James McCrindell

PROFILE

• In practice exclusively as a criminal defence barrister since being called to the bar in 1993.
• Extensive experience of defending individuals accused of the whole range of criminal offences at every stage of criminal proceedings.
• Can always be approached by solicitors at any stage of a case for advice.
• Often instructed in cases at an early stage to ensure continuity of representation and good case preparation.

HOMICIDE AND SERIOUS VIOLENCE

• Successfully defended juvenile accused of murder with a sub machine gun in case investigated by Operation Trident as led junior.
• Currently instructed in two cases alleging offences of murder.
• Defended as junior alone in cases alleging offences of attempted murder.
• As a leading junior successfully defended individual accused in multiple defendant kidnap for ransom case investigated by Scotland Yard’s specialist kidnap unit.
• Defended in many serious assault cases.

SEXUAL OFFENCES

• Defended in many cases involving serious sexual offences including “stranger rape” and cases involving historic allegations of sexual abuse.
• Defended in complex trial which concerned allegations of sexual abuse which arose within a family where the evidence disclosed an extensive history of inter generational abuse by a number of family members.
• Successfully defended an individual in four week trial which concerned allegations of human trafficking for the purposes of prostitution.
• Successfully defended a care worker accused of sexual offences where James conducted all of his cross examination of the complainant via an intermediary.
• Defended in a number of cases alleging sexual offences involving learning disabled defendants and learning disabled alleged victims.
• Experience of defending in cases involving allegations of possessing, distributing and making indecent images of children
• Prevented an application by the Metropolitan Police for a Sexual Offences Prevention Order on the grounds that his learning disabled client did not have the capacity to participate in legal proceedings.

ROBBERY AND FIREARMS

• Defended in all kinds of robbery case including robberies involving the use of firearms and large scale multi defendant conspiracies.
• Defended in cases involving allegations of armed robbery investigated by Scotland Yard’s Flying Squad.
• Defended in multiple defendant case involving youths accused of possession of sub machine guns with intent to endanger life investigated by Operation Trident.
• Defended in a wide range of cases involving the use and possession of firearms.

SERIOUS FRAUD AND ORGANISED CRIME

• Has been instructed in many major serious fraud and money laundering cases including Very High Cost Cases [VHCC’s].
• Defended in major prosecutions brought by the Serious Fraud Office, the Department of Trade and Industry, the Department of Work and Pensions and Revenue and Customs.
• Successfully defended individual employed by Department of Work and Pensions in 2 month trial concerning allegation of conspiracy to defraud by Department of Work and Pensions employees by manipulation of computer systems.
• Defence counsel in major multi defendant conspiracy to defraud investigated by Scotland Yard’s Financial Anti Terrorism Unit.
• Defended lead defendant in Operation Maxim, a major forged passport factory case jointly investigated by Border Agency and Metropolitan Police.
• Defended one of lead defendants in multiple defendant case involving conspiracies to supply Class A drugs, burgle and handle high value stolen motor vehicles arising from Metropolitan Police undercover infiltration of organised criminal networks.
• Instructed on behalf of individuals in cases arising from Metropolitan Police Operation Rize which concerned raids on safe deposit centres.
• Experienced in defending individuals who face confiscation proceedings. Succeeded in preventing the confiscation of the assets of a limited company of which his client was sole director on the grounds that the “corporate veil” had not been pierced.  

DRUGS

• Instructed in many cases concerning the supply and importation of controlled drugs including cases investigated by the Serious Organised Crime Agency, Operation Trident and Revenue and Customs.  
• Defended owner of Britain’s first cannabis café, the Dutch Experience, in high profile 4 week trial in Manchester where the defence advanced the defence of medical necessity.
• Defended in major multi defendant cocaine importation conspiracy involving “airside” staff at Heathrow airport as led junior.

PUBLIC ORDER

• Defended in many public order cases, including cases that have arisen in the context of political protest.
• Defended in public order cases which have arisen in context of the Notting Hill Carnival, football tournaments, May Day protests and the Anarchist Book Fair.
• Instructed in cases alleging offences of violent disorder arising from the widely publicised eviction of travelers from Dale Farm.
• Defended in a number of cases involving offences of violent disorder, arson and looting arising from the London Riots of August 2011. Successfully defended an individual accused of looting who alleged mistreatment by riot police.

DRIVING OFFENCES

• Experience of defending individuals in whole range of cases from minor motoring offences to causing death by dangerous driving.
• Successfully defended individual accused of causing death by careless driving.

PRISON LAW

• Member of 1 Pump Court Prison Law Team.
• Instructed in Parole Board and Prison Adjudication hearings.  

JUDICIAL REVIEW

• Counsel for the Applicant in R v Miah ex parte Snaresbrook Crown Court , a widely cited authority, according to the editors of Criminal Law Week 01/09/08, on the subject of custody time limits. In this case, the Divisional Court held that routine listing difficulties could not be used to justify the extension of a custody time limit and consequently the Applicant was automatically released on bail following the expiration of the custody time limit.

