Overview
Dan is a specialist criminal practitioner who regularly acts for the prosecution and the defence in the most serious criminal cases. He is recognised in The Legal 500 for his work in crime. He also has a strong practice in civil proceedings under the Proceeds of Crime Act.
Dan practices from 30 Park Place, Cardiff, but maintains a door tenancy with 5SAH Chambers.
Professional panel appointments
- CPS Grade 4 Prosecutor.
- CPS Grade 3 Specialist Prosecutor: Serious Crime Group.
- CPS Grade 3 Specialist Prosecutor: Proceeds of Crime Group.
- Discipline Officer, London Welsh RFC.
Additional information
Education
- Cardiff University, BPTC (Outstanding).
- Aberystwyth University, LLB (Hons) (2:1).
Awards
- Inner Temple Award for Outstanding Achievement on the BPTC 2013.
Before coming to the Bar, Dan was employed as a paralegal in the criminal department of Lewis Nedas solicitors. Whilst there he gained a thorough understanding of how a criminal case is litigated, what instructing solicitors require from their counsel and gained experience in the preparation of a wide range of cases including murder (R. v. Jacobs – the murder of PC Blakelock) and serious sexual offences.
- Dan has completed his vulnerable witness training and holds “SC” security clearance.
Asset Forfeiture, Confiscation & Civil Fraud
Alongside his criminal practice, Dan has a specialist practice in civil recovery proceedings under the Proceeds of Crime Act 2002.
As well as acting on a private basis for individuals responding to such applications, he is regularly instructed by His Majesty’s Revenue and Customs, the National Crime Agency and the Metropolitan Police to make applications for the forfeiture of seized cash and money held in bank and building society accounts. Current / recent instructions include:
- Representing HMRC in a case involving a total of nine linked applications for account forfeiture orders and cash forfeiture orders totalling well in excess of £4.5 million (led by James Fletcher);
- Acting for the Metropolitan Police in relation to a cash seizure which took place as part of a joint Met and FBI investigation into international cyber crime, fraud and money laundering;
- Representing HMRC and successfully resisting an application to set aside an AFO made in relation to over £1 million;
- Acting for the NCA and successfully forfeiting £2 million (the largest single cash seizure at the UK border in 2020) seized from a cash courier working for an international OCG specialising in money laundering;
- Instructed to represent an international fashion dealer in a contested application for an AFO worth over £100,000. Dan secured the release of funds from the frozen account for the respondent to fund his legal expenses.
Dan also has experience in listed asset detention and forfeiture cases.
He also acts in confiscation proceedings (including where he is instructed specifically to deal with confiscation) and has experience of contesting applications for confiscation orders and securing significantly reduced orders. Before coming to the Bar, Dan assisted in the defence of confiscation proceedings which followed on from the SFO’s prosecution of the UK’s biggest ever mortgage fraud (R. v. Kallakis & Williams), involving a loss to AIB and RBS of over €1 billion.
Dan has provided seminars on these areas to instructing solicitors and enforcement officers and has written articles on the developing law in relation to the use of unexplained wealth orders (UWOs) and abuse of process in AFFO cases.
Business Crime & Financial Regulation
Closely linked to his work in asset forfeiture and confiscation, Dan has experience dealing with serious business and financial crime cases.
Recent / current instructions include:
- Instructed as disclosure counsel in relation to the SFO prosecution of G4S;
- Acting as Independent Counsel conducting a large-scale LPP review in relation to one of the SFO's largest and longest-running investigations into serious international bribery and corruption;
- Instructed to act as disclosure counsel for a major multi-national company in relation to an internal investigation into potential bribery offences, running in parallel to international arbitration proceedings.
Criminal Prosecutions - Private & Public
Dan is a Grade 3 CPS Prosecutor on the General Crime list as well as a Specialist Prosecutor for the Serious Crime and Proceeds of Crime Groups. Over the years, he has developed a reputation as a scrupulously fair prosecutor.
He has been instructed to prosecute cases arising from Operation Venetic, the largest law enforcement operation in UK history, relating to the use of evidence obtained from the Encrochat secure communications system.
Criminal Defence
Dan’s principal area of practice is serious crime. He is instructed to act in relation to the full range of criminal offences, but particularly cases of serious violence, serious sexual offences, offences related to the supply of drugs as well as weapons offences (including firearms).
Alongside his Crown court practice, Dan maintains a practice in the magistrates’ court where he accepts instructions on a private basis to defend in general criminal matters as well as road traffic cases.
Professional Memberships
- Criminal Bar Association (CBA).
- Cymdeithas Cyfreithwyr Cymry Llundain (Association of London Welsh Lawyers).
- Advocate (formerly the Bar Pro Bono Unit).
- Proceeds of Crime Lawyers Association (POCLA).
Cases of Note
Reported Cases
R. v. B [2023] EWCA Crim 441
Appeared as junior alone for the Crown and successfully resisted this appeal against a confiscation order which raised novel points of law in relation to the concept of benefit and tainted gifts.
R. v. H [2020] EWCA Crim 826
R. v. Q [2017] EWCA Crim 66
R. v. T [2017] EWCA Crim 649
Asset Recovery and Confiscation
Operation Nosedive [2020 - Present]
Junior to James Fletcher, instructed by HMRC in relation to nine linked applications for forfeiture of cash and account balances totalling well over £4.5 million. Case arises from HMRC’s investigation into a landfill tax fraud leading to an alleged loss to the Revenue of well over £100 million.
NCA v. T [2022]
Successful application for the forfeiture of over £500,000 that T was attempting to smuggle out of the UK.
NCA v. M [2022]
Successful application for the forfeiture of cash seized from M as part of an operation arising from Operation Venetic.
