Duncan Atkinson KC

Duncan has appeared in numerous complex and high profile criminal cases, including allegations of homicide, terrorism, and serious fraud.

As Treasury Counsel and then Senior Treasury Counsel between 2009 and 2023, he appeared in a huge range of homicide cases, including a number of high profile “cold cases”, together with homicides involving issues of contested medical causation, diminished responsibility and child-death. Duncan has particular expertise in cases of gross negligence manslaughter, deaths in the context of health and safety regulation, and deaths of persons in residential care or state detention.

Duncan has also appeared in numerous cases concerning allegations of terrorism, and relating to organised crime. The former have included those planning an attack on Gay Pride and the killing of a member of parliament, and latter has included the successful prosecution of the largest attempted importation of automatic weapons into the United Kingdom. Other cases in which he has also appeared as an advocate have involved allegations of rape, serious disorder, public nuisance, blackmail, prison escape, corruption, conspiracy to pervert the course of justice, and prosecutions under the Official Secrets Act.

Duncan also appears in cases of serious fraud and corruption, and has acted in both an advisory capacity and as an advocate for News UK, in the so called ‘hacking’ trials, for a UK FTSE company (GSK), and for senior executives in the international banking sector (the Staley FCA investigation and in relation to the Libor and Unaoil investigations).

As an appellate advocate, Duncan has appeared in complex fresh evidence appeals, leading cases concerning the definition of sexual touching and loss of control, addressing secondary liability in homicide and relating to the key provisions of the Mental Health Act 1980 and the Sentencing Act 2020, He has also appeared in the Supreme Court on 5 occasions, most recently in relation to the propriety of prosecutions based on activity by paedophile hunters (Sutherland v HM Advocate [2021] AC 427).

Duncan has successfully acted in murder, manslaughter and attempted murder trials of all varieties, including cases of loss of control, self-defence, diminished responsibility, multi-handed ‘gang’ killings, juvenile defendants and cases with complex medical or other expert evidence. Recent cases have included:

• Cases where the pathological evidence was limited or complicated due to the delayed recovery of the body or limited initial investigation, such as Trigg and Cole, or where no body was recovered, such as Griggs and Mark Brown.
• Case relating to a 6 week old infant taken onto a bus by her mother in an attempt to conceal her death (Baker and Wiltshire), and a 3 year old crushed by the movement of a car seat (Waterson and Hoare)
• Cases relating to gang attacks, including attacks by groups of young accused (LaPierre and Tcheuko, and Roye and Danso)
• Cases involving extensive psychiatric evidence and the defence of diminished responsibility, such as Tadewicz, and Beresford, or where the accused was not fit to plead, such as Badare.
• A prosecution for corporate manslaughter (CAV Aerospace, and North London NHS Trust)
• Prosecution of gross negligence manslaughter through positional asphyxia during restraint (Wright), inappropriate alternative medical treatment (Xiou), and relating to alleged failures of care by prison officers (Abbott, Evans) or the poliot of a migrant boat (Bah)

Duncan also appeared in the Supreme Court when it reconsidered the liability of secondary parties in cases of murder (Jogee [2016] UKSC 8), and in the Court of Appeal both when the revised test was applied to six homicide cases (Johnson [2016] EWCA Crim 1613) and when the approach there identified was applied to a variety of homicide convictions (including Laura Mitchell [2018] EWCA Crim 2687; Johnson-Haynes [2019] EWCA Crim 1217). He also appeared when the Court of Appeal addressed the loss of control defence (Gurpinar [2015] EWCA Crim 178).

Duncan has an extensive experience of involvement in the whole gamut of counter-terrorism prosecutions, having in the course of his career appeared as Leading, Junior and Sole Counsel in high profile terrorism- related cases, including the “fertiliser bomber” case – Khyam which was then the largest joint operation of UK police forces, the security services and foreign law enforcement agencies. Recent cases have included:

• Allegation of preparation for acts of terrorism, involving persons accused of preparing to travel to Syria for the purposes of terrorism (Abdallah and Suleman), two sisters planning attacks on Westminster and the British Museum (Boular) and a defendant acquitted in relation to an earlier attack who planned to attack Gay Pride (Chowdhury ).
• Allegations of membership of a terrorist organization, both relating to ISIS (Hamasallih, Suleman) and neo-Nazi group National Action (Deakin; Lythgoe)
• A neo-Nazi plot to kill an MP (Renshaw).

