences, including the preparation of terrorist acts.In addition, he advises local authorities, prosecuting agencies and limited companies on a wide range of criminal law issues including the Regulation of Investigatory Powers Act 2000, public interest immunity, hearsay and bad character.
Adam regularly appears before the Court of Appeal. Adam has completed the advocacy and vulnerable witness training course. He also delivers training to fellow practitioners on recent changes in case law and legislation, bad character and hearsay.
Regulatory
In addition to general crime, Adam prosecutes and defends in regulatory cases involving health and safety enforcement, environmental health, food standards, gangmasters legislation, and trading standards. He is appointed to the List of Specialist Regulatory Advocates.
Prosecutes and defends in cases brought by DEFRA, the Food Standards Agency, the Gangmasters Licensing Authority, the Health and Safety Executive, the Environment Agency, Trading Standards and several local authorities. Advises and represents defendants and local authorities in relation to anti-social behaviour orders/injunctions, non-molestation orders and committals to prison. Advises and represents limited companies and company directors in public inquiries before the Traffic Commissioner in respect of breaches of the Goods Vehicles (Licensing of Operators) Act 1995.Professional Discipline
Adam appears on behalf of the General Medical Council in fitness to practise, review and restoration hearings before the Medical Practitioner’s Tribunal Service.
He regularly appears before the Medical Practitioners’ Tribunal Service on behalf of the General Medical Council for review hearings, fitness to practise hearings and restoration hearings.
Police Discipline
Adam is regularly instructed to represent police officers facing disciplinary allegations before misconduct hearings. He has extensive experience in representing police officers in Misconduct Hearings, Police Appeals Tribunal Hearings, Criminal Proceedings, Inquests and applications for Judicial Review.
Adam also represents police officers facing disciplinary allegations of sexual assaults, corruption, dishonesty, including theft and providing false statements, improper use of force, harassment, neglect of duty, including in the context of related deaths in custody, and misuse of PNC and other confidential information held on police systems.
Coronial & Public Law
Represents police officers, companies, health authorities, insurers, local authorities and families of the deceased in inquests concerning deaths in custody and through the use of force by police officers, road traffic accidents, drownings and corporate manslaughter.
Experience of drafting grounds for judicial review and has appeared in the High Court to challenge coronial decisions. Thorough knowledge of inquest procedure and coronial law and of the Administrative Court procedure and public law relating to inquests.
Represented a custody sergeant in relation to the death of a vulnerable woman in custody. Required a thorough knowledge of the policies and procedures applicable to the custody suite. Represented a police constable in relation to the death of a suspect that he had arrested and used physical force in order to detain. Represented a builder who permitted a sub-contractor to carry out tasks at height without any training or safety equipment. Required a through knowledge of the Corporate Manslaughter and Corporate Homicide Act 2007.Prison Law
Advises and represents prisoners in adjudication hearings, parole board hearings (including “lifer” hearings and recalls on licence), claims for false imprisonment and personal injury. Advises and represents Probation Services and prison authorities in claims for false imprisonment and negligence.
Public Law
Advises and represents claimants in judicial review proceedings arising from inquests, actions against the police and prison law. Represents claimants in actions against the police for assault, false imprisonment and wrongful arrest.