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Home > Barristers > Tom Wainwright

Tom Wainwright

  • Call: 2003
Tom Wainwright
Legal 500 UK Awards 2015: Winner

‘Gets to the heart of the issues’ – Legal 500 2016

‘Cross-examines expert witnesses with considerable skill’ Legal 500

‘Never gives up on a case’ – Legal 500

A ‘terrier-like ability to unearth the weak points in the prosecution case’ – Legal 500

Background

Tom has always been a dedicated criminal defence Barrister, devoted to providing full and fearless representation.

Outside of work, Tom continues his support of those desperately in need of a strong defence in his following of Sheffield Wednesday FC and in captaining the Garden Court 5-a-side football team.

Practice

Tom has a formidable reputation as a passionate defender and a strong advocate. He is regularly instructed as Leading Junior Counsel in serious high-profile cases of significant complexity and legal importance. Tom is qualified under the ‘Public Access’ scheme and is able to take instructions direct from the public in appropriate cases.

Tom has a particular interest and experience in the following areas:

  • Protest Cases: As lead author on ‘The Protest Handbook’ Tom specialises in upholding protestors’ rights under Articles 8, 10 and 11 of the European Convention on Human Rights and challenging the excessive or unlawful use of force by police officers. Tom’s practice in this area includes high-profile cases such as the ‘Rotherham 12’, the ‘Occupy Parliament’ demonstrations, R v Caroline Lucas MP and R v Zac King and Alfie Meadows.
  • Serious Fraud and Confiscation: Tom has further brought his analytical and advocacy skills to bear on large scale complex frauds brought by the Serious Fraud Office, Trading Standards and the Department for Business, Innovation and Skills amongst others. He is particularly well-known for his expertise in confiscation proceedings and has co-authored ‘The Confiscation Manual’ – a practical guide to the proceeds of crime.
  • Criminal Appeals: Tom acted in R v Bassett, the leading case on the offence of voyeurism and R v Court, the leading case on the definition of ‘keeping a disorderly house’. He also appeared as Leading Counsel in R v McNally which dealt with the question as to whether alleged deception as to gender could nullify consent in sexual offences. Tom has a strong track record in having convictions quashed and sentences reduced where previous Counsel had advised there was no merit and where the Single Judge has refused leave. He is more than happy to take instructions pro bono in relation to the merits of making renewed applications. Tom is the current Treasurer for the Criminal Appeal Lawyers Association.

Notable Cases

Protest and public order cases

R v Saleem, Sheffield CC (2016)
Defendant was one of the ‘Rotherham 12’, all of whom were acquitted of violent disorder on the grounds that they were defending themselves following an attack on the Asian community in Rotherham, following a march by Britain First and other far-right groups.

Read the reports from the Guardian here, Channel Four News here, The Mail here and Socialist Worker here

R v GP, Lewes CC (2016)
Defendant acquitted of violent disorder after confrontation with members of the EDL. Cut-throat defence against the other six defendants, all of whom were participants in the right-wing ‘March For England’.

R v YI, Southwark CC (2015)
Defendant acquitted after a trial for violent disorder following her participation in the ‘Million Mask March’ in London on 5th November 2014.

‘Occupy Democracy’ City of Westminster MC (2015)
Together with Owen Greenhall, representing thirty protestors over a series of ten trials arising out of the ‘Occupy Democracy’ demonstrations in Parliament Square in Autumn 2014. A variety of charges involved leading to complex legal argument on a wide range of issues including Articles Ten and Eleven of the European Convention, challenges to the validity of the Parliament Square Byelaws and the definition of ‘sleeping equipment’ in the Police Reform and Social Responsibility Act 2011. Read the press coverage here.

Not a single demonstrator was convicted.

R v Lucas and others, Brighton MC (2014)
(Operation Mansell)

Representing Caroline Lucas MP and others charged with offences arising out of a peaceful sit-down demonstration, protesting against a fracking operation being set up outside the small village of Balcombe. Following a six day trial, not only were the Defendants acquitted of all charges but the District Judge went on to rule that the conditions imposed on the protest by the police were unclear, without proper foundation and unlawful.

Read the reports from The Guardian here and here, The Independent here, the Times here and the BBC here and here.

