Timothy Bradbury

Year of Call: 1989
Email Address: timothy.bradbury@3pb.co.uk
Secure Email: timothy.bradbury@3paper.cjsm.net
Telephone: 01202 292 102

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Overview

Timothy (Tim) Bradbury defends and prosecutes in all areas of serious crime.

Formerly Standing Counsel to HM Revenue & Customs Prosecutions Office (Western Circuit), Tim now regularly prosecutes HMRC cases and other serious crime for the CPS and other government prosecuting agencies. He is a Category 4 prosecutor. In this capacity he regularly conducts confiscation proceedings and advises in relation to the same.

He has extensive expertise in prosecuting and defending fraud including Cheating the Revenue, Evasion of VAT & Excise fraud, importation of drugs, arms trafficking and serious sexual and violent offences.

He also regularly prosecutes and defends in the field of regulatory crime and the proceeds of crime.

Tim undertakes regulatory and disciplinary law and is regularly instructed in fisheries, animal and firearms cases.

Despite practising principally in crime he also accepts instructions in relation to civil claims against the police, in particular, actions for false imprisonment and malicious prosecution.

Practising principally on the Western Circuit, he also travels nationwide.

Tim sits as a Legally Qualified Chair for the Medical Practitioners Tribunal Service.

Expertise

  • Public and Regulatory
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    Tim has experience in defending and prosecuting within a wide range of regulatory crime and is frequently instructed to prosecute on behalf of local authorities. By way of illustration he recently prosecuted a national solar thermal heating company in a widely publicised case concerning false claims made in respect to solar thermal heating systems. He has also successfully defended a company director alleged to have been involved in the supply of millions of pounds worth of counterfeit Microsoft software. His particular areas of experience are in:

    • Trade Descriptions
    • Trade Marks and Copyright
    • Food Safety
    • Animals; Animal Cruelty, Cattle Database Regulations and related legislation
    • Medicines Act and related regulations.

    Timothy Bradbury is also regularly instructed to advise in relation to, and appear in, Police Disciplinary hearings.

    Notable Cases

    • Southern Inshore Fisheries and Conservation v Carlin Boat Charter Limited [2012] EWHC 1359 Admin - Successful challenge, following Case Stated to Divisional Court, as to validity of fisheries bye-law made pursuant to Sea Fisheries Regulation Act 1996 on grounds of ultra vires/ irrationality/ illegality
    • Dorset County Council v David Yeates House [2010] EWCA Crim 2270 - Cattle Database and Cattle Identification Regulations 1998/ Proper construction of regulation enforcing EC obligations/ Effect of repeal of EC Regulation on domestic regulations.

    Asset and Tax Recovery
    Timothy Bradbury is instructed in cash forfeiture proceedings and to act on behalf of local authorities in relation to confiscation proceedings in the field of regulatory crime.

    He also regularly prosecutes and defends in the field of serious crime. In particular he is frequently instructed on behalf of HM Revenue & Customs in relation to drug importations, tax and duty evasion offences. In this capacity he regularly conducts and advises in relation to confiscation proceedings invariably multi-handed cases with very substantial benefit/assets. He has also been instructed to appear on behalf of the AFU.

  • Crime
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    Tim prosecutes and defends in all areas of serious crime. Formerly Standing Counsel to HM Revenue & Customs Prosecutions Office (Western Circuit), he now regularly prosecutes HMRC cases for the CPS and other government prosecuting agencies. He is a Category 4 prosecutor. Tim also regularly conducts confiscation proceedings and advises in relation to the same.

    He has extensive expertise in fraud including cheating the Revenue, Evasion of VAT & Excise fraud, importation of drugs, arms trafficking and serious violent and sexual offences. He also regularly prosecutes and defends in the field of regulatory crime and the proceeds of crime.

    Although practising principally in crime he is also instructed in relation to civil claims against the police, in particular, actions for false imprisonment and malicious prosecution for both Claimants and Defendants.

    Tim undertakes regulatory and disciplinary law and is regularly instructed in fisheries, animal and firearms cases.

    Notable cases:
    R v Pacurar (2016)(19)SJ.37, CLW/16/19/3, [2016] EWCA Crim 569 - the Court of Appeal, definitively settled the issue as whether an offence under Section 63 of the Sexual Offences Act 2003 (Trespass with Intent to Commit a Sexual Offence) required the prosecution to prove a specific sexual offence (See Archbold 2016 20-201 and e-update 24th May 2016)’

    R v Hannam [2015] unreported CACD – Appeal conviction inconsistent verdicts historic sexual offences committed by former Justice of the Peace.

    R v Adesaogun & Others [2014] Southwark Crown Court leading junior in prosecution of Organised Crime Group (OCG) in relation to ‘cyber fraud’ which involved the largest ever attack, at that time, on HMRC computer VAT/income tax systems.

    R v Lawal & Others [2014] Chelmsford Crown Court leading junior in prosecution of OCG involved in vat and income tax ‘cyber fraud’ on HMRC internet computer systems.

