Martin Evans’s Profile

  	
    					
			
							
									
			

		
			

            
				
 


 


 


 


 


 


 


 


 


 


 


 




Year of Call: 1989

email: me@33cllaw.com


Martin’s practise involves all aspects of the law relating to asset recovery, money laundering and confiscation. He is experienced in handling restraint, receivership and contempt proceedings in the High Court  (Administrative Court, Chancery Divison and Family Division). Martin has developed particular expertise in the area of civil recovery and is instructed on behalf of SOCA and respondents in this important and growing area of the law.


Martin is highly regarded in a broad range of serious crime, with an emphasis on fraud, money laundering and corporate criminal liability. He is instructed by the SFO, FSA, SOCA, CPS, Department of Business, Innovation and Skills (BIS), Trading Standards, local authorities and private prosecutors such as FACT. He is also instructed for the defence in heavy fraud cases.


Martin has for many years been instructed in ‘death row’ appeals from the Caribbean before the Judicial Committee of the Privy Council.


Martin is a contributing editor of Archbold with responsibility for the chapters on money laundering, corporate criminal liability and Revenue and Customs offences. He is co-author of ‘Corporate Criminal Liability’. He is also a contributing editor of ‘Confiscation and the Proceeds of Crime’ – Mitchell, Taylor and Talbot and contributed the chapter on confiscation to ‘Abuse of Process in Criminal Proceedings’ (Tottel 2009).


Martin has devised and delivered training on money laundering for lawyers in Revenue and Customs Prosecutions Office. Recent projects include devising materials for a training program for the judiciary in restraint and receivership under the Proceeds of Crime Act 2002 and contributing to a SOCA program for expert witnesses in Money Laundering cases. He regularly lectures on asset recovery and related topics.


Attorney-General’s List of Advocates list A. CPS Grade 4 Prosecution Advocate. SFO List A Counsel.


Notable Cases:


    

  • R v White & others [2010] EWCA Crim 978; instructed by RCPO. The case concerned the calculation of benefit based upon liability for duty & VAT and the compatibility of duty and VAT regulations with European directives. Martin was led by David Anderson QC from Brick Court Chambers.
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  • R v Modjiri [2010] EWCA Crim 829; Prosecution appeal against a confiscation order (s.31, PACE). The case raised the important question of how the market value of jointly owned property is to be determined when the defendant’s interest is it cannot be retained separately from the property.
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  • R v Shabir [2008] EWCA Crim 1809; appeared for the Appellant; first reported appeal in which the Court of Appeal quashed a confiscation order on the grounds that it was oppressive and an abuse of process.
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  • R v IK [2007] EWCA Crim 491; Prosecutor’s appeal (s.58 CJA 2003) against rulings by trial judge that there was no case to answer where the issue was whether the proceeds of cheating the revenue could be ‘criminal property’ for purposes of ss.340(3) and 328 of Proceeds of Crime Act 2002.
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  • R v Glatt [2006] EWCA Crim 605; confiscation appeal concerned with the meaning of and interrelationship between ss.74(4)(5) and (6) of the Criminal Justice Act 1988 and the court’s discretion in confiscation proceeding under the unamended 1988 Act. The appellant was a solicitor who had laundered money for his principal, a duty fraudster.
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Privy Council cases


    

  • Teeluck & John v The State [2005] UKPC 14; [2005] 1 WLR 2421; instructed as leading junior in a Trinidad capital appeal. Evidence of the defendant’s good character not adduce at trial. Appeal allowed: the failure to raise the issue of good character had rendered his conviction unsafe.
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  • The Queen v Gilbert [2002] 2 AC 531; instructed as amicus curiae in an appeal by the Crown from the judgment of the Eastern Caribbean Court of Appeal (Grenada). The appeal concerned the ‘corroboration rule’.
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  • Mohammed & Richardson v The State (2001); a miscarriage of justice would occur where the judge had misdirected the jury in a fundamental respect which resulted in important questions relevant to the jury’s verdict not being considered. A defendant was ordinarily entitled to the jury being properly directed on the facts and a lacuna in the jury’s factual consideration could not be filled by findings of an appellate court, unless inevitable. Martin was led by Sir Sydney Kentridge QC.
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  • Moses v The State [1997] AC 53. In this case, it was held that the so-called felony murder rule (’constructive malice’) did not survive the abolition in Trinidad and Tobago of felonies and misdemeanors, and accordingly, a conviction for murder where the jury had been given a ‘felony murder’ direction was unsafe notwithstanding the strength of the evidence. Following this case the law of murder was changed in Trinidad and Tobago. Martin was led by Sir Sydney Kentridge QC.
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Publications


    

  • ‘Corporate Criminal Liability’ (with Amanda Pinto QC): 2nd edition Sweet and Maxwell 2008.
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  • ‘Archbold Criminal pleading and Practice’; contributing editor (since 2006)
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  • ‘Confiscation and the Proceeds of Crime’, Mitchell Taylor and Talbot; contributing editor
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  • ‘Abuse of Process in Criminal Proceedings’ by Corker, Young and Summers; 3rd edition Butterworths 2008 (contributor)
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Recent Articles and Seminars


    

  • ‘Corporate Crime and Confiscation’; Lexis Nexis Webinar, February  2010
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  • ‘Reporting and tipping-off’ Lexis Nexis in conference on Money Laundering, Fraud and Financial Crime, September 2009
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  • ‘Confiscation and Abuse of Process’; Journal of Asset Recovery November 2008
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  • ‘Trade creditors and Restraint Orders: the implications of the decision in SFO v Lexi Holdings’; Legal Week, September 2008
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