RECU v. UFS [2021]
Junior alone instructed to represent UFS. Successfully advanced an abuse of process argument that led to the RECU withdrawing their application.
NCA v. H [2021]
Successful application for the forfeiture of £2million in cash which H was attempting to smuggle out of the UK on behalf of an international OCG. Reported to be the largest single cash seizure at the UK border in 2020.
Metropolitan Police v. K [2020]
Junior alone representing K. The police sought an AFO against funds in K’s bank account and an order for the detention of a collection of high-value watches seized from K as part of an investigation into terrorist financing. Successfully resisted an application for further detention of the watches and the AFO was withdrawn by the police shortly after being the initial hearing.
R. v. JB & Anor. [2017 – 2019]
Junior alone instructed specifically to deal with confiscation. Three-day contested hearing involving novel legal arguments relating to the applicability of a basis of plea in confiscation and constructive trusts amongst others. Crown initially sought a benefit figure of over £320,000, the final order was just under £96,000.
Crime
Serious Violence
Murder: Operation Munroe [2023]
Junior counsel to Mark Cotter KC in the prosecution of a defendant for murder. Listed to be tried before a High Court judge in June 2023. The case involves novel evidence in relation to chemical analysis of wood fragments, as well as complex legal issues of causation and hearsay.
Murder: Operation Tamworth [2023]
Instructed as led junior to Martin Goudie KC for the defence in this two-handed murder trial, involving a ‘cut throat’ defence. There were no eyewitnesses to, or CCTV of, the murder and the Crown’s case relied on a web of CCTV analysis, mobile phone evidence and a ground-breaking DNA technique involving enhanced statistical analysis
Conspiracy to Murder: Operation Settlement [2022]
Instructed as junior to Kevin Dent KC for the prosecution of two defendants, at the Old Bailey, for conspiring to murder, supply firearms and ammunition as well as controlled drugs and counterfeit currency. Dan’s role included dealing with complex and novel with legal arguments relating to disclosure and the admissibility of adverse inferences under both section 34 and 35 CJPOA. Reported as being the first successful prosecution for conspiracy to murder arising from Operation Venetic.
Conspiracy to Murder: R. v. D & Ors. [2016]
Instructed as junior to Charles Miskin KC for the first defendant in this five-handed case, tried over eight weeks before the Recorder of Manchester. D had recruited a former partner and her sons to murder his girlfriend’s new partner. They were unsuccessful and whilst D was in custody for the conspiracy, he solicited his cell mate to murder the same man. Channel 4 made a documentary about the case.
Attempted Murder: R. v. MB [2021]
Junior alone defending MB. MB accepted that he had stabbed an acquaintance 15 times in the face, head and neck but denied having an intent to kill. The jury acquitted MB of attempted murder after just three hours of deliberation. Successfully resisted the Crown’s bad character application in relation to previous offences committed by MB, including an incident only a few weeks prior to the attack where he had stabbed his uncle.
Attempted Murder: R. v. XY & AS [2019]
Instructed as led junior for the Crown, prosecuting two young defendants for the attempted murder of an innocent teenage bystander. The two defendants were said to be members of a local gang who had gone out looking for someone to stab in an attempt to intimidate members of another gang. Dan successfully argued against the admission of “expert” evidence from the defence.
Throwing a Corrosive Fluid with Intent: R. v. FG [2021]
Junior alone prosecuting an acid attack. FG had crashed a stolen car whilst drunk and tried to flee the scene. When two members of the public attempted to restrain him, he threw ammonia over them to make good his escape. Convicted and given an extended sentence.
Serious Sexual Offences
Making Indecent Photographs of a Child: R. v. D [2023]
Junior alone representing D, a musician of some repute, who was accused of making indecent images.
Sexual Activity with a Child in Breach of Trust: R. v. K [2023]
Junior alone instructed to represent K, a teacher and local politician who accepted having a sexual relationship with one of his students. Successfully argued for a suspended sentence order.
Inciting a Child to Engage in Sexual Activity: R. v. W [2022]
Junior alone prosecuting this case, arising from a “paedophile hunter” group.
Rape of a Child: R. v. AA & YY [2021]
Led junior for the first defendant, said by the press to be one half of “Britain’s Most Repulsive Couple”. Allegations of rape, other very serious sexual offences and child cruelty. Dan drafted the half-time submissions which were successful in relation to some of the child cruelty counts and also argued against the Crown’s bad character application, which resulted in certain evidence being excluded. Following trial, appeared in the Court of Appeal to respond to an unduly lenient sentence referral by the Solicitor-General.
Rape: R. v. P [2020]
Junior alone instructed to defend P, who contacted the police to make voluntary admissions to historic offences including a number of rapes, false imprisonment and serious assaults.
Assault by Penetration: R. v. L [2016]
Junior alone on behalf of L. Historic allegations of sexual abuse by a family member. Successful application to dismiss the most serious allegation on the indictment of assault by penetration.
Other Cases of Note
Fraud by False Representation: R. v. CC [2021]
Privately instructed to represent CC, who had used a clone of a credit card belonging to Nadine Dorries MP to attempt to purchase a Canada Goose jacket.
Perverting the Course of Justice: R. v. Y [2018 – 2019]
Instructed as junior alone defending Y in relation to an allegation of perverting the course of justice. Y accused of allowing his electronic monitoring tag to be tampered with by a corrupt EMS officer. Series of five linked trials. The trial of Y and his co-defendants lasted eight weeks.
Escape from Lawful Custody: R. v. R [2016]
Represented a client who pleaded guilty to escaping from prison. Client was serving a 21-year sentence for a string of armed robberies, kidnap, false imprisonment and firearms offences. Sentenced to 9 months' imprisonment, concurrent to his existing sentence.
