James Tucker

R v P (2019, Crown Court at Bristol): In an allegation of possession of a sawn off shot which was fired through living room window, James successfully adjourned the trial to contest DNA evidence. The defendant, who had been remanded in custody, was released after the prosecution application to hold him in prison beyond the end of his custody time limit successfully resisted (2019, Crown Court at Bristol).

R v S: (2014, High Court and Crown Court in Cardiff and Newport) Despite bail being refused in the Crown Court, James succeeded in securing the release on of an alleged conspirator in a drugs supply case. By judicially reviewing the judge’s decision in the High Court the defendant was released immediately. All charges were later dropped.

R v W (2019, Court of Appeal Criminal Division) appeal against sentence for arsons and conspiracy drug supply.

R v Walter (2019, Court of Appeal Criminal Division) successful appeal against terminating ruling by a Crown Court judge and retrial.

R v C (2017, Court of Appeal Criminal Division) appeal against sentence for an array of serious sexual offending

R v W (2017, Court of Appeal Criminal Division) Attorney General’s reference for historic sibling sexual abuse

R v G (2015, Crown Court at Newport and 2016, Court of Appeal Criminal Division): mitigation to secure a suspended sentence in an extremely serious case where the Defendant had offended as a child whilst suffering from PTSD triggered by his sister’s rape and murder and subsequent Attorney General’s reference.

R v Harris [2010] EWCA Crim 2515: Court of Appeal confiscation appeal of HHJ Ticehurst’s judgement in which the assumptions on benefit were largely overturned

R v Salter [2010] EWCA Crim 2429: Inconsistent verdicts appeal in relation to credit card fraud

R v Gill [2010] EWCA Crim 1154: Court of Appeal reversal of a HHJ Lambert’s finding of dangerousness after a plea on a basis to a crack house stabbing

R v Caley-Knowles [2006] EWCA Crim 1611; [2006] 1 W.L.R. 3181; [2007] 1 Cr. App. R. 13; [2007] Crim. L.R. 61; Times, October 4, 2006: Criminal Cases Review Commission referral to the Court of Appeal involving historic convictions misdirected by the judge (see Criminal Law Week CLW/06/34/11 and Archbold at 4-411)

James has a particular interest in this uniquely useful area for criminal lawyers. He is always happy to advise those unfamiliar with the process of making or resisting an application in the High Court.

(MB) v Gwent Magistrates’ Court [2012] EWHC 3550 (Admin): conviction quashed after a successful judicial review of the District Judge’s refusal to state a case where the Defendant admitted the offence in the PSR.

R (on the application of Smith) v CPS [2010] EWHC 3593 (Admin): successful application in the High Court to quash a CPS decision to proceed to trial in pursuance of domestic violence policy. The prosecution was deemed an abuse of process and an affront to justice.

R (on the application of Birmingham City Council) v Birmingham Crown Court [2009] EWHC 3329 (Admin); [2010] 1 W.L.R. 1287; [2010] P.T.S.R. 1229; (2010) 174 J.P. 185; [2010] A.C.D. 34; Times, January 05, 2010: successful resistance to a High Court application to quash leave granted to two youths to appeal their ASBOs (see Criminal Law Week CLW/10/01/06)

R v C & TDC Ltd: serious and repeated breaches of fire safety regulations mitigated to a financial penalty and suspended sentence

R v NP & Another: HSE defence in domestic gas fitting case

R v D & Another: defence of fast food franchise and manager in relation to kitchen hygiene

R v B: led in a Trading Standards case of international counterfeit clothing conspiracy operating on eBay

R v M: Maritime & Coastguard Agency cockling prosecution

R v F & another: due diligence defence of a limited company and director to allegations of import of counterfeit Honda motorcycle from China and its advertising for sale

R v JF; led in an alleged criminal liability of members of an unincorporated association (golf club) for strict liability offences under the environmental regulations for an oil leak into a reservoir

James accepts instructions on inquests which touch on criminal proceedings, in particular where charges have already been brought or are under consideration.

