Andrew Bird

Qualifications and Appointments

MA (Cantab), Trinity Hall, Cambridge: 1986
Year of Call: 1987
Examiner of the High Court: 2000
Standing Counsel to the RCPO: 2005
Standing Counsel to the DWP: 2008
Grade IV Prosecutor (CPS London): 2008

Practice

Andrew has a specialist practice in the following areas:

• The prosecution of serious organised crime, fraud, money-laundering and other white collar crime
• Advocacy and advisory work in regulatory and technical crime: financial services, reporting of suspicious transactions, medicines and MHRA, local authority prosecutions, health and safety, trading standards, illegal money-lending and wildlife crime
• Asset Forfeiture both criminal (confiscation, restraint and receivership) and civil (civil recovery, Customs condemnation and cash forfeiture)
• Judicial Review and civil litigation relating to the criminal process (search warrants, production orders, actions against the police)

What Others Say...

Andrew is ranked as a Leading Individual (Band 1) in POCA work and Asset Forfeiture in Chambers & Partners 2012:
"He is the master of clear explanations"; "superb in prosecutions."
He was ranked as a Leading Individual (Band 2) in the same field in Chambers & Partners 2011 "Mr Cash Forfeiture"

Professional Memberships

Criminal Bar Association
Proceeds of Crime Lawyers' Association
South-Eastern Circuit

Languages

French (basic)

Pupil supervisor

Yes

Appointments

• Examiner of the High Court (2001)
• Standing Counsel to Revenue and Customs Prosecutions Office (2005)

Special Practice Areas

• Crime
• Fraud
• Asset Forfeiture & Confiscation
• Regulatory
• Health & Safety

Cases of Note

• Re A; CCE v A [2003] 2 All ER 736 - approach of court when confiscation enforcement proceedings are in conflict with matrimonial proceedings involving an innocent wife
• R (Hoverspeed) v CCE [2003] QB 1041- Judicial Review of HMRC search and seizure policies in relation to alcohol and tobacco importations; impact of EU Legislation
• R (Newbury) v CCE [2003] 1 WLR 2131 - ECHR implications of condemnation and forfeiture; proportionality
• R (Mudie) v Kent Magistrates Court [2003] 2 All ER 631 - condemnation is civil not criminal; availability of legal aid
• R (CC of Lancashire) v Burnley MC [2003] EWHC 3308 (Admin) - whether it was an abuse of process to apply for forfeiture of cash following a failed detention application
• R v Montila [2004] 1 WLR 3141 - Leading House of Lords case on the elements of money-laundering offences under the Criminal Justice Act 1988 and Drug Trafficking Act 1988
• R (Sissen) v Newcastle Crown Court [2004] EWHC 1905 (Admin) - Judicial Review of condemnation of endangered species
• ARA v He & Chen [2004] EWHC 3021 (Admin) - ECHR compatibility of civil recovery and interim receiverships
• Muneka v CCE [2005] EWHC 495 (Admin) - elements and means of proof in cash forfeiture applications
• R v Payton [2006] EWCA Crim 1226 - relationship between parallel criminal and civil (cash forfeiture) proceedings - approach to be adopted
• R v UMBS Online Limited; R v P [2007] EWCA Crim 3128 - POCA Restraint Orders; release of funds for legal expenses; compatibility with Convention Rights
• R v B [2008] EWCA Crim 1374 - need for evidence of dissipation risk in application for Restraint Order
• R v F & B [2008] EWCA Crim 1868 - means of proof in money-laundering prosecutions
• R (Mercury & Masters) v Leeds Crown Court and HMRC [2008] EWHC 2721 (Admin); [2009] STC 743 - Judicial Review of search warrants; whether reasonable grounds for believing that tax mitigation scheme amounted to an offence; full and frank disclosure.
• R (Faisaltex & others) v Preston Crown Court, Chief Constable of Lancashire Constabulary and HMRC [2009] 1 WLR 1867 - judicial review of PACE search warrants and special procedure warrants; treatment of computers which contain both relevant and irrelevant material
• R v Allpress, Symeou and Morris [2009] EWCA Crim 8; [2009] 2 Cr App R (S) 58 - how benefit is to be calculated for the purposes of confiscation in money-laundering cases
• HMRC v Pisciotto [2009] EWHC 1991 (Admin) - admissibility of evidence in cash forfeiture cases
• R v Shabbir Hussain [2010] EWCA Crim 970 - whether possession in the UK of Class C controlled drugs with intent to supply them abroad amounts to an offence under the Misuse of Drugs Act 1971
• R v White, Dennard, Perry & Rowbotham [2010] EWCA Crim 978 - proper approach to benefit in confiscation cases involving tobacco smuggling; liability to pay excise duty; impact of EU Legislation
• R v David John Wain (Reading Crown Court, November 2010) - Innovative prosecution following SOCA investigation of supplier of cutting agents and "legal high" drug GBL.
• R v UMBS Online Ltd (Southwark Crown Court, February 2011) - Prosecution of online bank for fraudulent trading and money-laundering
• Angus v UKBA [2011] EWHC 461 (Admin) - what has to be proved in cash forfeiture applications (departing from Muneka - above)
• R v Walker [2011] EWCA Crim 103, [2011] 2 Cr App R (S) 54 - whether interest of potential beneficiary under discretionary trust is "property" for the purposes of confiscation
• R (Windsor & Hare) v HMRC [2011] EWHC 1899 (Admin) - nature of relief and retention by investigators of copies when search war rants are quashed