Rajiv Menon QC

Year of Call: 1993 | Year of Silk: 2011

"Fearless when it is required."

Legal 500, 2019

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Rajiv Menon QC has 25 years of experience and expertise in a wide range of serious, complex and high profile cases. His primary area of work is criminal defence, both at trial and appellate level.

Rajiv also specialises in related areas of criminal justice including inquests, inquiries, extradition, regulatory law, police actions, criminal judicial review and ECHR applications. He was appointed Queen's Counsel in 2011.

Rajiv is particularly interested in cases involving human rights violations, miscarriages of justice, political protest and the abuse of power by the state.

He is ranked for crime in the Legal 500 and Chambers & Partners.

Criminal Defence

Overview

Rajiv's criminal practice covers the entire spectrum of criminal law including murder, terrorism, public order, drug trafficking, armed robbery, fraud and money laundering. He has defended in over 30 murder and 20 terrorist cases.

Rajiv has also acted for many political activists and protestors, including those involved in anti-nuclear, anti-war, anti-fascist and environmental campaigns, and for those facing extradition in a number of important cases, both at first instance and on appeal.

Notable Cases

Terrorist cases

R v Haque & others (2018) - Old Bailey - Represented A Mamun - Case involving alleged attack planning in UK

R v Abdallah (2017) - Old Bailey - Represented M Abdallah - Case involving Syria and membership of Islamic State

R v Ali & others (2017) - Old Bailey - Represented K Hussain - "Three Musketeers" case involving an alleged terrorist plot to kill in the UK

R v Abdalla & Diini (2015-2016) - Old Bailey - Represented A Abdalla - Case involving preparatory terrorist acts & Syria

R v Abdallah & Gray (2016) - Woolwich Crown Court - Represented A Abdallah - Case involving preparatory terrorist acts & Syria

R v Shaukat & others (2016) - Old Bailey - Represented A Shaukat - Case involving preparatory terrorist acts & Syria

R v Khan & others (2013) - Woolwich Crown Court - Represented A Hussain - Case involving preparatory terrorist conduct, namely a planned armed attack on an English Defence League rally in Dewsbury

R v Iqbal & others (2013) - Woolwich Crown Court - Represented S Hussain - Case involving preparatory terrorist acts

R v Chowdhury & others (2012) - Woolwich Crown Court - Represented G Desai - Case involving preparatory terrorist conduct namely a planned detonation of an explosive device at the London Stock Exchange

R v Yusuf (2010) - Old Bailey - Retrial for possession of documents likely to be of use to terrorists - Represented M Yusuf who was acquitted when prosecution offered no evidence following 2nd hung jury

R v Mohamed & Yusuf (2009) - Kingston Crown Court - Case involving use of anti-terrorist legislation to prosecute supporters of armed liberation struggle in Somalia against foreign occupying army - Represented M Yusuf who was acquitted of dissemination of terrorist publications and terrorist fundraising

R v Siddiqui & others (2010) - Old Bailey - Represented AN who was acquitted of conspiracy to breach control order obligations

R v Baluch & Marri (2009) - Woolwich Crown Court - Case involving use of anti-terrorist legislation to prosecute supporters of armed liberation struggle in Balochistan against repressive regime - Represented H Marri who was acquitted of inciting terrorist murder & preparatory terrorist acts

R v Tabbakh (2008) - Birmingham Crown Court - Represented H Tabbakh - Case involving preparatory terrorist acts & what constitutes explosive capacity

R v Bullivant (2007) - Old Bailey - Represented C Bullivant who was acquitted of breach of control order obligations on grounds of reasonable excuse

R v Tsouli & others (2007) - Woolwich Crown Court - Represented T Al-Daour - Case involving incitement of terrorist murder and conspiracy to defraud

R v Khyam & others (2006-2007) - Old Bailey - Operation Crevice "fertiliser" trial that lasted over a year - Represented S Mahmood who was acquitted of conspiracy to cause explosions

R v Rowe (2005) - Old Bailey - Represented A Rowe - Case involving possession of articles for terrorist purposes

R v Kalayci & others (2004) - Kingston Crown Court - Represented A Kalender - Prosecution for terrorist fundraising & membership of Turkish proscribed organisation stayed on grounds of abuse of process

Other recent criminal cases

R v Quinn (2019) - Northampton Crown Court - Murder

R v H (2018) - Old Bailey - Murder

R v Thomson (2018) - Luton Crown Court - Motor homicide

R v Ali (2017) - Birmingham Crown Court - Attempted murder

R v Khan (2016) - Bradford Crown Court - Murder

R v Christian (2016) - Maidstone Crown Court - Double murder

R v Holub (2015) - Leicester Crown Court - Murder

R v Kumarathas (2014) - Southwark Crown Court - £130 million Bureau de Change money laundering

