Malcolm Swift QC LL.B. AKC King's College, London, Call 1970

Since taking Silk in 1988, Malcolm Swift QC has practised exclusively in crime and in quasi-criminal cases establishing a reputation as a fine tactician, a skilful and highly effective cross-examiner (particularly of expert witnesses) and a formidable speech-maker. He is described by Chambers UK 2010 as “a strong opponent known for his brilliant handling of cases” and by Chambers UK 2011 as “a force to be reckoned with”.

His record of acquittals in difficult defence cases is second to none. Amongst the many recent highlights of his career was the ground-breaking appeal of R v Davis [2008] 3 WLR 196 (witness anonymity), heard by the House of Lords, upholding the fundamental common law right of confrontation and forcing the Government to enact primary legislation.

As a junior, he practised in both criminal and civil law dealing with personal injury, medical negligence, contract and defamation. He is a former Leader of the North Eastern Circuit.

Cases of importance:

R v Luffman & Briscoe [2008] EWCA Crim 1379 - contract killing. Murder – secondary party aiding and abetting and counselling murder. Whether causal link or mere connection required between counselling and murder.
Jones v Whalley [2007] 1 Cr App R 22 (HL) (Abuse of process; private prosecution following caution)
R v Smurthwaite & Gill [1994] 98 Cr App R 437 CA (Crime/agent provocateur/ entrapment/ s78 PACE discretion). Court of Appeal. An important seminal decision well-known to all criminal practitioners.
R v Broadhead [2006] EWCA Crim 1705 (CA) CLW 06/29/2 (No case to answer; effect of evidence subsequent to ruling; application of S34(2)(c) CJPOA 1994)
R v Chapman [2006] All E R (D) 92 - Murder. Bad Character. Prosecution application out of time. Evidence not in accordance with basis of application. Jury directed to ignore evidence. Whether conviction safe.
R v Carr [2000] 2 Cr App R 149 (Particulars of indictment, unanimity of jury verdict) Court of Appeal.
R v Gregory and Mott [1995] Crim LR 507 (Murder-intent; Nedrick direction/ discretion 525 CJA 1988/ severance). Court of Appeal.
R v J (Rape: Marital Exemption) [2001] 1 All ER 759 (Crime/meaning of “unlawful”). One of the first instance decisions (Rougier J.) which led to the House of Lords abolition of the marital exemption.
R v Bolivar; R v Lee [2003] EWCA Crim 1167, 147 SJ 538 (Duties of counsel/effect of counsel's behaviour on fairness of trial/Wednesbury unreasonableness)
R v Wood 24/04/07 CA Unreported - Murder. Erroneous refusal to allow defence to introduce evidence of threats of violence by family of co-Defendant towards others (witnesses, family of Appellant but not the Appellant) to support credibility of Appellant’s evidence of threats by co-Defendant to him. Whether conviction safe.
R v G 31/03/06 CA Unreported - Reference by CCRC. False memory in historic rape allegations. Fresh evidence of expert in memory formation in childhood accepted. Conviction quashed.
R v John Black (pseudonym) 04/03/07 CA Unreported - Money Laundering – Class A Drugs. Appropriate reduction in sentence on Defendant who had assisted the authorities.

Other Trials of Importance

R –v- Liaquat Ali – Leeds Crown Court - 3 month retrial following order of Court of Appeal in £330m money laundering case.
R –v- Hama – so-called “honour killing” trial at the Central Criminal Court.
R –v- Inglis – Leeds Crown Court - defence of former Chairman of Humberside Police Authority for historic sexual assaults. Acquitted.
R –v- Holtby – Hull Crown Court - man charged with murder of lover. High profile case. Deceased daughter of multi-millionaire. Defence of provocation successful.
R –v- McSalley – Leicester Crown Court - contract killings. Appeal against conviction lodged.
R –v- Revenikiotis – Sheffield Crown Court - high profile defence of Greek man charged with kidnapping and manslaughter of girl walking home who flagged down his car and who jumped out of his car and was killed by a car travelling in the opposite direction. Causation issues. Fitness to plead issues.
R –v- McLaughlin and others – Hull Crown Court - Prosecution of revenge killing arising out of inter-family dispute.
R –v- Palmer – Reading Crown Court - diminished responsibility defence in murder of 2 teenagers.
R –v- Blok – Brighton Crown Court – defence of Solicitor for money-laundering and perjury.
R –v- Cohen – Sheffield Crown Court – Murder – issues of anonymity and cell grass evidence.
R –v- Fitzgerald – Old Bailey – mob-handed revenge Murder. Not Guilty verdict
R –v- Batchelor – Maidstone Crown Court – Murder - Householder shot intruder. Not Guilty verdict
R –v- Kemp – Hull Crown Court – Murder Re-trial. Assassination. 2nd Jury failed to agree. Not Guilty verdict
R –v- Louisy – Old Bailey – Trident Murder – shooting – anonymity and identification issues. Not Guilty verdict.
R –v- Daly – Blackfriars Crown Court – largest cocaine importation in history. Guilty Plea by former Metropolitan Police Officer.
R –v- Sampson – Winchester Crown Court – Double Murder of drug dealers.
R –v- Bukhari – Bradford Crown Court – Murder of Brothel keeper by gang. Not Guilty verdict.
R –v- Seymour – Old Bailey – Murder of wife by shooting – 70 year old Defendant.
R –v- Akhter – Reading Crown Court – Murder by multiple stabbing of girlfriend by 19 year old. The ‘Laura Ashley Towpath’ murder.

Corporate Manslaughter

R v PFE Ltd and others at Leeds Crown Court 3 month Trial – Corporate manslaughter arising out of fatal accident in factory premises.
R v Hamer at Swindon Crown Court – Case reduced to Health & Safety offences – Tried and acquitted.
R v Marshall & others at Leeds Crown Court
R v Swane at Leicester Crown Court - Gross negligent manslaughter case against a railway foreman, death caused during track repairs.

Police Complaints

R v Daglish and Others (originally appearing in the criminal case which was stayed for abuse of process) – a disciplinary hearing on appeal to the Home Secretary

Other cases of interest

R v Van Hoogstraten and others – Central Criminal Court – acted for alleged hit-man David Croke in 3 month murder trial.

Professional Reputation

Wide ranging practice in crime and general common law incorporating personal injury, buiding and construction, negligence and defamation
Since taking silk in 1988 Malcolm Swift has practised extensively in criminal law in many high profile cases including murder, manslaughter, serious sexual offences and complex fraud
He also prosecutes and defends in regulatory matters including serious factory accidents usually with manslaughter charges in addition to the Health and Safety Charges

Qualifications & Appointments

1978 - 1988 Member of the Bar Council Remuneration Committee
1987 - Recorder
1988 - Queen's Counsel
1996 - 2001 - Bar Council Representative for North Eastern Circuit; Public Affairs Committee; Legal Services Committee; Professional Standards Committee; Legal Aid Negotiations Steering Group
1998 - Master of Gray's Inn
1998 - 2001 Leader of the North Eastern Circuit

Memberships

North Eastern Circuit
Criminal Bar Association
Associate Member of the American Bar Association