Graham Gilbert

Year of Call: 2015
Email Address: graham.gilbert@3pb.co.uk
Secure Email: graham.gilbert@3paper.cjsm.net
Telephone: 01962 868 884

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Overview

Graham Gilbert handles criminal and public regulatory cases, particularly sports law matters. He undertook pupillage at a leading criminal set of chambers in London prior to taking tenancy at 3PB.

Graham is able to easily and quickly establish a rapport with clients and delivers simple, effective oral and written advocacy that has earned him praise from the tribunals he appears in front of.

Expertise

  • Crime
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    Graham defends and prosecutes in both Crown and Magistrates’ Court across Southern England & Wales, including London. His cases have covered a wide range of criminal offences, including child cruelty, possession of indecent images, cannabis cultivation, burglary and arson. He has also appeared in numerous proceedings concerning the breach of court orders, as well as prosecuting for several regulatory bodies, including the RSPCA, DVLA and TfL. Graham also handles driving offences and POCA cases.

    Recent cases:

    R v Q & H

    Graham defended two clients (one a youth) charged with assault by beating. Both claimed to have acted in self-defence; one pre-emptively and one to defend his friend. This was successful and both were found not guilty. The Judge remarked that the key piece of evidence was a comment ascribed to the complainant by the defendants in interview with the police. Under Graham’s cross-examination the complainant stated that the comment was something he was likely to say and would say in the situation. This piece of evidence was key in undermining the complainant’s account of being the victim.

    R v D

    Graham successfully represented a client charged with harassment by establishing that the behaviour complained of was not, under case law, capable of amounting to harassing behaviour.

    R v H

    Secured a non-custodial sentence for a client who had breached his Sexual Offences Prevention Order by possessing multiple indecent images of children, including Category A images.

    R v O & Ors

    Represented one defendant in a seven-handed youth trial where all defendants faced charges of assault occasioning actual bodily harm and witness intimidation. Graham’s client was the only defendant acquitted.

    R v S

    Successfully argued there was no case to answer to a charge of going equipped when the alleged theft for which the defendant supposedly going equipped had, on the Crown’s case, already occurred.

    R v F & Ors

    Represented the second defendant in a cultivation of cannabis matter. The proceedings against the client were discontinued.

    R v H

    Secured a non-custodial sentence for client following several breaches of a suspended sentence order.

    R v A

    Successfully appeared for a man accused of exposing himself in a public park.

    R v B

    Secured an acquittal in a possession of a bladed article case. The defendant had the knife to use in the course of his employment.

    R v C

    Secured an acquittal for a defendant accused of assault occasioning actual bodily harm on a security guard despite CCTV evidence.

    R v P

    Successfully ran a defence of no intention to drive to counter a charge of drunk in charge.

    R v CB

    Represented two clients. One was charged with driving offences and assaulting a police officer and the other with assaulting a police officer and obstructing a constable. Graham successfully argued that the Crown had not established a case to answer in relation to one of the driving offences resulting in that charge being dismissed at the close of the Crown’s case. He then secured not guilty verdicts on all the remaining charges.

    Publications

    • 24th Mar 2017

      3PB's Graham Gilbert examines the trend for lesser sentences in offences of reckless arson. 3PB's Graham Gilbert examines the trend for lesser sentences in offences of reckless arson.

      Two recent appeals against sentences passed for offences of reckless arson have been successful and the sentences passed in each case have been reduced. It appears that this represents a growing trend for lesser sentences for this offence.

      View Publication
    • 13th Feb 2017

      3PB's Graham Gilbert on speeding convictions, avoiding them and their consequences. Graham Gilbert examines the recent sentencing decision of a man who used a device to avoid detection by police speed traps and asks if the penalty handed down was justified.

      View Publication
    • 20th Jan 2017

      3PB's Graham Gilbert examines the Attorney General's "imminent threat" criteria in the use of pre-emptive strikes. The Attorney General has said that the UK may use a preemptive attack against would-be terrorists in self-defence if an attack is "imminent". Graham Gilbert questions whether this is the best choice, given the difficulty the criminal courts have had with the concept.

      View Publication
  • Sports
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    Having gained a wealth of knowledge in other areas, Graham has most recently begun accepting instructions in sports law matters and has a keen interest in regulatory and disciplinary aspects of the area, both domestically and internationally.

    He regularly prosecutes in prohibited substance matters for the British Horseracing Authority, as well as assisting with other disciplinary matters on the Authority’s behalf.

    Graham is fantastic with professional and lay clients and his hard working ethic and down to earth approach makes him one to watch.

    Recent cases:

    • Enquiry heard by the British Horseracing Association’s Disciplinary Panel on 29 June 2017 Woodacre, owned by Richard Whitaker, and the alleged use of phenylbutazone and oxyphenbutazone. To read more about this enquiry, please click here
    • Enquiry heard by the British Horseracing Association’s Disciplinary Panel on 22 June 2017 relating to Urban Storm, owned by Norman Thomas and the alleged use of omeprazole. For more information, please click here
    • Enquiry heard by the British Horseracing Association’s Disciplinary Panel on 25 May 2017, relating to Geordie des Champs, trained by Rebecca Curtis and the use of caffeine. Please click here to read more about the enquiry.

Recommendations

“I am so grateful to you and Graham for all your help. You are absolutely right, its a great outcome and the legal advice and support made all the difference. Graham Gilbert was excellent.” Client feedback to instructing solicitor.

Academic qualifications

  • BPTC – City Law School – Very Competent
  • GDL – City Law School – Commendation.
  • BA Hons Ancient History – University of Exeter – 1st Class

Scholarships

  • City Law School: 7 Bedford Row Criminal Law Prize Essay
  • University of Exeter awarded a Dean’s Commendation for “outstanding academic achievement”

Professional qualifications & appointments

  • CPS Prosecutor – Grade 1

Professional bodies

  • Western Circuit

News