R v Williams (2013) - Birmingham Crown Court - Double murder

R v Maynard (2013) - Old Bailey - Murder

R v Marshall (2013) - Birmingham Crown Court - Conspiracy to import & supply cocaine

R v Naja (2013) - Wolverhampton Crown Court - Manslaughter

R v Ennis-Simpson (2012) - Old Bailey - Double murder

R v Young (2012) - Birmingham Crown Court - Murder

R v Moles (2011) - Old Bailey - Murder

R v Robinson (2011) - Old Bailey - Murder

R v Johnson (2010) - Winchester Crown Court - Double murder

R v Brown (2009) - Winchester Crown Court - Murder

Recent extradition cases

Ragul & Nadarajah v Azerbaijan [2013] ECHC 2000 (Admin) - Appeals dismissed - Court held that extradition was neither oppressive nor human rights incompatible

Zdinjak v Croatia [2012] ACD 95 - War crimes case - Appeal allowed due to breach of double jeopardy principle, client having been convicted twice of different offences founded on substantially same facts

Ragul & Nadarajah v Azerbaijan [2012] ACD 116 - Court held that appellants should be granted extension to file and serve notices of appeal out of time where lateness solely due to miscalculation of statutory time limits by solicitor

Bulla v Albania [2010] EWHC 3506 (Admin) - Armed robbery case - Appeal allowed as unclear whether client who was convicted in absentia would receive retrial if extradited

Mauritius v Appasamy (2009) - Multimillion pound fraud, money laundering and corruption case - Court held that extradition would be unjust and oppressive due to client's mental condition

Albania v Mustafaj (2009) - Attempted murder & firearms case - Court held that extradition would be oppressive due to passage of time and would breach client's rights under article 3 of ECHR

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Inquests and Inquiries

Overview

Rajiv has acted for the families of the deceased at a number of contentious inquests, including those into the deaths of Mikey Powell, Paul Coker, Adam Rickwood, Julian Webster and Meirion James.

Rajiv is counsel for Behailu Kebede at the on-going Grenfell Tower Inquiry into the high-rise residential fire that killed 71 people in the largest loss of life in domestic premises in the UK since the Second World War. The fire started in Mr Kebede's kitchen.

Rajiv was leading counsel for ten of the bereaved families at the new inquests into the deaths of 96 Liverpool football supporters who died at Hillsborough stadium in 1989. The inquests were the longest jury proceedings in British legal history. The jury concluded that the 96 men, women and children who died were unlawfully killed as a result of the gross negligence of the match commander, Chief Superintendent Duckenfield. Rajiv questioned over 75 witnesses including Mr Duckenfield at the inquests on behalf of 77 of the bereaved families.

Earlier in his career, Rajiv was junior counsel for Dwayne Brooks at the Stephen Lawrence Inquiry. Dwayne was the principal eyewitness and surviving victim of the racist attack that killed Stephen Lawrence. This Inquiry was a landmark event in the history of race relations in the UK, given its condemnation of institutional racism within the police service.

Notable Cases

Inquest into death of Meirion James (2019) - Pembrokeshire Coroner's Court - Jury found that Meirion, who was suffering from bipolar disorder, died of positional asphyxia as a result of excessive restraint by police officers.

Grenfell Tower Inquiry (2018) - Holborn Bars - On-going Public Inquiry into the fire in June 2017 that resulted in the largest loss of life to fire in residential premises in the UK since the Second World War

Hillsborough Inquests (2014-2016) - Birchwood Park, Warrington - Jury found that 96 Liverpool football supporters were unlawfully killed as a result of gross negligence of match commander, Chief Superintendent Duckenfield - Jury also found that Liverpool football supporters did not cause or contribute to disaster

Inquest into death of Julian Webster (2012) - Manchester Coroner's Court - Jury found that effects of restraint by door security staff outside nightclub significantly contributed to Julian's death

Inquest into death of Adam Rickwood (2011) - Durham Coroner's Court - Adam was youngest child to die in custody in modern times, aged only 14 - Jury returned damning narrative verdict, condemning every institution involved in Adam's care including SERCO, Youth Justice Board & prison service

Inquest into death of Paul Coker (2010) - Southwark Coroner's Court - Jury found that Paul died of variant of excited delirium & returned narrative verdict criticising police training on excited delirium, inadequate communication & pooling of information & failure of FME to carry out adequate medical assessment

Inquest into death of Mikey Powell (2009) - Birmingham Coroner's Court - Jury found that Mikey died of positional asphyxia in police van, rejecting alternative cause of death, namely that Mikey died of exertional sudden death associated with his sickle cell trait

Stephen Lawrence Inquiry (1998) - Public Inquiry into the racist murder of Stephen Lawrence in April 1993

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Criminal Appeals

Overview

Rajiv's appellate practice covers a wide range of interlocutory and substantive applications and appeals. He is committed to the pursuit of innovative arguments that convictions are unsafe and sentences are manifestly excessive.