Re Dan Stephenson: jury inquest investigating the death of a young chef who suffered an epileptic fit in a commercial kitchen

This is an area that forms a large part of James’s practice. Offences range from straight burglary, thefts in breach of trust and benefit fraud through to complex and lengthy Fraud Act offences. Confiscation matters routinely involve allegations of jointly held assets (such as family homes held with spouses and ex-spouses), overseas assets and tainted gifts. He has advised clients after orders have been made as to how to vary orders and appeal them.

R v P: (2019, Crown Court at Worcester) James is currently representing the lead defendant in new area of criminal law: trading in tainted cultural objects. The allegation relates to a find of ancient treasure dug up by a detectorist in the Herefordshire countryside by an amateur metal detectorist.

R v S & H (2019, Crown Court at Taunton) James resisted an application by the regulator to confiscate £1.1m from two estate agents personally. The application was made on the basis on the turnover of their business for which they had not obtained a necessary licence. It was argued that depriving them of their turnover was wrong and disproportionate. The Court only ordered them to pay for the cost of the licence.

R v C (2018, Old Bailey) advised on and represented at court a former quasi-judicial office holder’s defence to confiscation proceedings. The prosecution application related to his wife and children’s assets after he was convicted of £2m+ fraud and theft.

Operation Dorset (2018, Crown Court at Bristol): Conviction secured against business-man in case involving high value VAT fraud in connection with the international trade of rare stamps.

Operation Picasso (2018, Crown Court at Bristol): multi defendant multi million pound boiler room fraud and money laundering

R v H (2016, Crown Court at Bristol): International tax evasion case covering multi million pound business activity in the UK, EU, Somaliland and the Indian Ocean

R v O’C & others (2015 and 2016, Crown Court at Bristol): Multi-handed IFA fraud targeting vulnerable, elderly victims

R v C-P (2015, Crown Court at Gloucester): Welsh gold mine fraud

R v D (2009, Crown Court at Newport): successful defence to fraud allegations based on the defendant’s lack of beneficial interest in real property despite having full legal title

R v C (2005, Crown Court at Cardiff): multi-million pound VAT fraud and subsequent confiscation proceedings involving assets based in the UK, Hong Kong and mainland China

James routinely deals with drugs cases, including cases from street level supply & possession through to kilos of import quality cocaine. He has also represented foreign nationals with no understanding of English, alleged to be involved in the cultivation of cannabis.

R v A (Operation Divide): Acquittal in multi-handed drugs operation heard in Cardiff Crown Court

R v W & others (Operation Enola): Large county-lines drugs operation involving 8 defendants between London & Bristol

R v H (Operation Wheel): Defence within drugs conspiracy heard in Cardiff Crown Court

R v M: Application to quash an indictment for want of evidence despite uncontested committal proceedings in a serious drugs and money laundering case

James has appeared in trials ranging from murder to the armed robbery of a drug dealer. Firearms work includes advising on the technicalities of minimum term cases especially disguised firearms. He also regularly advises on dangerousness.

R v BC: Acquittal after trial and re-trial on charge of murder

R v C: acquittal in alleged s 18 machete attack after trial in absence

R v B: led in a VHCC multi-handed post-mortem allegation of care home neglect involving

R v G (a youth): branding allegation involving cross examination of a 6 year old complainant

R v H: vulnerable female defendant suffering from MS who was alleged to have technically assaulted a police officer who was arresting her in the course of a suicide attempt

James appear in cases involving the most serious allegations, both under the 2003 Act and historic provisions. He is used to dealing with cases involving vulnerable witnesses, including children.

R v S: Stranger attack and false imprisonment

R v DB (2015, Swindon Crown Court): acquittal after trial in family historic allegations

R v TB (2015, Swansea Crown Court): acquittal after trial in family historic allegations

R v I: allegation of sexual assaults by a teacher; numerous child witnesses

R v N: historic familial rape allegations from multiple family members going back to the 1970s