Mark Mullins

Year of Call: 1995

Mark is an experienced criminal and immigration barrister. He is often instructed in serious and complex cases and has prosecuted multi-million pound multi-handed tax frauds, large-scale class A drug smuggling cases and general crime. Mark’s immigration practice is wide-ranging and involves appellate representation from the First Tier Tribunal through to the Court of Appeal.

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Overview

Mark’s practice is split between crime and immigration. He is a grade 4 Crown Prosecution Service (CPS) prosecutor, and is therefore often instructed in serious and complex cases.  Mark has prosecuted multi-million pound and multi-handed tax frauds, large-scale class A drug smuggling cases and general crime.

Mark's defence work mainly involves road traffic cases, often involving technical points of law and legal argument. Mark is also instructed in private prosecution cases.

Mark’s immigration practice is wide-ranging and involves appellate representation from the First Tier Tribunal through to the Court of Appeal. He has been involved in a number of country guidance cases over the years. He has substantial judicial review experience involving both immigration and criminal matters. Mark has a particular interest in public law and criminal issues relating to Christian belief.

Professional panel appointments

  • Grade 4 Crown Prosecution Service (CPS) prosecutor.

Additional information

Direct Public Access

  • Mark accepts Direct Public Access instructions.

Professional Memberships

  • Criminal Bar Association.

Crime

Mark has extensive experience of general criminal work and has particular expertise in both drug and cigarette smuggling prosecutions.

Immigration

Mark has appeared in Immigration Tribunals in all aspects of immigration law. Mark has High Court experience preventing removals and Court of Appeal experience challenging the lower tribunals.

Judicial Review & Public Law

Mark has substantial judicial review experience involving both immigration and criminal matters. Mark has a particular interest in public law and criminal issues relating to Christian belief.

Cases of Note

Sp and others (North Korea) [2012] All ER (D) 112 (Feb)

In January 2012 Mark, along with Manjit Gill QC, successfully defended a challenge by the Secretary of State against a decision of the Upper Tribunal of the Immigration and Asylum Chamber which found that North Korean asylum seekers, who had been outside North Korea for more than 10 years would not be eligible for South Korean citizenship.

R v Pestano

In October 2011 Mark prosecuted Wesley Pestano for tax evasion of £152,000. He lived the high life putting on champagne receptions for ambassadors and lobbyists while inflating his company’s sales and expense figures so he could fund his lifestyle from tax rebates.

R v Ogunyinka

In June 2011 Mark successfully prosecuted Olaka Ogunyinka at Hove Crown Court for importing 30kg of the cocaine cutting agent – phenacetin from Amsterdam to the UK. The case is currently before the Court of Appeal.

R v Parman and Woodroof [2011] EWCA Crim 266

On 22nd February 2010 Mark successfully prosecuted 2 smugglers, Woodroof and Parman, responsible for evading £6m duty on cigarettes/handrolling tobacco and wine imported from China, Poland, South Africa, Namibia, France and Italy who were jailed for nearly 20 years in total after a 7 ½ week trial at Ipswich Crown Court. The case went to the Court of Appeal on sentence.

R v Paul Newman

Confiscation Appeal in the Court of Appeal in which Mark represented the CPS to argue successfully that a defendant obtained a benefit in the full value of cheques which passed through his hands notwithstanding that the cheques were not made out to him. Reported in [2009] 1 Cr. App. R. (S.) 12 and Crim. L.R. 2008, 8, 653-655

R(Stephen Green) v Westminster Magistrates Court [2007] EWHC 2785

High Profile Judicial Review Challenge against a District Judge’s refusal to issue a summons against the Director General of the BBC for Blasphemy following the screening of Jerry Springer – The Opera. Mark was led by Michael Gledhill QC (as he then was).

R v Williams [2007]

Unreported concerned irrational findings by the trial judge about the source of mortgage payments by a convicted drug dealer requiring detailed analysis of bank records and receipts and argument whether the discretion not to apply the assumptions was limited to doubleaccounting (not decided).

Tibetan Asylum Seekers

On 14th February 2007 the Asylum and Immigration Tribunal held that returning failed Tibetan asylum seekers faced a real risk of torture/ill-treatment under Article 3 ECHR as well as persecution under the Refugee Convention 1951 because they would be regarded by the Chinese authorities as “splittist”s. Mark Mullins represented the 3 test-case asylum-seekers in this landmark ruling.

Eleonora Suhoviy

The widely reported Ukrainian illegal immigrant who managed to secure an Oxford honours degree after being admitted to Secondary School at the age of 15. Mark was led by Jonathan Goldberg QC in the successful immigration proceedings allowing her to remain in the UK.