Dan is a barrister practicing in all areas of criminal law who has appeared in all courts from the Magistrates’ and Youth Court, Crown Court, Divisional Court and the Court of Appeal. He has also drafted applications to the Supreme Court and European Court of Human Rights.
In addition, he practices in Immigration law and has been instructed in the Tribunal (in its various forms), the High Court and Court of Appeal.
Dan is recognised as a leading expert in the cross-over between criminal and immigration law and has appeared in most of the leading cases in the Court of Appeal representing asylum seekers and victims of trafficking.
He has an interest and expertise in all immigration offences, including illegal working, as well as quasi-criminal immigration matters such as carrier’s liability for improperly documented and clandestine entrants.
Dan is an experienced appellate lawyer and is experienced in making applications to the Criminal Cases Review Commission and has had various cases successfully referred back to the courts (both to the Crown Court and the Court of Appeal), where the convictions were quashed.
Additionally, he is a member of Chambers’ Prison and Public Law teams and regularly provides advise and representation in both areas.
He is well known for his knowledge of the law and has lectured and conducted training in both Criminal and Immigration law to barristers, solicitors, legal executives, and interested non-legal professionals in other sectors. He also writes regularly for lay audiences as well as for other lawyers. For example, he produces Practice Notes on Immigration for other lawyers for Lexis Nexis.
Set out below are some of the cases that he has been involved in:
Reported Cases (ones that established an important point of law that have been written up into the law reports) include:
- R v Boateng –  EWCA Crim 57,  4 WLR 70 – successful in part appeal against conviction following guilty pleas, where the Court considered various complex questions of immigration law as well as the advice given y previous lawyers – judgment and commentary here.
- R v Shabani –  EWCA Crim 1924 – successful appeal against conviction following a guilty plea, where the previous representative had been referred to the SRA due to the advice given – judgment and commentary here.
- R v Wells & Others –  EWCA Crim 2,  1 WLR 2797,  1 Cr App R 27,  Crim LR 359 – leading case on conducting trials where a defendant is found unfit to plead – judgment here.
- R v Smith –  EWCA Crim 2163,  1 Cr App R 13,  1 WLR 937 – A trial for possession of a firearm with intent to endanger life (a bag of guns and ammunition). There was an appeal to the Court of Appeal on the basis that a ‘Brown‘ direction should have been given (judgment here).
- R v Mateta & Others –  1 WLR 1516,  1 All ER 152,  2 Cr App R 35,  CLR 227 – guidance judgment on the approach to prosecutions under s31 – refugees in possession of false passports (judgment here).
- R v Le & N –  EWCA Crim 189;  QB 379,  3 WLR 1159,  1 Cr App R 35.  Crim LR 958. The Times, April 10, 2012 – guidance on prosecuting victims of trafficking for offences committed – (judgment here)
- R v AM & Others –  1 Cr App R 35 – junior counsel for two out of four appellants challenging their convictions for possession of false passports following guilty pleas (judgment here).
- R v G  – 2 Cr App R (S) – sentencing of victims of trafficking.
- R v Osman –  1 WLR 1130,  1 Cr App R 20 – Leading case on s2 Asylum and Immigration (Treatment of Claimants, etc) Act Offences (entering the UK without a passport) (judgment here).
- R v Doughan – (2007) 171 JP 397 – Directing the jury on a different factual basis to the case that has been put by the Prosecution.
- Denny v Acton Youth Court –  1 WLR 3051,  2 All ER 961,  1 Cr App R(S) 6 – Judicial Review concerning the sentencing of defendants who turn 18 during the proceedings (judgment here).
Other Cases of Note include:
- R v Mulugeta & Others –  EWCA Crim 6 – Three cases linked up relating to the s31 defence.
- R v Laurusevicius –  EWCA Crim 3020 – Admission of bad character evidence that post-dates the offence for conviction, and recommendation for deportation of EU nationals (Court of Appeal).
- R v H –  EWCA Crim 3117 – leading case on the interpretation of the defence under s31(2) Immigration and Asylum Act 1999 (Court of Appeal).
- R v M – Perverting the Course of Justice and assisting an offender following a gangland murder. The Court of Appeal proceedings are here. (Sheffield Crown Court).
- R v W – Lead defendant on what started as an eleven handed Attempted Murder and Violent Disorder. (Central Criminal Court).
- R v B – Conspiracy to Defraud of half a million pounds in a ‘skimming’ operation. (Southwark Crown Court).
- R (GI) v First Tier Tribunal –  UKUT 83 (AAC) – Pro Bono Judicial Review dealing with a ‘crime of violence’ in the Criminal Injuries Compensation Scheme (judgment here).
- DG (Extortion by Maoists) –  UKAIT 00116 – Internal Flight in Nepal (judgment here).