Daniel Mullin

Barrister, 2 Hare Court

Daniel undertakes work in criminal, regulatory, and civil law.

He regularly represents defendants in the Crown Court, Magistrates’ Court, and professional tribunals. Daniel is currently seconded to the Law Officers’ Department in Jersey where he will provide advice on asset restraint as part of investigations into international financial crime.

Daniel is currently instructed in a number of civil cases, including breaches of contract in the county court. He is a ‘junior junior’ in an action against a government department where the damages claimed exceed £700 million.

In regulatory law, Daniel regularly appears before disciplinary tribunals. Daniel is instructed alone to prosecute a case in the Crown Court on behalf of the Insolvency Service for breaches of the Companies Act and fraud arising from abuses of the Covid Bounce Back Loan scheme. He also works regularly on cases brought by and against local authorities.

Before coming to the Bar, Daniel worked in the corporate and commercial sector. He worked in the City of London, and in the Channel Islands, providing research and advice on regulatory and corporate law to multinational businesses.

Eleanor is currently seconded to the Attorney General’s office in Jersey, where she is providing pre-charge advice in respect of numerous criminal investigations.

Contributed to

2

Defence disclosure in criminal proceedings—defence statements and defence witness notices

Practice notes

This Practice Note explains the disclosure requirements on defendants in criminal proceedings. It explains when a defence statement must be served under section 5 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996) and the requirement on the accused to give the prosecution and the court a defence witness notice. The Practice Note also explains the form and content requirements of a defence statement under CPIA 1996, s 5 and the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759 as well as the time limits for serving defence disclosure during a criminal prosecution. The sanctions for non-compliance with the statutory duty of disclosure and the adverse inferences which can be drawn for failing to serve a defence statement are explained.

Corporate Crime

Sexual assault

Practice notes

This Practice Note explains the offence of sexual assault under section 1 of the Sexual Offences Act 2003 (SOA 2003) as well as the offences of assault by penetration under SOA 2003, s 2 and of causing a person to engaging in sexual activity without consent under SOA 2003, s 4. It also explains the old law relating to indecent assault under the Sexual Offences Act 1956 and Sexual Offences (Amendment) Act 1976 which pre-dated SOA 2003 but under which offences are still routinely prosecuted. The Practice Note explains the elements of the offence, consent and the meaning of penetration, sexual touching, intention and the affect of intoxication. It describes sentencing practice for sexual assault and includes links to the relevant sentencing guidelines and the General guideline—overarching principles.

Corporate Crime