R v Zac King, Woolwich CC (2013)
On 9th December 2010, Alfie Meadows and Zac King were both struck on the head by police batons whilst peacefully protesting in Parliament Square against the exorbitant rise in tuition fees being introduced by the coalition government. Alfie was nearly killed by the blow. Both young men then found themselves charged with Violent Disorder and facing a Crown Court trial. Tom’s cross-examination of the Silver Commander challenged the Metropolitan Police’s decision to ‘kettle’ hundreds of schoolchildren until late at night in the middle of winter. After a four week trial, the jury returned within a short time to unanimously acquit both Defendants.

Read extracts from Tom’s cross-examination and closing speech here and here.
Read the New Statesman’s observations on the trial here and here.
Read the reports from The Independent here, The Guardian here and the BBC here.

R v Jahnke, Cambridge MC (2009)
Protestor who threw a shoe at Chinese Prime Minister, Wen Jiabao, acquitted.
Read reports in The Guardian (1 June 2009) here, The Guardian (2 June 2009) here and Time Magazine here.

Serious fraud, confiscation and regulatory

R v Xu, Southwark CC (2016 – 2017)
Led junior defending in a private prosecution brought by a large hedge fund against a former employee in relation to the loss of millions of pounds worth of confidential intellectual property. Prosecution were represented by two Queen’s Counsel, one junior Counsel, one corporate solicitors’ firm and one specialist prosecution firm. Case required detailed understanding of quantative analysis, computer coding and the use of Optical Character Recognition software.

R v JFB, Southwark CC (2016)
Acting for the main Defendant in two prosecutions for large-scale ‘boiler room’ and land-banking frauds. Total alleged loss said to be in the region of £9m.

HSE v Mooney, Southwark CC (2015)
Multiple Health and Safety breaches alleged in criminal proceedings brought by the Health and Safety Executive, arising out of numerous shortcomings on a construction site.

R v Maclean, Truro CC (2014)
Instructed as leading junior in multi-handed complex fraud brought by Department for Business Innovation and Skills. Representing architect alleged to have secured fraudulent investments for multi-million pound building developments throughout Cornwall.

R v Nobes, Salisbury CC (2013)
Complex confiscation proceedings arising out the Defendant’s convictions for 26 offences involving brothel keeping, living on the earnings of prostitution and money laundering over the course of approximately twelve years. Crown sought a confiscation order in the sum of £8.2m. Following a two week hearing, order made in the sum of £380,000.

R v Moran, Southwark CC (2013)
Two week contested confiscation hearing arising out of the importation of cannabis on an industrial scale. Benefit to the Defendant alleged to be in the order of £60m.

R v Advani, Croydon CC (2009-2011)
Large scale fraud dating back to 1984 arising out of the collapse of the Johnson-Matthey Bank. The size and scope of the original investigation was a significant impetus in the establishment of the Serious Fraud Office.

Appeal cases

R v VJ and others [2017] EWCA Crim 36
Representing three out of the six appellants, all of whom were victims of human trafficking, in a specially convened conjoined appeal considering the relationship between the pre-existing law and the Modern Slavery Act 2015, the law on duress and the role of the Competent Authority.

R v McNally [2013] 2 Cr. App. R. 28; [2014] Crim LR 3, 207-223; [2014] Crim LR 7, 492-510; Archbold §20-10
Leading authority on what can and cannot vitiate consent for the purposes of the Sexual Offences Act 2003. The young female appellant was alleged to have deceived another female into believing she was male prior to having sexual relations. Following an expedited hearing, the sentence of imprisonment was quashed and replaced with a suspended sentence leading to the appellant’s immediate release from custody.
Tom acted as Leading Junior in this very difficult and sensitive case.
Read article in New Statesman here.

R v Court and Gu [2012] 1 WLR 2260; [2012] 1 Cr. App. R. 36; Archbold §20-246
One prostitute, working by herself from an address and simply carrying out straight-forward sexual services was not sufficient to amount to the ancient common law offence of ‘keeping a disorderly house’.

R v Dale [2011] EWCA Crim 1675
Defence should have been allowed to call expert evidence to demonstrate that there was a body of opinion that cannabis assisted in the control of epilepsy. Conviction unsafe as a result and quashed.

R v Pimm [2009] All ER (D) 141; [2009] EWCA Crim 2019; Banks on Sentence 305.16
Partially severing the victim’s tongue was not ‘particularly grave’ harm for the purposes of the Sentencing Guidelines. Sentence reduced leading to appellant’s immediate release. Initially advising pro bono.

