Sir Derek Spencer QC undertakes criminal work, both prosecution and defence, including corporate crime, Revenue & Customs, and Serious Fraud Office cases.
He has prosecuted for Revenue and Customs in drug importation, smuggling endangered species and VAT fraud, including MTIC carousel fraud, and for the SFO in high-yield investment fraud and corporate fraud. Prosecutions for the CPS include three cases of manslaughter by gross negligence.
His defence practice has included a Legal Aid Green Form fraud, which was prosecuted by the SFO, and a fraudulent trading case prosecuted by the DTI.
He has also tutored at Keble College Oxford.
From 1992 to 1997, Sir Derek was Solicitor General, advising the Government on all legal issues. He also appeared in court for the Government in several of the most important terrorist, human rights, official secrets and war crimes trials of that period, including:
- Wingrove v UK (1997): The European Court of Human Rights held that the criminal offence of blasphemy was not a violation of Art 10 of the Convention.
- R v Serafinowicz (1996): This was the first War Crimes Act case brought in the UK. The defendant was accused of the mass murder of Jews in Belarus. The prosecution involved the examination of KGB archives and the evidence of elderly witnesses about events dating back over 50 years. After several interlocutory hearings and much meticulous preparation the case was discontinued because the accused was found to be unfit to plead.
- R v O’Hamill (1994): IRA Terrorism. The accused was the Chief Quartermaster for the IRA and the most senior IRA member to be prosecuted in England. He was tracked taking possession of a car that had been driven from Eire to the UK containing explosives. He was convicted and sentenced to 28 years imprisonment.
Cases of Note
R v Uddin and others (Operation Venison)
24.06.05
Known as Operation Venison, this was an HM Revenue & Customs prosecution of a £100 million MTIC carousel fraud. Five defendants were charged with various fraud offences during an investigation into the purchase and sale of mobile phones. The defendants were alleged to have conspired to create carousel fraud repeatedly during the course of 2000/2001.
The case collapsed after the judge stayed the prosecution for abuse of process after the defence accused Customs Officers of withholding vital evidence which had denied the defendants the chance of a fair trial. The defendants were awarded £6 million in costs. It was not suggested that Prosecution counsel were responsible for the failings of the prosecution process. The collapse of the trial lead to a review of some 50 similar cases, which Sir Derek conducted.
R v Coates and Graves
02.12.04 Court of Appeal - Criminal Division
[2004] EWCA Crim 3049 . [2004] 4 AER 1150
This was a seven month manslaughter trial which went to the Court of Appeal. Victor Coates appealed against his conviction, claiming the excessive length of the joint trial, where his case only took up the first month of the proceedings, violated his right to a fair trial. Dismissing the appeal, the court held the delay to the conclusion of his case did not give grounds for concern. The fact that part of the delay was due to Christmas holidays, bereavements and illness provided an explanation justifying the delay.
The facts of the case were that Coates had fallen asleep at the wheel of his lorry after working a 20-hour day and did not notice the victim’s stationery car flashing its hazard lights. The victim was killed in the collision and Coates was sentenced to four years in prison for causing death by dangerous driving. Graves was convicted of manslaughter for failing to prevent his drivers working excessive hours and was also sentenced to four years’
R v Twiss
14.10.04
This case, brought by the Serious Fraud Office, concerned a US$2.2m high-yield investment fraud. The accused, Roddam Twiss, was the Chief Executive of the Dragon Group which included The Grosvenor Trust. He was estimated to have benefited to the tune of almost £540,000 and was charged with theft, conspiracy to defraud and conspiracy to steal. The trial involved abuse of process arguments, breach of privilege issues (in the UK and France), the use of foreign evidence, a live link from the USA and confiscation matters.
Operation Devout
01.12.05
Two international missing trader carousel frauds (MTIC) causing a loss to the Revenue in excess of £37 million in VAT arising from rigged trade in computer chips. There were several trials, involving a total of 32 defendants, some of whom were charged with money laundering.
Operation Vehicle
2003-2004
An MTIC carousel fraud for HMRC.
R v Weir
02.05.01 House of Lords, with Rufus D’Cruz as Junior
[2001] 1 W.L.R. 421 [2001] 2 All E.R. 216 [2001] 2 Cr. App. R. 9; Times, February 9, 2001
Sir Derek defended in this high-profile appeal in a murder case, that examined the effect of the Human Rights Act on the Director of Public Prosecutions.
Mr Weir had been convicted of murder on the basis of DNA evidence unlawfully retained on a database by the police and the conviction was therefore overturned by the Court of Appeal. The DPP lodged an application for leave to appeal with the Judicial Committee of the House of Lords, but did so one day out of time. Their Lordships held that they had no power to extend the 14-day time limit for a prosecutor to lodge his application for leave to appeal. The words of the Criminal Appeal Act 1968, Section 34 (2) were clear and provided only for a discretion to allow an application by a defendant for leave to appeal out of time. Furthermore, there would be no breach of the DPP's rights under Article 6(1) and (3), (Right of Access to a Court) because Weir’s civil rights were not in issue and the language of the statute was not directed at protecting or strengthening the rights of prosecutors.
R v Pritchard & others
07.06.00
Sir Derek defended in this case, which concerned a Legal Aid Green Form Fraud. The scheme was intended to enable people of modest means to get professional advice from a solicitor. The defendants arranged for canvassers to visit housing estates and obtain signatures on Green Forms under the guise that the signatures were for a petition to improve living conditions. The defendants sent out some standard letters but very few clients were seen. Instead, signed Green Forms were filled in by the defendant’s firm to create the impression that work had been done. The forms were then submitted to the Legal Aid Board for payment. Solicitor Alan Pritchard, practice manager Peter Lane and consultant Brian Anthony O'Connor were convicted of conspiracy to defraud the Legal Aid Board of over £2 ¼ million.
