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David Malone

David Malone

Call: 1998

“Approachable and impressive, he commands the attention of the courtroom.”  Legal 500 2017

David Malone provides advice and representation in a wide-range of serious and complex cases and appeals, and provides briefings and training on advocacy, law and procedure.  Originally trained as a biochemist, he is well-suited to deal with expert and scientific evidence.

His broad practice encompasses the following areas of law:

  • Appeals (including judicial review)
  • Criminal injuries compensation
  • Criminal law (including serious and complex fraud work, environmental law and health and safety)
  • Human rights
  • Inquests and public inquiries
  • Licensing
  • Miscarriages of justice
  • Police law and procedure
  • Prison law
  • Professional discipline
  • Tribunal work
  • Victims’ rights

His current 2017/18 caseload includes:

  • Prosecuting prison officers for misconduct in a public office following the death of a remand prisoner, led by Max Hill QC: due for trial in November.
  • Successful defence to murder and manslaughter at the Old Bailey, led by Ed Vickers QC.
  • Prosecuting a number of separate cases of rape and child sexual abuse.
  • Working on a number CCRC appeals in potential miscarriage of justice cases including Sarah’s Case.
  • Defending a client against an allegation of VAT fraud.
  • Defending a conspiracy to cause a public nuisance arising from the organisation of an illegal rave party.

 

 

 

 

 

 


Crime

David specialises in criminal advocacy, both defending and prosecuting.

Although he is usually instructed by solicitors, he has been appointed directly by the Crown Court to cross-examine complainants and witnesses on behalf of unrepresented defendants in serious and sensitive cases.

Homicide, Violent and Organised Crime Sexual OffencesFraud and Proceeds of Crime(POCA)Protest and Public Order

David has acted in a wide variety of murder, attempted murder and manslaughter cases in the Crown Court and the Court of Appeal, acting alone in attempted murder and manslaughter cases.

His scientific training and expertise have proved invaluable in handling expert and scientific evidence. He also has the training and experience to deal with children and young people, vulnerable clients and witnesses, including those with mental health issues, and various psychiatric defences.

David has comprehensive experience of prosecuting and defending in cases dealing with organised crime, criminal networks and conspiracies. He has been instructed in numerous cases concerning allegations of violent crime, such as serious assaults, aggravated burglary and robbery, which have involved all manner of weapons and defences.

David has prosecuted and defended in a myriad of rape and child sexual abuse cases, including historic allegations and human trafficking cases.

Notable cases include:

  • R v A (2012) [2012] EWCA Crim 434: Challenging a high profile prosecution before the Lord Chief Justice. ‘Sarah’ had been prosecuted for retracting a truthful complaint of rape against her now ex-husband. David was also part of the legal team that eventually secured proper criminal injuries compensation for ‘Sarah’ in 2016 on an appeal from a CICA (Criminal Injuries Compensation Authority) decision to refuse any award, and a subsequent First-Tier Tribunal decision to offer a reduced award. The CPS accept that ‘Sarah’ would not now be prosecuted, her case has changed charging practice, but the legal battle and wider campaign to overturn her conviction continues.
  • R v Anigbugu (2010) Prosecuting a stranger rape by a man who broke into the victim’s home, and subsequently correctly advising the Attorney General’s office that the sentence was unduly lenient: see the “safe-haven” sentencing guidance [Attorney General’s Reference (Nos 73, 75 and 3 of 2010) R v Anigbugu; R v Pyo; R v McGee]. The appeal against conviction was successfully resisted.
  • Rose v R (2011) [2011] EWCA Crim 579: Appeal concerning fresh evidence of an alleged retraction by the complainant about her sexual assault to a defence solicitor and the correct approach to take in such a situation.
  • R v B (2003) [2003] EWCA Crim 696: Successful appeal (led by Sasha Wass QC) concerning a child complainant’s refusal to answer questions in cross-examination and the lack of corroboration regarding her allegations of sexual assault.

David has been involved in many fraud, corporate crime, money laundering and POCA cases ranging in value from thousands to tens of millions of pounds. These include wine; art; tax and vat; business/corporate; charity; mortgage; insurance; advanced fee; identity; cyber-crime/online; pyramid schemes; benefit frauds and breach of trust.

His experience and expertise is demonstrated by his appointment to the CPS Fraud Panel.

 

David has acted in a multiplicity of protest and public order cases involving serious and complex issues of human rights and civil liberties, including allegations of aggravated trespass by protest groups, serious violence against property and people during protests, illegal raves and large scale prison disorder.

He has advised a specialist police team at New Scotland Yard on the law and procedure relating to protest and public order and the policing of demonstrations. He has also advised a police service on Production Orders for video footage from television/media companies and freelance journalists following a major public order incident in their policing area.

Notable cases include:

  • R v Farmer (2013) [2013] EWCA Crim 126: An appeal concerning violent disorder at a demonstration and the trial judge’s summing-up.
  • R v Parkinson (2004) [2004] EWCA Crim 2757: An oft-cited appeal concerning the imposition and terms of an Anti-Social Behaviour Order (‘ASBO’).

Other Specialisms

David accepts instructions for those involved in professional disciplinary proceedings. He has appeared before the teacher’s disciplinary tribunal and he has advised doctors accused of misconduct.  He is also a specialist in police law and procedure.

He has provided advice and representation to prisoners and in particular those serving life or other sentences for grave crimes. His practice covers prison adjudications, Parole Board hearings (licence recalls and lifer reviews) and judicial review proceedings. He can provide advice on all aspects of prison life and conditions. He is a former Member of the Independent Monitoring Board at HMP Brixton.

David has acted for clients in connection with a variety of local authority licensing applications. He is a former local councillor with training and experience of sitting on a local authority Licensing Committee.

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Recommendations
  • “Approachable and impressive, he commands the attention of the courtroom”Legal 500 (2017)
  • “A prominent human rights and criminal barrister…His high-profile work has seen him called upon by a wide range of national newspapers, TV and radio as a legal media commentator. The leading barrister behind the infamous Sarah’s Case . . .”Law Society Gazette (2013)

Publications, Lectures and Training

Publications

David contributes to both local and national broadcast and print media. For example:

  • The Royal Prerogative of Mercy: Law Society Gazette (Nov 2015) co-author.
  • My Legal Life: Law Society Gazette (Nov 2013) interview.


Education

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BSc(Hons) Biochemistry – Sheffield

Common Professional Exam – City University

Membership

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Criminal Bar Association

South Eastern Circuit

Grays Inn

 

 

 

 

 

 

 

 

Professional Appointments

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Reviewer for the Bar Pro Bono Unit (2013-present)

CPS Fraud Panel (2013-present)

CPS Rape and Child Sexual Abuse Panel (2012-present)

CPS General Panel at Grade 4 (highest grade) (2012-present)

Head of Chambers, 1 Gray’s Inn Square (2010-2013)

Road User Charging Adjudicator (2005-present)

First approved by the CPS to prosecute rape and other serious sexual offences (2005)

Pupil Supervisor (2005-present)

Awards

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Special mention by the Bar Council for pro bono work and a campaign which led to a change in the law (2014)

Karmel Awards (2 consecutive awards) Gray’s Inn (1996 -1997)