Tony Badenoch KC

• Queen’s Counsel, 2014.
• Judicial College Syndicate Leader for Coronial Law, 2013 (Appointed by the Chief Coroner).
• Recorder of the Crown Court (South Eastern Circuit), 2012. Authorised to hear cases involving Serious Sexual Offences (2016) and sit at the Central Criminal Court (2015).
• Crown Prosecution Service Panel Advocate (Grade 4) prior to appointment as Queen’s Counsel – (Specialist Panels – Rape, Serious Crime, Fraud and Confiscation), 2012.
• Assistant Coroner – Inner London South jurisdiction (London Boroughs of Southwark, Greenwich, Lambeth and Lewisham), 2011.
• Legal Assessor to the Medical Practitioners Tribunal Service (formerly General Medical Council), 2010.

Significant experience both for the Crown and the Defence as Leading and Junior Counsel, maintaining a practice with a 50/50 split since called in 1996. Tony has repeatedly received instructions from a wide range of professional clients, including leading firms of defence solicitors and the special casework unit within the Crown Prosecution Service.

More recently, he has developed a niche in cases of homicide, sexual offending and child cruelty, where medical evidence often features and to which he can bring particular specialist knowledge from his appointments with the Medical Practitioners Tribunal Service and as Assistant Coroner.

Since taking Silk (2014), Tony has maintained a busy practice in this area prosecuting and defending in some of the most grave and complex cases. One year into Silk, he was instructed to prosecute Rehman and Khan, for preparing to bomb London in a ‘21/7 anniversary attack’ in the name of ISIS. Each received the lengthiest sentences handed down by any court for this particular terrorism offence.

Other work within his busy caseload includes advising on decisions to prosecute in some of the most high-profile complex cases and prosecuting at trial highly complex and sensitive cases lasting individually many months (2016-2017).

Deaths occurring in custody are an area in which Tony is repeatedly retained to advise and appear, bringing specialist knowledge from the unique perspective of his judicial appointments (Criminal, Coronial and Medical), together with real expertise of court processes in all jurisdictions. In 2014 he prosecuted three custody officers alleged to be responsible for the death of Jimmy Mubenga, following an inquest jury finding of Unlawful Killing.

His experience in Silk, and as a junior in which he appeared in dozens of murder trials, is such that he is often asked to review the safety of convictions for both sides. In doing so he has worked closely with the Criminal Cases Review Commission and the Appeals Unit within the CPS advising and responding to issues raised from historic convictions.

Current instructions

Tony is currently instructed to lead the prosecution of a sophisticated, complex, and long running cheat, carried out between January 2017 and March 2022.  The estimated loss to the revenue in this period was £21million cheated by multiple companies controlled by defendants, operating together with organised crime groups, failing to pass on Value Added Tax (VAT) and Construction Industry Scheme deductions (CIS).

Five separate trials are scheduled between 2024-2026 at Southwark Crown Court to accommodate more than 40 defendants. Eight defendants have now faced trial with others to follow in twelve-week trials this year and next. Charges include the financial crimes of cheating the public revenue, acquiring and transferring criminal property, entering money laundering arrangements, and extend to wider serious criminality contrary to the Serious Crime Act, including participating in the activities of organized crime groups.

Prosecutions on this scale require extensive experience, oversight of the entire case preparation, presentation at court, international cooperation, restrained assets, and confiscation proceedings.

Experience

In practice for nearly three decades, Tony has been instructed in multiple revenue frauds and global company frauds for both the prosecution and defence as Leading and Junior counsel. In the early millennium, he appeared for one of the key defendants in the massive fraud perpetrated at London City Bond (LCB), the largest bonded warehouse in London. The Crown alleged that multiple defendants, orchestrated a conspiracy to defraud Customs & Excise by diverting goods on which excise duty was payable. Following successful appeals and disclosure arguments at retrial, all cases collapsed leading to questions in Parliament and an enquiry into the ethics of HMRC. Customs & Excise itself then faced an official inquiry led by Mr Justice Butterfield after the collapse of the LCB spirits fraud investigation that cost the UK taxpayer £30m. These early instructions successfully exposing practices within HMRC led to multiple defence instructions over the next decade to defend in VAT fraud.

Between 2004 and 2010, Tony was instructed to prosecute a global conspiracy emanating from over 60 countries and states. Initially, he advised on appropriate charges alone, before Leading Counsel was instructed to lead him at trial. He brought specialist knowledge to the case including an insight into multi-jurisdictional issues, presentation of live-link evidence from around the world and asset recovery from overseas.

In addition to the more recognisable government agencies, Tony has also been retained as Leading Counsel to prosecute a substantial conspiracy perpetrated against the Vehicle Operating and Services Agency. Both defendants were convicted upon their pleas of guilty.

Tony has particular expertise in the procedure at inquests. Following an open competition in 2011, he was appointed Assistant Coroner to Inner London South to assist with the backlog of death in custody inquests, held with juries.

Since appointment he has regularly heard inquests with juries, and more recently, received instructions to appear as an advocate, for a Senior Crown Prosecution Service lawyer, in the long running and high profile inquest arising out of the death of Sabina Akhtar.

Tony is fully familiar with the Medical Act 1983, associated statutory rules and has such expertise in this area of Regulatory Law that he has been appointed as Legal Assessor to the Medical Practitioners Tribunal Service Fitness to Practise Tribunal, following an open competition in 2010.

Tony has been instructed in Very High Cost Cases arising from Missing Trader Intra- Community (MTIC) frauds and global conspiracies for confiscation orders sought in the hundreds of millions. Such instructions, as with all of his criminal practice, are received from both the Crown and the Defence.

Tony is retained by the Northern and Shell Media Group (including Express Newspapers) to provide pre-publication advice in a number of areas of media law, including defamation, copyright, privacy and confidence and reporting restrictions.

Member of the Fraud Lawyers Association.

• South Bank University (BSc Hons)
• College of Law (CPE)

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