R v Bassett (2008) Crim LR 998; (2009) 1 Cr App R 7; (2009) 1 WLR 1032; Archbold §20-217
Leading case on the offence of voyeurism under section 67 and 68 of the Sexual Offences Act 2003. Conviction quashed by Court of Appeal who agreed that the reference to ‘breasts’ in s.68 does not include a man’s breasts. Defendant initially represented pro bono after leave to appeal refused by Single Judge.
Read reports in The Sun here, The Telegraph here and The Daily Mail here.

R v Eccleston and ors [2008] 2 Cr. App. R. (S.) 56; Archbold Sentencing Guidelines Supplement S-252
Applicability of Sentencing Guidelines Council Guidelines on Robbery to a pre-planned robbery of a large shop by three young people.

Serious crime

R v Thomas, Harrow CC (2016-2017)
‘Operation Kadu
Defendant acquitted of involvement in a large scale conspiracy to manufacture and transfer firearms revolving around a illegal gun factory in North London which supplied converted weapons to criminal gangs.

R v Sofroniou, Chelmsford CC (2015)
‘Operation Usurp’
Leading Junior acting for Defendant charged with conspiracy to supply Class A drugs across the Home Counties.

R v Igbokwe, Isleworth CC (2015)
Defendant charged with conspiracy to kidnap the manager of a Christian Laboutin shoe store.

R v SS, Wood Green CC (2015)
Mother acquitted of causing or allowing serious harm to her toddler. An extremely sensitive and complex case involving expert paediatric and neurological evidence.

R v Amin, Southwark CC (2013)
Trial of Defendant alleged to have, in 2006, assisted in disposing of the body of a young woman murdered by members of her family in a so-called ‘honour-killing’.
Tom was the Leading Junior in this difficult and serious case which was reported in the Telegraph here, the Daily Mail here, the Evening Standard here and ITV News here

R v Bacon and others, Sheffield CC (2012)
‘Operation Manifest’

Multi-handed conspiracy to supply cocaine and launder the proceeds of crime. Defendant alleged to be financier of large scale operation to supply controlled drugs in the South Yorkshire area.

R v West, Blackfriars CC (2011)
Defendant pleaded guilty to hitting a diner in a busy restaurant over the head with a wine bottle causing permanent scarring. Read reports in the Daily Mail here, the Telegraph here and the Mirror here.

Regina v Williams, Blackfriars CC (2010)
Defendant acquitted of serious assault on the basis that the smoking cessation drug Varenicline may have combined with alcohol to produce a state of automatism.
Read report in The Daily Mail here and The Metro here.

Publications and appearances

TransJustice Conference
(Garden Court in association with City University and Birkbeck, May 2016)
Co-ordinator and speaker at conference on challenges faced by trans and gender non-conforming people in the criminal justice system.

‘The Confiscation Manual’
(Sweet and Maxwell – published September 2015)
Co-Author of this practical guide to confiscation proceedings, providing a comprehensive yet accessible explanation of the law relating to the proceeds of crime.

‘Sexual Offences’
(LexisNexis Live webinar – available here)

‘Fracking: The Protests and the Court Cases’
(Haldane Society Human Rights Lectures 2014 – available here)

‘Ancillary Orders for Financial and Corporate Crime’
(Webinar for ThomsonReuters – available here)

‘Policing the Neoliberal University’
(Defend the Right To Protest Public Event 2014)

‘Civil disobedience’; ‘Demonstrations: police rights and duties’
(Westlaw Insight Database)

‘No Defence: Miscarriages of justice and lawyers’
(The Justice Gap – June 2013)

‘Protest Law: What Every Protestor Should Know’ (2012); ‘Protest Law: Update’ (2014)
Two two-part podcasts for www.cpdcast.com

‘Five pieces of law every protester should know’
www.guardian.co.uk – 1st May 2012

‘The Protest Handbook’ – Wainwright, Morris, Craig and Greenhall
(Bloomsbury Professional Publishing – April 2012)
Co-author on the guide to all aspects of protest law from police powers to criminal proceedings, from occupations to civil actions.

‘Blackstones Guide to the Criminal Justice and Immigration Act 2008’ – Co-Author
(OUP. Published February 2009)

Tom has also delivered talks for City University Law School, the Kent University Critical Law Conference and the Royal College of Art.

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