Alan Gardner

           

Alan Gardner prosecutes and defends all types of crime. He has appeared in a wide variety of serious cases, including murder, manslaughter, other offences of serious violence, organized professional robberies (of security vans, large country houses, armed robbery of jewellers’ shops), complex multi-handed conspiracies, fraud, money laundering, Customs offences, proceedings involving Defendants with mental illness, and road traffic offences (including causing death by dangerous driving and causing death by careless driving when under the influence of alcohol).  

Alan has extensive experience in the prosecution and defence of serious sexual offences and related allegations such as indecent images on computers.  His current or recent prosecution work includes cases of joint enterprise rape, multi-complainant rape and prosecuting (alone) a seven Defendant case involving allegations of sexual assault by penetration, torture and false imprisonment.  His defence work includes cases involving allegations of multiple rapes over the course of several years, cases of historical sexual abuse (such as R v L (2009), L accused of sexual abuse in the 1970s and 1980s, acquitted on all counts) and cases involving young Defendants with learning difficulties. Although he now specialises in criminal work, Alan also has extensive experience of family proceedings arising out of allegations of sexual abuse.  He has acted in cases in which the family court has been asked to make findings of fact arising out of allegations such as rape and child sexual abuse, and he has acted for the prosecution, defence and local authority social services departments in cases involving consideration of the disclosure of social services files into criminal proceedings.

Alan has experience of cases involving a wide range of technical and forensic evidence issues, such as blood spatter pattern analysis, mobile phone cell site analysis and analysis of the contents of computer equipment.  He acted as junior counsel to the prosecution in R v Sion Jenkins in two appeals against conviction for murder (1999 and the reference by the Criminal Cases Review Commission in 2004), and as second junior counsel to the Crown in the two subsequent retrials at the Central Criminal Court (2005-06). Complex, multi-disciplinary medical and scientific evidence was called by both sides as fresh evidence before the Court of Appeal and at the retrials.  

Alan is experienced in confiscation proceedings, including enforcement proceedings in the High Court. He recently acted as junior counsel in the Family Division of the High Court successfully resisting an application by the Metropolitan Police to gain access to papers filed in divorce proceedings as part of a money laundering investigation.

Alan is always happy to advise wherever issues of criminal law arise.  He has recently advised on issues such as the potential criminal implications of the seizure of documents and data in family proceedings (Hildebrand/Imerman-type cases).

Alan has experience of hearings before the Parole Board (representing a person convicted of murder and recalled to prison).

Examples of recent cases include:

• R v S and others (2010-11): prosecuting (alone) seven Defendants, indictment containing counts of conspiracy to cause grievous bodily harm with intent, assault by penetration and false imprisonment;
• R v O and R (2010-11): prosecuting historical allegations of buggery and indecent assault, husband and wife in the dock, allegations of joint enterprise;
• R v G and others (2011): defending in a six handed fraud involving allegations of forgery of a will;
• R v E and others (2011): prosecuting multi-handed violent disorder in a night club during which a man’s ear was partially bitten off;
• R v T (2010): defending multiple allegations of rape and sexual assault made by two complainants over the course of several years;
• R v M (2010): defending a young man with learning difficulties in a rape case;
• R v M and others (2009): a twelve handed conspiracy to supply cocaine and cannabis (prosecution junior counsel);
  
• R v C (2009): prosecuting a section 18 GBH in which victim suffered a broken back and quadriplegia;
• R v A (2009): prosecuting an eBay fraud;
• R v Schmelz and others (2008-09): a professional “tie up” robbery in a large country house and associated conspiracy to handle stolen goods (prosecution junior counsel);
• R v W and F (2009): junior prosecution counsel in an insurance fraud;
• Appellate work: Recent appearances in the Court of Appeal include:
  
• R v Gavin [2011] 1 Cr App R (S) 126, [2011] Crim LR 239 (confiscation orders and absent Defendants);
  
• R v Gilbert [2008] EWCA Crim 302 (successful appeal against a sentence of imprisonment for public protection);
• R v Shillabeer [2009] EWCA Crim 1987 (successful appeal against sentence in a drug supply case);
• Alan has also appeared in criminal cases in the Administrative Court (for example, R (Barrington) v Preston Crown Court [2001] EWHC Admin 599, Archbold 2011 § 6-14 (refusal of Defendant’s costs order following acquittal)).

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