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Tim Owen QC
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Tim Owen QC
Notable Cases
--> R v Andrews Adams (2007)
Tim Owen QC appeared for the appellant in the Court of Appeal.
--> R v Dunlop (2006)
Tim Owen QC, Hugh Tomlinson QC and Alex Bailin appeared in the first 'double jeopardy' case.
--> R (D) v Secretary of State for the Home Department (2006)
What form of inquiry was required by Article 2 where a young person had attempted suicide in detention, leaving him seriously injured.
--> R v G & Secretary of State for the Home Department (2006)
Concerned whether The Sexual Offences Act 2003 s.5, which created the offence of rape of a child under 13 even where a defendant reasonably believed that the child was 13 or over, was compatible with the European Convention on Human Rights 1950 Art.6(2.
--> R (Scholes) v Home Secretary (2006)
Whether Home Secretary acted compatibly with Art 2 in refusing to direct public inquiry into sentencing policy following suicide in custody of highly vulnerable 16 year old, Joseph Scholes, who killed himself in a Young Offender Institute.
--> Assets Recovery Agency v Green & others (2006)
What ARA must prove as a precondition for making application for recovery orders against properties under the Proceeds of Crime Act 2002
--> R (Sharman and Fagan) v HM Coroner for North London (2005)
Whether verdict of unlawful killing was open to jury in case of London man Harry Stanley shot dead by officers who mistook table leg for sawn off shotgun.
--> R (Headley and Hindawi) v Home Secretary (2006)
The House of Lords held that the legislative regime governing the release of foreign prisoners violated A14 ECHR.
--> R v Paul Blackburn (2005)
CCRC reference to the Court of Appeal - convictions for attempted murder/buggery of 9 year old quashed after appellant had spent 24 years in custody - CA sets out new test for admissibility of psychological evidence touching on phenomenon of coerced compliant confession.
--> R v Stapleton (2005)
Proper approach to apportionment of benefit in confiscation cases involving joint defendants - whether trial judge generated legitimate expectation that no hidden assets finding would be made.
--> R (Roberts) v Parole Board (2005)
The House of Lords considered whether the Parole Board was entitled to adopt a closed hearing and Special Advocate procedure for the parole hearing of a mandatory lifer.
--> R v Stanford (2005)
The case concerns the internet businessman charged with the blackmail of Dame Shirley Porter. Tim Owen QC and Alex Bailin are appearing in this case which is pending.
--> R (Nejad) v Secretary of State for the Home Department (2004)
This judicial review concerned the Secretary of State's decision not to reduce Nejad's tariff, where N had been sentenced to five concurrent discretionary life sentences for his involvement in the 1980 siege at the Iranian Embassy in London. Tim Owen QC appeared for N.
--> R (Cawser) v Secretary of State for the Home Department (2003)
The Court of Appeal considered the State's obligation to provide sex offenders with treatment for their behaviour. The case raised important issues about prisoners' rights to liberty under Article 5 of the European Convention on Human Rights. Tim Owen QC appeared for C and Rabinder Singh QC and Sam Grodzinski represented the Secretary of State.
--> R (Hindawi) v Secretary of State for the Home Department (2004)
The Court of Appeal considered whether a sentence that was lawfully imposed on a prisoner satisfied his rights under Aticle 5 of the Human Rights Act 1998 until the end of his sentence term. Tim Owen QC appeared for H and X.
--> Reeves v Commissioner of Police for the Metropolis (1999)
This appeal concerned a claim for damages against the Commissioner following L's death whilst in custody. It was held that due to the complete control exercised over prisoners in custody by the police, there existed an exceptional duty to prevent self harm. Nicholas Blake QC and Tim Owen QC appeared for Reeves.
--> Orange v Chief Constable of West Yorkshire (2001)
This appeal concerned O's claim in negligence for damages following the suicide of her husband, the deceased having hanged himself whilst in police custody. Tim Owen QC represented O.
--> R (Ellis) v Chief Constable of Essex (2003)
The case concerned the lawfulness of a police scheme whereby poster's showing the names and photos of offenders would be displayed in public. The court held that the lawfulness was dependent upon individual circumstances as well as upon how the scheme would operate in practice. Tim Owen QC appeared for E.
--> O'Brien v Chief Constable of South Wales (2003)
The case concerned the admission of evidence in a claim for malicious prosecution and misfeasance in public office, where the Claimant had served 11 years of a life sentence for murder before his conviction was quashed on appeal. Tim Owen QC appeared on behalf of Mr O'Brien.
--> R (Stanley) v Coroner for Inner North London (2003)
This judicial review concerned the verdict of the inquest into the death of a person shot by two firearms police officers, and the application of Article 2 Human Rights Act and domestic law to the inquest. Tim Owen QC and Danny Friedman appeared for S.
--> R (IH) v Secretary of State for the Home Department (2003)
The case concerned whether continued detention of a mental health patient when the preconditions of his discharge could not be met was lawful. Tim Owen QC represented H.
--> MP v Nottinghamshire Healthcare NHS Trust (2003)
The Court considered the application of s.3 and s.6 of the Human Rights Act 1998 to the powers of mental health review tribunals under the Mental Health Act 1983. Tim Owen QC appeared in this case.
--> R v Rezvi; R v Benjafield (2002)
In these cases, the House of Lords reviewed the compatibility of confiscation legislation with Article 6 of the European Convention on Human Rights. Tim Owen QC appeared in both cases.
--> R (Daly) v Home Secretary (2001)
Prison Service cell searching policy declared unlawful - leading authority on proper approach to reviewing public law decisions which engage Convention rights - distinction drawn beteen Wednesbury review and proportionality test.
--> Ezeh and Connors v UK (2003)
The case concerned prison disciplinary hearings in which the prisoner faced an award of additional days counted as ‘criminal charges’ for the purpose of the Convention. Accordingly, prisoners were entitled to the full protection of Article 6, including legal representation and an independent tribunal. Tim Owen QC and Alison Macdonald appeared for the Applicants.
--> R v Rogers (2004)
The Court of Appeal considered the extended sentence provisions contained in the Powers of Criminal Courts (Sentencing) Act 2000 in relation to sex offenders are in breach of Article 6. Tim Owen QC was instructed as advocate to the court by the Attorney General.
--> Attorney General's Reference No 4 of 2002 (2003)
The House of Lords held that s.11 of Terrorism Act 2000 breached the presumption of innocence in Article 6 (2) ECHR. The proper approach wass to reverse onus clauses in statutory criminal offences. Tim Owen QC appeared in the case.
--> Keenan v UK (2001)
The United Kingdom was found to be in breach of Articles 3 and 13 of the European Convention of Human Rights in respect of the death of a mentally ill prisoner in Exeter prison. The European Court of Human Rights considered whether the inquest constituted an effective remedy, as well as the relevance of non-availability of civil action for damages for wrongful death. Tim Owen QC appeared for the Applicant.
--> In Re A (Minors) (Conjoined twins: medical treatment) (2000)
Conjoined twins: medical treatment. Tim acted for the surviving twin, Jodie, in this historic case concerning the legality of separation surgery where the inevitable consequence would be the death of one twin but where both would die without intervention.
Specialist Practice Areas
Crime and Regulatory Law
Human Rights
Media and Information Law
Public Law
Sports Law
Prison law
Mental Health Law
Inquests
Civil Actions Against the Police
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