Insights
‘Rough Sex’ Defence in the UK: A Landmark Legal Reform
Understanding the 'Rough Sex' Defence The so-called 'rough sex' defence has been a controversial legal argument used in UK courts, where defendants accused of killing or seriously injuring their partners claim that the [...]
Corporate Criminal Law in the UK could be about to see the biggest shake up in 100 years
We examine what might be the biggest change to corporate criminal law in a century as the Economic Crime and Corporate Transparency Bill (referred to as "the Bill") approaches the end of its [...]
Is a confiscation order a proportionate response to CV fraud?
Typically, confiscation orders, as set out in the Proceeds of Crime Act 2002 (POCA), are issued to recoup the fruits of a so-called ‘criminal lifestyle’ and locate substantial hidden assets. But this was [...]
Guilty Until Proven Innocent: The Horizon Disclosure Scandal
Last year the Court of Appeal quashed the convictions of 59 innocent subpostmasters who had wrongfully been found to have stolen money from the Post Office. Hundreds more are waiting for their own [...]
Mark Kelly QC
MarkKellyQC.com Why Choose KC Crime Lawyer? Highly Successful Defence Barrister Defend Your Hard Earned Reputation Protect Your Good Character, Your Family and Your Profession Strategic, Tactical & Collaborative Approach Successful [...]
Mark Kelly, Defence Barrister, to be Appointed Queen’s Counsel
I am delighted to announce that I will be appointed to the rank of Her Majesty’s Counsel (QC), with the official ceremony taking place in 2021. With a history of achieving successful outcomes [...]
Section 28 Youth Justice and Criminal Evidence Act 1999 – A Quiet Revolution in Sex Offence Cases
The Youth Justice and Criminal Evidence Act 1999 (YJCEA) contains special measures designed to allow witnesses to provide pre-recorded evidence in chief. Section 28 of the Act allows for cross and re-examination to [...]
New testimonial for my Pro Bono work: “I feel Mark was a gift sent from God”
I was delighted to help a client recently on a pro bono basis. The following is the testimonial they sent to me afterwards:- "I feel Mark was a gift sent from God! I [...]
Free Consultations in Criminal Matters
Each evening between 1830 and 2030, I will offer free consultations in criminal matters by Skype or telephone for those who contact me through my website. For all other enquiries I am still [...]
Successful opposition to AG reference in serious sexual offence / indecent images case
Case of YZ (and A.N.other) 2019 EWCA CRIM 466 judgment handed down on 19 March 2019. Our client sentenced to a term of imprisonment of 6 years after entering guilty pleas for sexual assault of [...]
The African Prisons Project: The Prisoners Studying for an LLB to Help their Fellow Inmates
Heading off to Nairobi and Kampala tomorrow to pursue my work on behalf of the African Prisons Project. Things are moving on fast and so I am excited to experience developments for myself. [...]
Historic Sexual Offences
Historic sexual offences are allegations of sexual offences that are made a long time after the alleged incident. The allegations can relate to a single incident or multiple events. The accused could have been [...]
Unexplained Wealth Orders: High Court Uploads a First
The issue of money laundering through prime real estate in London and elsewhere has been a growing political issue for some years now and measures to combat the flow of illicit “dirty money” into the [...]
Trends in Anti-Fraud Investigations in Europe
The European Anti-Fraud Office (OLAF) is the body responsible for protecting the EU’s financial interests. It has two main focuses: to investigate fraud involving EU expenditure, and to investigate corruption involving the staff [...]
Disclosure Failures in Sexual Offence Cases
At the beginning of this year, the BBC discovered that the Crown Prosecution Service (CPS) had dropped over 900 rape and sexual offences cases in 2016-17 (almost double the figure in 2014-15) because [...]
No Improvement in Scale of Bribery and Corruption, but Enforcement on the Rise
Last month, EY published its 15th Global Fraud Survey, Integrity in the Spotlight – the future of compliance. The results are damning. Despite more active enforcement, amounting to over $11bn of penalties imposed by regulators and [...]
Appeals and Renewal Applications – What Criminal Defence Lawyers Should and Should not do
In the recent case R v James [2018] EWCA Crim 285, three applications for leave to appeal were joined together because they all shared a similar feature that had nothing to do with fresh evidence [...]
Official Report Shows Holiday Booking Fraud on the Rise
A recent report created by Action Fraud, the UK’s national fraud and cyber crime reporting centre, revealed that in 2017 holiday fraud in the UK amounted to £6.7 million, with 4,700 holidaymakers affected. [...]
Concerns over SFO’s New Robot Recruit
In a news release published on 10 April 2018, the Serious Fraud Office (SFO) announced its intention to use artificial intelligence in all new investigations. The organisation said its new AI system, which [...]
The Right to have Serious Crimes Properly Investigated by Police Upheld by Supreme Court
The Supreme Court recently ruled that the Metropolitan Police breached the rights of two women (known as DSD and NBV) who made allegations of rape against John Worboys by failing to investigate the [...]
The Shifting Landscape of Sexual Offence Convictions
A recent BBC article reported that the number of sexual offences against men and has increased more than threefold in the past decade, with statistics from the Office for National Statistics showing 12,130 [...]
Fools Rush In: Cyber Fraud Could be Reduced with Effective Risk Strategies
It's certainly not news to us that Cyber Fraud has been increasing rapidly over the last few years, however, it has been confirmed in a recent annual global fraud and risk survey conducted [...]
Government Crackdown on Money Laundering & Financial Crime
The UK economy’s stability the reputation of its financial institutions and global position as an international financial centre is all at risk as a result of money laundering schemes by organised crime groups. [...]
Promising Future: Rights for Prisoners & Justice in Uganda (Part 2/2)
I am now a few weeks into my time in Uganda, and it has been a thoroughly enjoyable trip, enriched by the interesting people I have met and experiences I have encountered. I [...]
Latest Sexual Abuse Scandal Uncovered in Adolescent Unit in St Albans
Police are investigating a thirty-year-long history of alleged sexual and physical abuse against children at the Hill End Hospital Adolescent Unit in St Albans. The victims were highly vulnerable children being treated for [...]