    R v D [2014] EWCA Crim 1683 Abuse of Process/Bad Character successful prosecution appeal against terminatory ruling;  It is not an abuse of process to allege indecent assault as alternative to rape where rape could not be charged with historic offences committed by defendant, when 10 to 14 years old, at time when irrebuttable  presumption that  a child under the age of 14 was incapable of performing intercourse applied; also, prosecution not precluded from adducing evidence of bad character relating to acts committed by defendant before he had reached age of criminal responsibility.

    R v Chiswell & Others [2013] Bournemouth Crown Court defended mortgage broker who was lead defendant in multi-handed, multimillion pound mortgage fraud.

    Southern Inshore Fisheries and Conservation v Carlin Boat Charter Limited [2012] EWHC 1359 Admin.
    Successful challenge, following Case Stated to Divisional Court, as to validity of fisheries bye-law made pursuant to Sea Fisheries Regulation Act 1996 on grounds of ultra vires/ irrationality/ illegality

    R v Michael Ranger [2012] Southwark Crown Court
    Successful prosecution of arms dealer brokering export of multi-million pound shipment of arms including ground to air missile systems from North Korea to Azerbaijan, contrary to Export Control Order 2008.

    R v Dhillon [2011] EWCA Crim 1455
    Historic and familial sexual abuse of children over 25 year period misdirection/mis-transcription of video evidence/ safety of conviction.

    R v B [2010]
    Prosecuting contravention of UN Embargo on trade in goods to Iran contrary to sanctions imposed to combat the Iranian nuclear proliferation program and the production of WMD, contrary to the Export Control (Iran) Order 2007.

    Dorset County Council v David Yeates House [2010] EWCA Crim 2270
    Cattle Database and Cattle Identification Regulations 1998/ Proper construction of regulation enforcing EC obligations/ Effect of repeal of EC Regulation on domestic regulations.

    R v Martin Donald Gumbrell [2009] EWCA Crim 550
    Bad Character/ Propensity/ Single incident not subject of conviction/ Obtaining pecuniary advantage by deception/ Confiscation.

    R v Roger George Doncaster [2008] EWCA Crim. 5, Crim. LR [2008] 709
    Bad Character/Cheating the Revenue/Admissibility of Evidence Obtained in Tax Enquiry in Criminal Proceedings/Applicability PACE Codes of Practice to Local Tax Inspectors/ Section 76 and 78 PACE

    R v SR and W [2006] All ER (D) 214, [2006] EWCA Crim 1404
    Expert Evidence/Admissibility/Childhood Amnesia/ Historic Sexual Abuse Allegations

    R v Beardall & Lord [2006] EWCA Crim 577
    Abuse of Process/Fresh Evidence/ Disclosure/Diversion Fraud.

Recommendations

Senior junior with a strong reputation for his skilful prosecutions on behalf of HMRC as well as other government bodies. He has expertise as a defender and prosecutor in all manner of tax cases, fraud and regulatory crime. He is particularly well versed with fisheries, animal and firearm cases.
Strengths: "He is very easy to work with and gives very good, sound advice."

Chambers UK 2018/Crime - Western (Bar) - Band 3

Recent work: Instructed by the CPS Specialist Fraud Division in relation to a multi-handed cyber repayment fraud case involving an international organised crime group.

Chambers UK 2017/Crime - Western (Bar) - Band 3

'An experienced junior who is instructed to act on behalf of both claimants and defendants in criminal cases relating to drugs, fraud, serious violence and arms trafficking offences.
Strengths: "He has a real capacity for hard work, an emphasis on polished, fluent advocacy and an effective courtroom style."'

Chambers UK 2016/Crime - Western (Bar) - Band 3

'...has a mixed prosecution and defence practice with particular expertise in fraud, drugs conspiracy cases and violent crime.
Expertise: "He is a great advocate, well suited to top-end, serious cases."'

Chambers UK 2015/Crime - Western Bar - Band 1 Set

'...a criminal practitioner with considerable experience of prosecuting on behalf of the CPS, HMRC and other government agencies. His expertise covers a range of regulatory crime and fraud.'

Chambers UK 2014/Crime - Western Circuit

‘He has a measured and influential manner before both the judge and jury.’

Legal 500 2017/Regional Bar - Western Circuit, Crime – Leading juniors

'Well known for fraud prosecutions'

Legal 500 2016/Regional Bar - Western Circuit, Crime – Leading juniors

'His practice includes fraud, drugs importation and serious violent and sexual offences cases'

Legal 500 2015/Regional Bar - Western Circuit, Crime – Leading juniors

'One of his strong suits is his prosecution work for HMRC in tax fraud cases'

Legal 500 2014/Western Circuit - Crime: Leading Juniors

‘highly regarded by the judiciary’

Legal 500 2013/Western Circuit - Crime.

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Academic qualifications

  • LLB (Hons) Southampton

Professional qualifications & appointments

  • Standing Counsel to Revenue & Customs Prosecution Office (Western Circuit)
  • Legal Assessor to the General Medical Council
  • Legal Assessor to Nursing and Midwifery Council
  • Grade 4 Serious Crime Group Panel
  • Grade 4 Fraud Panel
  • Grade 4 Rape and Serious Sexual Offences Panel
  • Grade 4 Proceeds of Crime Panel

Professional bodies

  • Criminal Bar Association
  • Western Circuit

Direct Access

Timothy Bradbury is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

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