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:

    2018

    R v R’u
    Represent a client charged with two counts common assault trial at Poole Magistrates’ Court. Graham secured an acquittal on both counts.

    R v McE
    Assault by beating trial at Aldershot Magistrates’ Court. Graham successfully persuaded the court to exclude the evidence of the clients interview and secured an acquittal.

    R v Harris
    Represented a defendant accused of intending to supply drugs to a value of £250,000 - heard in Winchester Crown Court.

    R v R
    Hendon Magistrates’ Court. Graham successfully ran the difficult defence of automatism for a client charged with numerous offences committed late at night at a London train station.

    R v C
    Burglary trial at Bournemouth Crown Court. Graham secured the acquittal of a defendant charged with burgling a property. Despite the client being forensically linked to the scene, Graham was able to secure an unanimous acquittal for his client.

    2017

    F v DPP
    Graham appeared for the Respondent in an appeal against conviction and sentence for an offence under section 172 of the Road Traffic Act 1988 (failing to provide information about the driver of a vehicle to police). Following legal submissions from both parties on a preliminary point of law, the court agreed with Graham's submissions and the appeal was withdrawn.

    R v P
    Burglary trial at Bournemouth Crown Court. Despite the evidence of two eye-witnesses, Graham's cross-examination lead to a hung jury and the Crown declined to pursue a re-trial.

    R v D
    Successful appeal against a conviction for a breach of a restraining order at Bournemouth Crown Court.

    R v W
    Appeared in an appeal against conviction at Southampton Crown Court. Graham persuaded the court to overturn the client's conviction for an assault by beating and then successfully resisted the Crown's application for a restraining order to be made on acquittal.

    R v ON
    Graham managed to secure a suspended sentence for a client charged with running a cannabis farm and abstracting electricity.

    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

    • 11th Aug 2017

      Graham Gilbert explains the details of the cases involving Lavinia Woodward and Natalia Sikorska.

      View Publication
    • 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
    • Courts martial
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      Graham accepts instructions in military disciplinary proceedings. He has an ability to quickly and easily establish a rapport with serving personnel and assist them through the process. He is particularly adept at handling matters involving unusual or tricky issues. For example, he recently represented a Royal Marine charged with assault occasioning actual bodily harm. Although the offence was admitted, the process was complicated by the serviceman's recent diagnosis and ongoing treatment for PTSD and other anxiety issues.

      Similarly, Graham represented a RAF corporal charged with a domestic assault. Again, the offence was admitted, but any sanction higher than a fine would have resulted in serious career ramifications for the corporal. Graham was able to chart a course through the proceedings that resulted in the client receiving just a small fine.

      Recent cases include:  

      MoJ v R
      Appeared for a sailor charged with an offence under section 42 of the Armed Forces Act 2006, the underlying offence having occurred in Bahrain.

      R v Stephen Aliwell
      Guilty plea to assault, Aylesbury Mags.

      R v Samuel Brown
      Careless driving and failure to provide, s.36 appointment, Salisbury Mags.

      R v Jonathan Lewis
      S.47 assault.

  • Public and Regulatory
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    Graham’s advocacy skills, developed through his strong criminal law practice, transfer highly effectively to public regulatory work. He regularly appears for all manner of public and semi-public bodies, such as the RSPCA, and has also represented Transport for London. He is frequently instructed by police forces in the South East of England on a range of matters, including Anti-Social Behaviour Injunction and Domestic Violence Protection Order applications and breaches, as well as representing forces in disclosure matters. He has also appeared in several appeals against police decisions to revoke shotgun licences.

    • Sports law
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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 held on 14 December 2017 by the Independent Disciplinary Panel of the British Horseracing Authority (BHA) as to whether Jockey Hayley Turner had broken the Rules of Racing on the grounds of bets placing. Graham Gilbert was Junior to Tim Naylor, the BHA’s Head of Regulation. To read more about the enquiry, click here. The case attracted press coverage in The Guardian, SBC News and the BBC among others.

