Richard Potts was formerly a solicitor, practising in criminal law.
His practice is predominantly in East Anglia, where he both prosecutes and defends. However he is also a Grade 4 Prosecutor in London. He is an accredited rape prosecutor.
He has a successful practice in trials of sexual offences against children and over time has covered most work in the Crown Court including many serious cases either alone or as a led junior.
CASES OF INTEREST
R v S, C & J [2008]. (Leading junior)
Successful prosecution of a murder case, of a second defendant for manslaughter and ABH and a third for attempting to pervert the course of justice. The case involved extensive arguments on the admissibility of bad character evidence and the fitness to be tried of one of the accused, arising unexpectedly mid-trial. The case was notable for the highly unusual cause of death – the rupture of the pharangyeal wall following insertion of a walking stick through the throat.
R v D [2007]. (Leading junior)
The defence of one of 13 defendants in a very large case alleging brothel-keeping and POCA offences. Originally briefed at pre-committal stage he secured the discharge of 3 of the 5 charges at an old-style committal. The defendant subsequently admitted two counts but on a very limited basis.
R v G [2006] (Leading junior)
The prosecution of a serial paedophile (dubbed “the Pied Piper of Horning”) successfully convicted of offences of rape, indecent assault and other sexual activity with children in respect of 12 victims over a 20-year period in Essex and Norfolk. The case involved some very young child witnesses resulting in a week-long voir dire arguing the admissibility of video interviews following alleged breaches of ABE guidelines.
R v K [2004]. (Leading junior)
The defence of the proprietor of a care home originally arrested for manslaughter but subsequently prosecuted under the Health & Safety Act, the Mental Health Act (neglect/ill treatment of patients) and the Offences against the Person Act (administering noxious substances). A very large and highly technical case (medically) ultimately resolved by pleas of guilty on a very limited basis.
R v H 2004 (Leading junior)
Four defendants (Proprietor and staff of a school for children with special needs) were charged with allegations of historic abuse dating back to the 1970/80’s. The trial lasted for about 10 weeks and involved considerable legal argument. His client (a teacher) faced four counts. One count was stayed as an abuse, two were dismissed for want of evidence. The client was acquitted on the final charge by the jury. The case involved abuse of process arguments based on delay and unavailability of contemporaneous documents. The case was classified as a VHCC. The other defendants were convicted – on appeal reported as Robson, Robson & Wilson [2006] EWCA Crim 2754.
R v Vanner [2004] EWCA 2233. (Leading junior)
Successful prosecution of a mother (proprietor) and son (manager) charged with ill treatment of residents of a care home. The indictment contained 20 counts.Throughout the case relied upon evidence of people other than the residents themselves who were all patients within the definition of the Mental Health Act. The case highlighted shortcomings of the inspection of such homes and prompted the jury to add a rider to that effect to their verdicts.
R v Mason and Sellars (2002) EWCA 699
The Court of Appeal gave guidance on the circumstances in which a non-obligatory life sentence might be imposed (conspiracy to murder) and the correct approach in calculating the minimum term of imprisonment otherwise.
R v Mark King (2001) EWCA Crim 709
Having secured the acquittal of an LGV driver charged with causing the deaths of three priests in a stationary car by dangerous driving, the client was convicted of careless driving in the alternative and the case was an authority on sentencing in such cases where fatalities occur.