Duncan has also acted as an adviser to the Government in relation to issues of disclosure in terrorism cases, and in relation to the drafting of guidance for the National Crime Agency. 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), and in relation to the ‘port stop’ provisions of Schedule 7, Terrorism Act 2000 (Beghal [2015] UKSC 49).

Duncan has appeared as advocate and in an advisory capacity in relation to a wide range of complex and unusual criminal cases. These have included, in recent times, the prosecution of Anna Sacoolas for the death by dangerous driving of Harry Dunn, where the defendant was not in the UK. Similarly, Duncan has prosecuted a number of cases of death by dangerous driving relating to police officers (Holloway, Welch).  Duncan provided advice to the Public Prosecutor’s Office in Northern Ireland in relatuion to a series of legacy cases from the period of the troubles.

He has appeared in the prosecution of a number of organised groups, including the largest attempted importation of automatic weapons into the United Kingdom (Shilling), and allegations of conspiracy to murder and conspiracy to import drugs arising from Encrochat messaging.

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
• He has appeared as leading counsel in a health and safety related cases of Corporate Manslaughter (CAV Aerospace, North London NHS Trust)
• He appeared in the prosecution of a number of individuals and companies relating to a death from gas inhalation (6699 Ltd.) and as a result of the falling of an unsecured window frame (West Green).

He has and continues to advise in relation to deaths in care homes, prisons and recently in relation to the collapse of the Didcot power station.

Duncan has built up considerable experience in cases of serious and complex fraud and corruption, including cases involving the Serious Fraud Office, HMRC, the Financial Conduct Authority 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 a substantial fraud against the NHS.
• A substantial fraud alleged to have been committed by a bank employee through unprotected market speculation.
• International corruption allegations involving activity in Saudi Arabia and Norway.

Duncan has also in an advisory role for:

• A potential suspect in the SFO Libor investigation.
• A high-profile individual in respect of investigations into alleged corporate and private misconduct as part of Operations Weeting and Elvedon.
• A senior individual in the international banking sector.
• A UK FTSE company facing investigation for alleged involvement in corruption.

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.

Duncan is regularly instructed in relation to proceedings by way of judicial review, acting both in pre-action litigation and in the Administrative Court. Cases in which he has appeared have included:

• The proper application of the Policing and Crime Act 2009 in relation to gang-violence injunctions.
• Challenge to the decision making of the Attorney General (Slade[2018] EWHC 3573 (Admin)) and the Director of Public Prosecutions (Redston v DPP [2020] EWHC 2692 (Admin),

• Challenge to decisions on abuse of process and prosecution activity in the magistrates’ court (DPP v Sunderland Magistrates Court [2018] EWHC 229 (Admin) and DPP v Charlesworth [2022] EWHC 2835 (Admin));
• Challenge to the extension of custody time limits (R (Harding) v CCC [2024] UKHC 1073 (Admin)).

Duncan has been instructed to act for interested parties in several 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.

In relation to public inquirires:

• Duncan appeared in an advisory capacity in the 7/7 inquest.
• He represented a number of the bereaved families at the Manchester Arena Bombing Inquiry before Sir John Saunders.
• He appeared as an expert witness at the Post Office Horizon IT Inquiry
• He is advising a corporate body concerned in the ongoing Grenfell Tower Inquiry.

• Deputy High Court Judge (2024)
• Queen’s Counsel (2015)
• Senior Treasury Counsel (2015)
• Recorder (2012)
• Treasury Counsel (2009)

• Member of the Fraud Lawyers Association.
• Member of the Criminal Bar Association and South Eastern Circuit.
• Called to the Bar of Northern Ireland.
• Bencher of Gray’s Inn

• 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, Serious Fraud, investigation and Trial (5^th edition)
• Contributor, Blackstone’s Criminal Practice (Oxford University Press)

• University of Bristol (LLB Hons) (First Class)
• Lord Justice Holker Scholarship, Gray’s Inn

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