Notable Cases

R v Abdallah, Shaukat & others [2017] 1 WLR 1699 - Appeal against sentence in series of cases involving preparatory terrorist acts and Syria

R v AA & MD [2016] EWCA Crim 7 - Interlocutory appeal of ex parte ruling on disclosure, public interest immunity & use of "neither confirm nor deny"

R v L, R, S & E [2012] EWCA Crim 2611 - Interlocutory appeal on fairness of identification procedure where identical twins were both suspects

R v H [2012] EWCA Crim 525 - Interlocutory appeal in which stay for abuse was upheld due to legal uncertainty about whether powdered bark & dried cacti containing Class A drugs amounted to preparations or products under Misuse of Drugs Act 1971

R v AY [2010] 1 WLR 2644 - Interlocutory appeal on ambit of reasonable excuse defence in terrorist cases & whether it can extend to intended use of military information for lawful defence of others

R v Tabbakh [2010] Crim LR 79 - Appeal on what can properly be taken into account when deciding whether defendant with mental condition should receive adverse inference direction under s35 of Criminal Justice & Public Order Act 1994

R v Akintayo [2008] EWCA Crim 3040 - Sentence of imprisonment for public protection reduced to determinate sentence

R v Jones [2008] EWCA Crim 3317 - Sentence of life imprisonment reduced to sentence of imprisonment for public protection

Attorney General's References (Nos. 85, 86 & 87 of 2007) [2008] 2 Cr App R (S) 45 - Appeal on appropriate sentences to be passed for incitement of terrorist murder through internet websites & chat forums

R v Rowe [2007] QB 975 - Appeal on availability of self-defence in terrorist cases & ambit of s57 & s58 of Terrorism Act 2000

R v Anderson & Norris [2006] EWCA Crim 738 - Appeal on whether there can be possession of firearm with intent to endanger life where firearm is unloaded

R v Quayle & others [2005] 2 Cr App 34 - Appeal on availability of necessity defence to those who use or supply cannabis for medicinal purposes

R v Reid & others [2002] 1 Cr App R 21 - Appeal on admissibility of psychiatric reports ordered by court in cut-throat murder trial

R v Lambert, Ali & Jordan [2002] QB 1112 - Appeal on whether reverse legal burden on defendant to prove diminished responsibility in murder trial is compatible with presumption of innocence under article 6(2) of ECHR

R v Davis [1998] Crim LR 564 - Appeal on whether screwdriver is bladed article in law

R v Roble [1997] Crim LR 449 - Appeal on how legal advice to remain silent when questioned could prevent adverse inference direction under s34 of Criminal Justice and Public Order Act 1994

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Administrative and Public Law

Reported judicial reviews

R (Webster) v CPS [2014] EWHC 2516 (Admin) - Judicial review of CPS decision not to prosecute - Divisional Court quashed decision not to prosecute for unlawful act manlaughter & ordered CPS to review matter afresh

Thomas & Stubbs v Central Criminal Court [2007] 1 WLR 3278 - Judicial review on how to approach lack of due diligence when challenging decision to extend custody time limits

R (Gillan & Quinton) v Metropolitan Police Commissioner & Home Secretary [2006] 2 Cr App R 36, HL - Judicial review of use of arbitrary stop & search powers under Terrorism Act 2000 against political protestors & journalist

Hasani v Blackfriars Crown Court [2006] 1 WLR 1992 - Judicial review on procedure to adopt when defendant found unfit to plead becomes fit prior to disposal

Percy v DPP [2002] Crim LR 835 - Appeal by way of case stated on whether public order conviction for standing & writing on American flag is compatible with right to freedom of expression under article 10 of ECHR

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Claims Against the Police and Public Authorities

Rajiv has been instructed on behalf of Claimants in over a hundred police actions. Many of these cases involved allegations of racism and/or malicious prosecution.

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Background

Before becoming a barrister, Rajiv spent an exhilarating three years working for Newham Monitoring Project, an anti-racist campaigning organisation that provided legal advice and practical support to victims of racial and police harassment in east London.

