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Kate Bex QC

Kate Bex QC

Call: 1992     Silk: 2017

She is enormously talented, great to work with, down to earth and pragmatic. She has a backbone of steel:  Chambers UK (2016)

Kate Bex is cited in both the Legal 500 and Chambers UK.  She is a highly regarded criminal advocate who both defends and prosecutes.  Kate specialises in business crime and financial services as well as murder, sexual offences, firearm offences and large scale organised crime.  Kate also has a busy Professional Discipline practice and represents the interests of those concerned in Inquests and Courts Martial.

Kate accepts Direct Access instructions.

“Very organised and knows her field” – Legal 500 (2016)

“A tenacious and effective advocate” – Legal 500 (2016)

“She is very straightforward, clear, effective, and conscientious in her presentations” – Chambers UK (2016)

“She is very industrious and very focused and never hesitates to deal with even the most ignorant of queries” – Chambers UK (2015)


Fraud and Business Crime

Kate is an experienced fraud practitioner: she defended in the London City Bond litigation and in the race-fixing trial at the Old Bailey and the subsequent regulatory proceedings before the British Horseracing Authority which concluded with the first Goodyear indication outside a criminal court.

She has also successfully appeared for the defence in the Court of Appeal (R v Moulden [2008] EWCA 2561) for a client charged with money laundering on a point of law concerning confiscation under both the CJA 1988 and POCA 2003 which saved her client approximately £500k.

  • R v S and 13 others (2017 ongoing) Prosecuting multi million pound international fraud involving theft of film equipment.
  • Operation Mandate (2017) Instructed for one of four defendants in a large fraud on rail companies involved in Farringdon and Cross Rail.  Cut throat defences.

Crime

Kate is a highly regarded defence and prosecution advocate who defends and prosecutes in equal measure in murder, sexual offences, firearms and large scale organised crime often involving drug importation.  She has successfully defended and prosecuted many cases involving multiple victims of familial sexual abuse.  Before taking silk, Kate had been on the fraud, rape, POCA, serious crime and general crime panels of CPS advocates for many years.  She also has experience of dealing with novel areas of law; she prosecuted an importation and supply of firearms by rival south London gangs involving a new weapon not seen by NABIS or the FSS before which required expert evidence on the interpretation of s.5 Firearms Act to set a precedent for future cases.

Kate has been involved in cases requiring considerable sensitivity; defending a mother in the tragic killing of both of her children whilst suffering from an undiagnosed serious mental illness and defending a man accused of sexually assaulting eight women including children in a campaign lasting fifteen years.

  • R v B (2017 ongoing) Murder of woman by her partner.  Press Link: BBC
  • Operation Pibera (2017) Trafficking children and a vulnerable adult for the purpose of supplying drugs aka ‘county lines’.   First prosecution of its kind.
  • R v Wright (2017) Causing death by careless driving.
  • Operation Crepitus (2017) Causing explosions in order to steal from ATM machines.  Press Link: Richmond & Twickenham Times
  • R v McCann (2017) Rape by offender only 13 months after release from sentence for rape and 12 hours before his wedding.  Press Link: The Guardian
  • R v S  (2017) Serious violence by offender in Broadmoor, complicated psychiatric evidence re ability to form intent.
  • R v Visram (2016) Causing death by dangerous driving.
  • Operation Goldhawk (2016) 18 handed conspiracy to rob mobile phone shops.
  • R v P (2016) Consultant gynaecologist abused his position by sexually assaulting patients falsely claiming that a breast examination was clinically indicated.   Press Link: Evening Standard
  • R v Drake (2016) Police officer caused serious injury by dangerous driving whilst on duty.
  • R v X (2015) Successfully defended trainee doctor accused of sexually assaulting two geriatric patients.
  • Operation Morguld (2015) Conspiracy to rob jewellers and money laundering:  covert recordings in car.
  • R v C & C (2015) 18 year old virgin trafficked from Romania: raped and forced into prostitution.
  • R v X & Y (2015) First ever prosecution under the Female Genital Mutilation Act 2003.
  • Operation Goal (2014) £60m of class A drugs imported from Holland.
  • Operation Rinkle (2014) Shoot-out between two rival gangs in a hall packed with partygoers.  Anonymity orders.

Professional Disciplinary & Regulatory

Kate has regularly appeared at the General Medical Council, General Dental Council, General Pharmaceutical Council, Nursing & Midwifery Council and National College for Teaching and Leadership for many years.  Kate has also been sitting as a Legal Assessor at the Health and Care Professions Tribunal Service since 2000.

Kate has appeared before the High Court for Judicial Review and in the County Court for the first appeals from a decision of the GMC’s Registration Appeals Panel.

She also defends healthcare and other professionals who face criminal proceedings arising out of their work, as well as those in other industries such as a racehorse trainer who faced proceedings brought by the BHA.

Kate has also been instructed by the General Pharmaceutical Council as independent counsel to cross examine the complainant in a rape case where the registrant was unrepresented and therefore precluded from cross examining her himself.

She has been instructed by the medical defence organisations in a number of inquests where she has represented doctors and successfully avoided criticism in the coroner’s report.

Kate represented a soldier at risk of being discharged from the Army at his Courts Martial and successfully persuaded the Board to allow him to retain his rank.

