A specialist in criminal law since call, Noel Lucas QC had a busy defence practice until his appointment as Standing Counsel to HM Customs and Excise (as they then were) in 1994.
His practice to-day concentrates on substantial cases involving serious organised crime, principally (but not exclusively) in the area of fraud, where the mastery of huge volumes of complicated evidence and the obtaining of a strategic overview of a case is essential.
His background in science provides him with an analytical approach to complex problems and is also invaluable in murder and other cases which rely on complicated medical and / or other scientific evidence.
In silk Noel is rebuilding the successful defence practice he had prior to his appointment as Standing Counsel. In this, his very extensive experience in cases involving commercial fraud, drugs, duty evasion, confiscation and complex disclosure will stand him in good stead. He has recently defended in murder, gang related and sex cases.
In addition to defence work, Noel has retained his connections with RCPO and is engaged in prosecuting two huge MTIC or carousel fraud cases and has moved from the trial stage to the confiscation stage of two very large duty evasion and money laundering cases.
In December 2009 Noel was appointed by the Serious Fraud Office to its panel of Queen's Counsel.
A Recorder since 1999, Noel has recently been ‘ticketed’ to try serious sex cases thereby strengthening another area of his expertise.
In a recent, complex, 12 handed, duty evasion and money laundering case which he prosecuted with a junior from chambers and which concluded with guilty pleas, the trial judge, acknowledging the Crown’s preparation of the case, observed: “There is a masterly exposition of the facts of the case in an 85 page note presented by the prosecution”.
His handling of complex disclosure problems was described by Butterfield J in his review of Customs (para 12.56) as ‘….a text-book illustration of how such applications can be dealt with impartially…’.
Defence
Since early in his career, Noel has been instructed in the most serious cases. It was while defending in a large drugs smuggling case that he was invited to prosecute for Customs. In 1988 he was junior for the principal defendant in R v Viccei and others – the Knightsbridge Safety Deposit Box Robbery. His other work includes:
murder e.g.
R v P--- (2008) as both P and the principal prosecution witness spoke little English, the trial necessitated the use of interpreters. Having stabbed the deceased through the heart with a large knife, P was acquitted of murder and convicted of manslaughter.
R v R--- (2005) a detailed written submission on dismissal resulted in the prosecution not proceeding against R.
R v S--- (2004) a three handed trial involving the defendant’s cousin. S was acquitted of murder and convicted of manslaughter. His cousin having been convicted of murder asked whether Noel would represent him on appeal. The conflict between S and his cousin in the trial precluded this.
serious assault e.g.
R v Q-P (2009) a gang attack on a rival gang in residential estate resulted in the killing of an unconnected person; those in the first trial were all convicted of murder or related offences; in a second trial, Q-P and 8 others were tried for conspiring to cause grievous bodily harm (to the deceased); Q-P was acquitted by the jury.
R v D--- (2008) attempt to suffocate aged mother – a case requiring careful analysis of the indictment and delicate handling in order to negotiate a plea to a lesser offence – a non-custodial disposal resulted.
R v K--- (1999) attempted murder of an aged and much loved grandmother who was seriously ill in hospital. The facts were not in dispute. This case required delicate handling in order to secure a non-custodial disposal.
perverting the course of justice e.g.
R v R--- (2005) a murder having occurred in R’s flat, R was charged with the disposal of evidence implicating her brother who was accused of the murder. Her family ties made her anxious to assist her brother. Insight and a considerate approach ensured she did not prejudice her own position in her anxiety to assist her brother – a non-custodial disposal resulted.
fraud e g.
R v C--- (2007) DTI prosecution regarding the management of a company by the director and principal shareholder. A careful analysis of the evidence and appropriate enquiries of the prosecution persuaded them that they had no case on the principal charges such that the defendant pleaded guilty to a failure to provide information for which he was discharged.
R v B--- (2007) fraud by a senior employee of the LB of Camden in respect of assets held by LB Camden on behalf of the disadvantaged in the borough. Complex ongoing confiscation proceedings include assets outside the jurisdiction.
R v D--- (2004) £2 million fraud on HSBC Bank. Case discontinued.
R v C--- (2004) defendant of good character induced to participate in a substantial fraud on the Inland Revenue by his Uncle who was an Inland Revenue employee. An advantageous plea was negotiated thereby avoiding a ‘cut-throat defence’ in the trial of the Uncle who was in due course convicted.
R v H--- (2004) DTI prosecution under the Companies Act. The defendant had committed similar offences in the past. He had induced his son to participate in these offences. An advantageous plea was negotiated.
serious sexual offences and offences involving historical sexual assaults by a priest e.g.
R v C--- (2007/8) historical sexual assaults on children in the 1960’s / 1970’s by a priest; two of the complainants made contact via the Friends Reunited website; six complainants reported abuse in the early period; a seventh complainant reported more serious abuse in a later period; the indictment was successfully severed between complainants 6 and 7; matters relating to the first six were tried; the first jury were unable to reach a verdict; a re-trial before a different judge led to convictions; an application for leave to appeal to the full Court of Appeal was refused; a ‘bad character’ notice was served by the Crown in respect of the first set of convictions; the trial of the allegations in relation to the seventh complainant was compromised in a manner favourable to the defendant.