Rajiv is a Trustee of INQUEST and convenes Garden Court's Special Fund that has donated over £1.5 million to campaigning organisations and charities working in the fields of civil liberties and social justice.

Awards

Rajiv won the Criminal Lawyer of the Year award at the Society of Asian Lawyers Awards in 2011.

Rajiv was part of the Garden Court Hillsborough team that won the Outstanding Achievement award at the Legal Aid Lawyer of the Year Awards in 2016.

Rajiv was awarded an honorary doctorate in law by the University of Law in 2017.

Latest News

Rajiv Menon QC delivers closing statement to Grenfell Inquiry

Rajiv Menon QC is representing Behailu Kebede and is instructed by Rubin Italia of Duncan Lewis Solicitors.

12 December 2018

Hillsborough match commander David Duckenfield to go on trial for manslaughter by gross negligence

The trial of Mr Duckenfield is currently listed to start on 10 September.

29 June 2018

Rajiv Menon QC delivers opening statement for Behailu Kebede at Grenfell Inquiry

Rajiv Menon QC is representing Behailu Kebede and is instructed by Rubin Italia of Duncan Lewis Solicitors.

7 June 2018

Garden Court Special Fund awards over £300,000 to organisations working to defend civil liberties, human rights and social justice

Over the last 30 years Garden Court's Special Fund has donated in excess of £1.5 million to organisations doing legal campaigning or charitable work in defence of civil liberties and social justice. 

22 May 2018

Hillsborough Review backs ‘Hillsborough Law’

Seventeen barristers from Garden Court Chambers were involved in the Hillsborough inquests, representing 80 families of those who died.

1 November 2017

Hillsborough disaster: criminal charges against six people

Seventeen barristers from Garden Court Chambers represented 80 families at the Hillsborough inquest.

29 June 2017

Garden Court and Stephanie Harrison QC shortlisted for Human Rights and Public Law awards

Garden Court has been shortlisted at the Chambers Bar Awards, whilst Stephanie and our Public Law Team are shortlisted at the Legal 500 Awards.

21 October 2016

Garden Court Chambers recognised for “outstanding achievement” following Hillsborough inquests

Garden Court Chambers Hillsborough inquest team wins Outstanding Achievement Award at Legal Aid Lawyer of the Year Awards 2016.

8 July 2016

Hillsborough inquest concludes 96 fans were unlawfully killed

Garden Court Chambers represented 77 families at the inquests.

26 April 2016

Chambers UK Bar Guide ranks Garden Court in Band 1

Garden Court Chambers recognised as a leading set for immigration, social housing, civil liberties, police law, Court of Protection, crime and inquests and public inquiries.

30 October 2015

Garden Court wins Legal 500 crime set of the year award

The winners in these awards are chosen by the Legal 500 as a result of thousands of interviews with firms, sets and counsel.

8 October 2015

Judge tells prosecutors to review case of Julian Webster’s death

Rajiv Menon QC and Tom Stoate successfully challenge CPS decision not to prosecute

13 May 2014

Garden Court Chambers ranked Band 1 in Chambers UK 2014

We are once again delighted to have been ranked as a leading set by Chambers and Partners in the Chambers UK 2014 directory.

31 October 2013

18 Garden Court barristers instructed on Hillsborough Inquest

Garden Court Chambers are pleased to announce that 18 Garden Court barristers have been instructed on the Hillsborough inquest.

18 October 2013

Garden Court Crime Team members defend EDL bomb plotters

Rajiv Menon QC, Pete Weatherby QC, Hossein Zahir, Terry Munyard and Anna Morris have acted to defend five of the six men accused of plotting to bomb a rally staged by the far right English Defence League.

11 June 2013

Henry Blaxland QC, Rajiv Menon QC, Terry Munyard, Anna Morris and Hossein Zahir in terrorism cases

Henry Blaxland QC, Rajiv Menon QC and Hossein Zahir appeared for defendants doing acts in preparation of terrorism.

30 April 2013

Garden Court barristers recognised in Black Letter Law directory

Garden Court Chambers was delighted to learn that a record number of members of Chambers have been identified in the latest edition of Black Letter Law Directory. In total, 12 barristers have been highlighted for being in the news or as notable practition

15 January 2013

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Education

  • BA History (Dartmouth)
  • MSc Social Anthropology (LSE)
  • CPE (College of Law)

Professional Membership

  • Criminal Bar Association
  • Haldane Society of Socialist Lawyers
  • Inquest Lawyers Group
  • Police Action Lawyers Group

We are top ranked by independent legal directories and consistently win awards

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