  • Dr C (2017) Instructed on a direct access basis for doctor accused of sexual assault, successfully argued against an interim order of suspension and for discontinuance after proceedings lasting two years.
  • Dr E (2016) Doctor accused of dishonesty.
  • Dr M (2013) The doctor saw the deceased, a 14 year old girl, whilst on call for the out of hours service.  12 hours later she collapsed and died from an undiagnosed deep vein thrombosis. Inquest heard evidence from numerous experts and coroner concluded GP’s actions were reasonable.
  • Marine K (2012) Instructed by the deceased’s fiancée on a direct access basis, with the assistance of the Royal British Legion’s Independent Inquest Advice service.  Marine K was one of 90% of troops who did not have a welfare interview within the 12-week guideline of return from active service. It was admitted that interviewing only 10% of soldiers within the guideline 12 weeks was a “dismal failure” and the MOD has since changed the process.
  • GMC v L (2011) Consultant surgeon investigated following multiple patient deaths after laparoscopic surgery:  found to have acted outside his area of competence and to have been dishonest when working on restricted duties.

International Representation
  • Gibraltar (2017) Successfully represented a youth with Asperger Syndrome convicted of a child sex offence on his appeal against sentence imposed under Gibraltarian law and also obtained a lifetime anonymity order for the defendant.
  • Jersey (2017) Advised the Attorney General of Jersey on the correctness of directions in law at first instance and whether a sentence was unduly lenient following the death of a three year old who was on holiday to the island with his family.
  • Oman (2017) As part of a 3-person mission with Beyond Borders, a non-profit NGO,  visiting the Office of the Public Prosecution to scope future training for Omani prosecutors and judges in human trafficking and drug trafficking.

Inquiries & Appellate Work

Reported cases;

  •  R v Amin [2014] EWCA Crim 1924 So-called ‘honour killing’ of Banaz Mahmod:   judgment concerning the admissibility of hearsay statements by others including co-accused which implicated the appellant.
  • R v Kelly [2010] EWCA Crim 1793An IPP sentence reduced.
  • R v S [2009] EWCA Crim 2457 The meaning of substantial probative value for the purposes of bad character.
  • R v Tayor [2009] EWCA Crim 544 Concerning the correct direction to the jury on a s18 wounding.
  • CPS v Moulden [2008] EWCA Crim 2648 Successfully opposed the prosecution’s appeal against a confiscation order: the case established that where a defendant is convicted on two separate indictments, each indictment constitutes separate proceedings for the purposes of assessing whether the offender has a criminal lifestyle.
  • R v Corcoran [2008] EWCA Crim 1600 Concerning the interaction between a basis of plea and the basis upon which a confiscation order can be made.
  • GMC v Uruakpa [2007] EWHC 2057 (Admin) Appeal against the refusal to grant an extension of an interim order restricting a doctor’s right to practice.
  • R v Watson [2008] EWCA Crim 470 Appeal against sentence on the grounds of totality.
  • R v Beardall [2006] EWCA Crim 577 Appeal following the London City Bond cases concerning participating informants.
  • R v G [2006] EWCA Crim 500 convictions arising from the evidence of two children, aged 7 and 5 were safe.
  • R v Swaray [2005] EWCA Crim 1951 Concerning disparity in sentence and credit for guilty pleas.
  • R v Simmonds [2005] EWCA Crim 1270 Appeal against sentence for serious sexual offending and the use of extended sentences.
  • R v McDermott [2004] EWCA Crim 2984 Sentences for causing death by dangerous driving.
  • AG’s ref (Nos 54, 55 and 56 of 2004) [2004] EWCA Crim 2062 Regarding sentences for young offenders.
  • R v Lobban [2004] EWCA Crim 1099 Concerning the admissibility of a statement as hearsay and the correct procedure on a voir dire.
  • R v Pelzer [2004] EWCA Crim 652 Relating to participating informants and whether a fair trial is possible in circumstances where another country refuses to provide disclosure of relevant material.
  • R v C [2001] EWCA Crim 201 Arising from inconsistent verdicts.
  • R v O’Brien [1996] C.L.Y. 1543 Concerning the direction to the jury following the acquittal of a co-defendant.

Recommendations

  • “She is very organised and knows her field”Legal 500 2016 Crime
  • “A tenacious and effective advocate” – Legal 500 2016 Professional Discipline and Regulatory Law (including Police Law)
  • She is enormously talented, great to work with, down to earth and pragmatic. She has a backbone of steel” –  Chambers UK 2016
  • She is very straightforward, clear, effective, and conscientious in her presentations”Chambers UK 2016
  • “She is very industrious and very focused, and never hesitates to deal with even the most ignorant of queries”Chambers UK 2015

 


Education

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BA (Hons) Law and English Literature

Memberships

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Criminal Bar Association

Association of Regulatory & Disciplinary Lawyers

The Private Prosecutors’ Association

Health & Safety Lawyers’ Association

Fraud Lawyers Association

Liberty

South Eastern Circuit

 

Professional Appointments

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Legal Assessor at the Health and Care Professions Tribunal Service (2000)

Accredited Mediator for Civil / Commercial Disputes (2007)

CPS Rape Panel (2005-2017)

CPS HQ Specialist Fraud Panel (2013-2017)

CPS HQ Serious Crime Panel (2013-2017)