CRIMINAL APPEALS

• Considerable experience of advising on and conducting criminal appeals having conducted many cases before The Court of Appeal.
• Appeal cases have concerned a whole range of issues including cases involving “fresh evidence” and investigations conducted by the Criminal Cases Review Commission.
• Advises prisoners in cases where he has no previous involvement on making “out of time” appeals.

REPORTED CASES

• Matthews [2011] EWCA Crim 2011 successful out of time appeal reducing length of unlawful extended sentence for public protection.
• Aniakor [2011] EWCA Crim 527 case arising from police operation seizing criminal property held in cash deposit boxes.
• O’Leary [2010] EWCA Crim 3199 case which concerned totality of sentence in respect of offender sentenced for offences of conspiracy to supply drugs and conspiracy to handle stolen goods. 
• Hamer [2010] WLR (D) 235 and Archbold Review 4 November 2010 this case held that a fixed penalty notice issued pursuant to s.2 of the Criminal Justice and Police Act 2010 was not a conviction, admission of guilt, proof that a crime had been committed or a stain on the defendant’s character, and therefore could not be regarded as evidence which impugned the character of the defendant or admitted as such.      
• Hanson [2009] EWCA Crim 1554 appeal against sentence of detention for public protection for firearms offences.  
• Denny [2009] EWCA Crim 1323 sentence of 30 months imprisonment halved to one of 15 months imprisonment for assault and bladed article offences by reference to sentencing guidelines.
• Mitchell [2008] [EWCA] Crim 308 case of attempted robbery of brothel and gang rape which considered the extent to which the Crown could reexamine a witness on matters which did not arise from cross examination.
• Ferguson [2008] EWCA Crim 2483 case concerning length of tariff imposed for grievous bodily harm offence for detention of public protection.
• Hirst [2007] EWCA Crim 1468 15 month sentence of imprisonment for 17 offences of possession of indecent images reduced to community order and sexual offences prevention order.
• Tryell [2005] EWCA Crim 3678 a case where convictions were quashed and a retrial ordered following investigations by the Criminal Cases Review Commission which concerned the possibility of jury bias and the calling of fresh evidence.
• Toothill [2005] EWCA Crim 2777 extended 5 year licence period further to a 9 year prison sentence quashed given lengthy prison term imposed.
• Duggan [2006] 1 Cr. App. R. 3 a case involving a number of appeals which considered a variety of issues relating to the use of bad character evidence and which gives guidance on how juries should be directed in respect of bad character evidence.
• Lehal [2005] EWCA Crim 309 appeal against sentence concerning affray involving use of knife and axe in public place.
• Vafardar [2004] EWCA Crim 2842 6 year prison sentence for robbery reduced to one of 5 years imprisonment.
• Mohammed [2004] All ER (D) 540 (Mar) dealt with the issue of the validity of a defective indictment in respect of a conspiracy to defraud which concerned “skimming” credit card numbers.
• Nordine [2002] EWCA Crim 2338 a case which concerned the length of sentence for offences concerning assaults on public servants and the principle of totality of sentence.
• Grayson [2002] EWCA Crim 822 a case involving an offence of arson during May Day demonstrations in London which considered the issue of disparity of sentence.
• Burton [2002] 2 Cr. App R. 24 an appeal against sentence in international bond fraud case prosecuted by the Serious Fraud Office which dealt with issues relating to the calculation of extradition remand time.
• Joseph [2001] 2 Cr. App. R. (S.) appeal against sentence which concerned the long term detention of a 14 year old convicted of an offence of knifepoint street robbery.
• Kemp [2001] EWCA Crim 626 appeal against sentence resulting in reduction of length of prison sentence for an offence of possession of heroin with intent to supply.
• Faal (1999) Crim L.R. 833 convictions for offences of supplying crack cocaine to an undercover police officer quashed because of wrongful admission of cash found on defendant on arrest and wrongful admission of rebuttal evidence called by prosecution after defendant had given evidence.
• Gallagher 02/20/05 Criminal Law Week. This was a first instance decision which was reported because as a result of arguments advanced by the defence, the Crown Court ruled that the failure of the Crown Prosecution service to serve their case within time limits meant that the Criminal Proceedings were a nullity.

OTHER INFORMATION

• Speaker at seminars conducted for solicitors on criminal law and practice on subjects where he has particular expertise including DNA, bad character evidence, dangerous offenders, drafting defence statements and advocacy in criminal trials.
• Criminal advocacy tutor at The College of Law
• Registered as a Pupil Barrister Supervisor
• Fluent French speaker

MEMBERSHIPS

• Criminal Bar Association
• Member of Legal Services Commission Very High Cost Cases [VHCC] Appeals Panel
• Honourable Society of the Middle Temple - Benefactors Scholar and Blackstone Major Entrance Exhibitioner

Last updated May 2012