David Richards

Year of Call: 1989
Email Address: david.richards@3pb.co.uk
Secure Email: david.richards@3paper.cjsm.net
Telephone: 01962 868 884

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Crime

David’s recent (2015 to 2017) experience includes war crimes investigations, murder, gross negligence manslaughter, maritime fraud and collisions at sea.

David prosecutes and defends cases of the utmost gravity, including murder, attempted murder, and serial rape. Recent cases include the attempted murder of one soldier by another using a machete, the non recent rape of one cousin by another when both were children.

He has a specialist interest in maritime fraud having defended several cases of fraud against the European Fisheries Fund.

Noted for his sympathetic manner with clients and complainants he is often instructed to prosecute or defend in cases requiring a particularly sensitive approach e.g. with vulnerable victims or witnesses, and cases where deaths have been caused through driving. One recent case concerned a 15 year old accused charged with the rape of younger children.

He has worked as the Principal Legal Adviser to the Director of Service prosecutions in which role he was at the heart of the service justice system as it faces profound challenges, addressing (in particular) an increase in the number of non recent allegations of sexual offences and child abuse. He has guided the introduction of Better Case Management and early police / prosecutor engagement in the service justice system.

He has advised on the prosecution of war crimes and as a specialist war crimes prosecutor for the Service Prosecuting Authority is regularly instructed for pre charge advice in matters arising from the UK’s presence in Iraq 2003-2009. More details of this work are available on request.

Recent cases include 

  • R v W (Winchester Crown Court April 2016) Prosecution of 15 year old charged with multiple rapes of 11 and 13 year old children.
  • R v Brown (Winchester Crown Court December 2016) - led by Nigel Lickley QC in the prosecution of mother who murdered her 19 day old baby.
  • R v T (Winchester Crown Court April 2017) - prosecution of attempted murder
  • R v TB - Newcastle Crown Court July 2015 - Accused charged with substantial fraud on the European Fisheries Fund. Negotiated pleas with the prosecution to regulatory offences; fined £2,800 total.
  • Re: HP June 2015 -  Inquest into the death of marine scarp yard worker.
  • R v A [2015] 2 Cr App R (S) 12 -  The Court of Appeal gave guidance on the drafting of multiple incident counts and indictments.
  • R v F (Bournemouth Crown Court August 2014) - Successfully argued the accused, suffering acute psychotic disorder, was not guilty by reason of insanity
  • R v Conlin (Winchester Crown Court July 2014) - Led by Nigel Lickley Q.C. in the successful prosecution of a. father for the murder by shaking / trauma of his 4 and a half month old daughter. Case involved complex expert evidence relevant to causation and timing of injury.
  • R v S 2013 - Defence of soldier charged with causing death of two civilians in road traffic collision Afghanistan.
  • R v G 2013 - Defence of high value watch trader charged with substantial VAT fraud.
  • R v F 2011 - Defence of man charged with serial rape and sexual assault of five victims from 1980 to 2010.
  • R v AL (2011) - Child cruelty - parent causing severe injuries (multiple fractures) to 5 month old child.
  • R v P (2011) - Haulier carrying catering trailer charged with causing death by dangerous driving when hatch opened and collided with traffic lights, resulting in death of pedestrian.
  • R v W and S (2011) - Defence of accused charged with wide ranging conspiracy to steal from fruit machines at service stations across the midlands and south of England.
  • R v B and B (2010) - Two men charged with the rape and buggery of a school friend when in Cyprus in 1988; neither had further connection with military but due to location and date of offence court martial the only available venue; successfully challenged terminating ruling by Judge Advocate.
  • R v S (2010) - Defence of the first ever prosecution by trading standards for selling legal highs.
  • R v F (2010) - Prosecuting international conspiracy to clone and distribute false credit cards.
  • R v MoD (ex p Al Sweady) (2009) - Judicial review of conduct by British Army at the ‘Battle of Danny Boy’ in Iraq.

Articles
Appeal against Court Martial sentences: has anything changed? [1999] Crim L R 480
The Armed Forces Act 2006 - Civilianising Military Justice? [2008] Crim L R 191

Military 
As the PLA at the Service Prosecuting Authority, David has been responsible for overseeing the entire case work of the prosecution at courts martial. He has introduced new arrangements for coordination between the service police and the SPA. Working on behalf of the DSP and JAG he has helped guide the introduction of Better Case Management to the UK military courts.

Having appeared in military courts for defence and prosecution throughout his career and having written and lectured on the Armed Forces Act 2006, he is a pre-eminent expert on the service justice system.

Recommendations

“I owe him and my solicitor everything”: BB - client charged with fraud on the European Fisheries Fund

“A credit to the profession”: HHJ FS - following trial of two police officers

“Outstanding”: HHJ JB - following rape trial of officer cadet

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Academic qualifications

  • MA (Cantab) 1988
  • Bar Finals 1989
  • New York State Bar 2000
  • LLM Maritime Law Southampton University 2015

Professional qualifications & appointments

  • Principal Legal Adviser to the Director of Service Prosecutions 2015-16
  • IHAT specialist war crimes prosecutor
  • Grade 4 prosecutor
  • CPS Rape Specialist
  • Legal Assessor Nursing and Midwifery Council

Professional bodies

Western Circuit

News