Duncan Atkinson QC
+44 020 3301 0910
[email protected]
Profile
Recognition
Expertise
Criminal Litigation
Duncan has appeared as Leading, Sole and Junior Counsel in cases of rape, public
nuisance, blackmail, prison escape, corruption, conspiracy to pervert the course of
justice, and prosecutions under the Official Secrets Act. Notable cases have included
appearing as Junior Prosecution Counsel in relation to an allegation of blackmail in which
the victim was a member of the extended Royal Family, and appearing in the prosecution
of a conspiracy to pervert the course of justice, the allegation being that two men
arrested for drugs offences, with the assistance of their Customs handler, received an
unwarranted reduction in sentence having deceived the authorities and the court into
believing that seizures of firearms which had taken place on the basis of their information
related to the criminal activities of others rather than their own deliberate misconduct.
Duncan has acted in an advisory capacity for News UK, in relation to the ongoing
‘hacking’ prosecutions.
Duncan appears regularly in the Court of Appeal and in the Administrative Court, and
appeared on a number of occasions before the Judicial Committee of the House of
Lords. He has appeared in the Supreme Court to address the meaning of “terrorism” in
the Terrorism Act 2000 and to address the DPP’s guidance in cases of assisted suicide.
Duncan appears regularly in application on behalf of the Attorney General to refer
sentences as unduly lenient, and he is due to appear for the respondent in eleven
conjoined appeals concerning the interrelation of indeterminate sentences of
imprisonment and the Mental Health Act 1983, and in an appeal concerning the proper
interpretation of the Firearms Act 1968.
Homicide
Duncan regularly appears as Leading, Sole and Junior Counsel in cases of murder and
manslaughter (including gross negligence and corporate manslaughter). High-profile
cases have included the prosecution of Levi Bellfield for the murder of Milly Dowler and
the murder for gain of Carole Waugh. Recent cases have included allegations of joint
enterprise murder involving young defendants, diminished responsibility manslaughter,
infanticide and multiple homicide allegations against the same defendant. Duncan has
also appeared as Leading and Sole Counsel in cases of attempted murder and as
leading counsel in the prosecution of corporate manslaughter.
Fraud
Duncan has appeared both as Junior and Leading Counsel in cases of serious and
complex fraud and corruption, including cases brought by the Serious Fraud Office,
HMRC and the Department of Work and Pensions. He also has particular experience of
Hi-Tech and computer-based fraud and other forms of “cybercrime” (see below), and in
confiscation proceedings. Notable cases have included allegations relating to fraudulent
trading by a medical locum agency (a trial concerning a very substantial fraud against the
NHS) and a substantial fraud relating to the Millennium Dome. More recently, Duncan
appeared as Leading Counsel in the prosecution of a solicitor charged with long-term
fraud against the Legal Services Commission, and acting in an advisory role for a
potential suspect in the ongoing Libor investigation by the SFO.
Cybercrime
Duncan has been at the forefront of this developing area of criminal litigation. He acted
from an early stage in an advisory capacity in Operation “Ore”, the international
investigation of the incitement to supply indecent images of children. Other cases in this
area have included Operation “Blossom”, a conspiracy to defraud the computer software
industry with pirated software (the first large-scale prosecution by the National High-Tech
Crime Unit) and the prosecution of fraud through the construction and distribution of
malicious software.
Public and Administrative Law
Duncan is regularly instructed in relation to proceedings by way of judicial review, acting
both in pre-action litigation and in the Administrative Court. Recent cases have included
the judicial review of the refusal of bail in a case of murder; the acceptance by the Home
Secretary and Serious Fraud Office of a letter of request from Italy in the context of fraud
proceedings; and the proper application of the Policing and Crime Act 2009 in relation to
gang-violence injunctions.
Inquests and Public Inquiries
Duncan has been instructed to act for interested parties in a number of inquests before
the Coroner’s Court. These have included appearing both at the inquest and subsequent
prosecution relating to the Potters Bar derailment, and the inquest relating to the death of
a soldier at military barracks. Duncan appeared in an advisory capacity in the 7/7 inquest.
Terrorism
Duncan has appeared as Leading, Junior and Sole Counsel in a number of terrorismrelated cases. These have included Operation Crevice, a conspiracy to cause explosions
(known as the “fertiliser bomber” case), which was then the largest joint operation of UK
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police forces, the security services and foreign law enforcement agencies. Other recent
cases in which Duncan has been involved include Operation Gamble (a large terrorist
operation by the West Midlands Counter Terrorism Unit), and the prosecution of four
defendants for engaging in conduct in preparation for acts of terrorism (Operation
Argonaut). Duncan has also acted as an adviser to the Government in relation to issues
of disclosure in terrorism cases. He appeared in the Supreme Court to address the
meaning of “terrorism” in the Terrorism Act 2000 in the case of Mohammed Gul ([2013]
UKSC 64).
Health and Safety and Regulatory
Duncan has been instructed both in an advisory capacity and as an advocate in cases
relating to breaches of Health and Safety and Environmental Protection legislation, both
in criminal and inquest proceedings. In particular, Duncan has been instructed by the
Office of Rail Regulation in relation to a number of serious rail accidents and rail-related
fatalities, and has appeared as leading counsel in a health and safety related case of
Corporate Manslaughter.
Appointments
Queen’s Counsel (2015)
Recorder (2012)
Treasury Counsel (2009)
Publications
Editor, EU Law in Criminal Practice (Oxford University Press)
Co-Author, Blackstone’s Guide to the Criminal Procedure Rules (Oxford University
Press)
Contributor, Fraud: Criminal Law and Procedure (Oxford University Press)
Contributor, Blackstone’s Criminal Practice (Oxford University Press)
Education
University of Bristol (LLB Hons) (First Class)
Lord Justice Holker Scholarship, Gray’s Inn