      Enquiry heard by the British Horseracing Association's Disciplinary Panel on 5 October 2017 concerning Jockey Graham Gibbons testing positive for a Banned Substance and attempting to present a sample which was not his own. To read more about this enquiry, please click here. The case attracted press coverage in The Racing Post, Sky Sports and the BBC among others.

      Enquiry heard by the British Horseracing Association's Disciplinary Panel on 28 September 2017 relating to the Jockey Dale Swift and his testing positive for a Banned Substance. To read more about this enquiry, please click here. The case attracted press coverage in The Times and from the BBC among others.

      Enquiry heard by the British Horseracing Association's Disciplinary Panel on 10 August 2017 relating to Big Red, owned by Rebecca Bastiman, following her horse being administered a Prohibited Substance. To read more about this enquiry, please click here.
      Enquiries heard by the British Horseracing Association's Disciplinary Panel on 3 August 2017 relating to Wotadoll and Links Drive Lady, both trained by Dean Ivory. The panel in Wotadoll considered the cross-contamination of the horse with O-desmethyltramadol, a metabolite of tramadol which had been prescribed to a stable lad following surgery. The stable lad had been urinating in Wotadoll’s stable, causing the cross-contamination. The hearing attracted significant press coverage in The Guardian, The Telegraph and The Racing Post as well as numerous calls to end the practice. The panel in Links Drive Lady concerned the cross-contamination of the horse with hayfever medicine, as a result of contacts between Links Drive Lady and his keepers, who were using hayfever medicine to alleviate their symptoms at the time.

      Enquiry heard by the British Horseracing Association's Disciplinary Panel on 29 June 2017 relating to 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.

  • 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 held on 14 December 2017 by the Independent Disciplinary Panel of the British Horseracing Authority (BHA) as to whether Jockey Hayley Turner had broken the Rules of Racing on the grounds of bets placing. Graham Gilbert was Junior to Tim Naylor, the BHA’s Head of Regulation. To read more about the enquiry, click here. The case attracted press coverage in The Guardian, SBC News and the BBC among others.
    • Enquiry heard by the British Horseracing Association's Disciplinary Panel on 5 October 2017 concerning Jockey Graham Gibbons testing positive for a Banned Substance and attempting to present a sample which was not his own. To read more about this enquiry, please click here. The case attracted press coverage in The Racing Post, Sky Sports and the BBC among others.
    • Enquiry heard by the British Horseracing Association's Disciplinary Panel on 28 September 2017 relating to the Jockey Dale Swift and his testing positive for a Banned Substance. To read more about this enquiry, please click here. The case attracted press coverage in The Times and from the BBC among others.
    • Enquiry heard by the British Horseracing Association's Disciplinary Panel on 10 August 2017 relating to Big Red, owned by Rebecca Bastiman, following her horse being administered a Prohibited Substance. To read more about this enquiry, please click here.
    • Enquiries heard by the British Horseracing Association's Disciplinary Panel on 3 August 2017 relating to Wotadoll and Links Drive Lady, both trained by Dean Ivory. The panel in Wotadoll considered the cross-contamination of the horse with O-desmethyltramadol, a metabolite of tramadol which had been prescribed to a stable lad following surgery. The stable lad had been urinating in Wotadoll’s stable, causing the cross-contamination. The hearing attracted significant press coverage in The Guardian, The Telegraph and The Racing Post as well as numerous calls to end the practice. The panel in Links Drive Lady concerned the cross-contamination of the horse with hayfever medicine, as a result of contacts between Links Drive Lady and his keepers, who were using hayfever medicine to alleviate their symptoms at the time.
    • Enquiry heard by the British Horseracing Association's Disciplinary Panel on 29 June 2017 relating to 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
  • Sport Resolutions Pro Bono Panel
  • Criminal Bar Association
  • Bar Pro Bono Unit

News