R v T--- (2008) rape and assault by digital penetration of vagina – defendant acquitted.
drug trafficking, including where confiscation is in issue e.g.
R v G--- (2005/6) substantial drugs supplier in Kent whose activities were caught on CCTV. Confiscation proceedings in respect of substantial funds were resolved in a manner favourable to G..
R v T--- (2004/5) possession with intent to supply a large quantity of controlled drugs.
R v P--- (2003/4) substantial importer of drugs where the Crown relied on the evidence of an accomplice who had given evidence for the Crown in the trial of co-defendants.
Disciplinary
Noel has accepted instructions on a pro bono basis to represent a solicitor appealing his striking off to the Administrative Court.
Prosecution
Customs / RCPO
Noel was appointed Standing Counsel to HM Customs and Excise for Crime on the SE Circuit in 1994. In 2005, on the coming into existence of the Revenue and Customs Prosecutions Office, Noel was re-appointed as Standing Counsel to RCPO. Since 1994, he has prosecuted the department’s largest and most complicated cases and has provided the department with strategic advice on a wide range of issues. Accordingly, he has very extensive experience in:
- Providing strategic advice
- Drugs smuggling cases
- Money laundering cases
- Fraud – recent and / or current cases include:
- MTIC or carousel fraud.
- Operation Inertia current: 12 defendants; VAT loss in excess of £100 million; trial October 2010.
- Operation Fastback current: 8 defendants; VAT loss in the region of £238 million; trial 2010 / 2011.
- Operation Semi 2006: an MTIC fraud spanning in the region of 12 months; nine defendants; two juniors; 10,000 pages of evidence; instructed 2003, first trial, April – September 2006; trial of money launderer 2008; voluminous requests for disclosure in the main trial – Court persuaded to follow the appropriate CPIA section 8 procedure in determining disclosure such that in respect of applications for thousands of documents the disclosure of a single document was ordered; extensive abuse of process arguments urging a stay of the proceedings were rejected; an appeal against conviction in respect of the indictment was rejected; confiscation orders totalling in excess of £3 million were ordered after the first trial; confiscation proceedings against the money launderer are ongoing.
- Duty evasion
- Operation Bruise 2007 – 2009: 12 defendants; duty evasion and money laundering; guilty pleas were entered by10 defendants; a trial of the remaining two defendants and confiscation proceedings are ongoing.
- Operation Beckon 2007 – 2009: 12 defendants; duty evasion, money laundering and drugs smuggling; guilty pleas were entered by 11 defendants permitting the Crown to discontinue the prosecution against the 12th defendant; confiscation proceedings are ongoing.
- Diversion fraud
- Operation Stockade 1999 – 2003: the largest case of its kind; duty loss in excess of £100 million; two juniors, 10 defendants; in the region of 70,000 pages of evidence; a successful interlocutory appeal to the Court of Appeal resulted in a modification of the principles for such appeals R. v. G [2002] 1 W.L.R. 200.
- Operation Fajia 1998 – 2002: 9 defendants; London City Bond case.
- Hydrocarbon fraud
- Operation Reactive: four defendants; trial concerning the illicit mixing, washing and distribution of substantial quantities of un-dutied hydrocarbon fuels; duty evaded in the region of £2.5 million; evidence heavily dependent on a detailed analysis of telephone calls; complex confiscation proceedings in 2008 resulted in substantial orders being made.
As Standing Counsel, Noel was usually instructed as a leader, with the assistance of either one or two juniors. Accordingly he has considerable experience in the art of leading a team in the preparation, management and presentation of substantial multi-handed cases both for trial purposes in the Crown Court and in the Court of Appeal.
The cases he has been instructed in are factually complicated and involve complex issues concerning disclosure; abuse of process; Human Rights law and a spectrum of other legal issues inherent in the prosecution of major cases.
In 2007 Noel was brought in to assist the Crown with the investigation into applications for leave to appeal convictions by M---, S---, and B--- and in the preparation of the Crown’s response to those applications. The convictions had resulted from a trial in 2002 in which Noel had not been involved. The applications for leave to appeal were all dismissed.
Crown Prosecution Service and other agencies
A Grade 4 CPS Prosecutor over many years until his appointment to silk, Noel has been instructed both as leader and sole junior to prosecute a wide range of offences, including murder, firearms offences, offences involving substantial violence, drugs offences serious sexual offences and offences of dishonesty.
Noel has prosecuted cases of substantial fraud on the benefits system.
Publications and Lectures
Joint author of the chapter on disclosure in Fraud: Law, Practice and Procedure (LexisNexis Butterworths, Nov 2004).
Lecture to the RCPO list counsel on disclosure.
