Theodore Burges
Call: 2023
“Excellent criminal set with a justifiable reputation as a market leader.”
Legal 500, 2022
Personal profile
Theo regularly defends in a range of criminal matters in both the Magistrates’ Court and the Crown Court and prosecutes on behalf of the CPS as a Grade 2 panel advocate
In addition to his criminal practice, Theo has experience in regulatory and quasi-criminal matters. He represents appellants in licensing appeals and respondents in cases involving Account Freezing Orders and Sexual Risk Orders.
Theo has developed particularly strong knowledge on the law of automatism, having assisted Jennifer Dempster KC throughout a complex homicide case from trial through to the Court of Appeal. As a result, he is well placed to advise on such matters.
Theo also has a specific interest in National Security and Espionage Law. He has co-authored an article with Barnaby Jameson KC on the impact of the National Security Act 2023. Consequently, he is well informed of continuing developments in the field.
Prior to his legal career, Theo worked at the Ministry of Defence advising on a variety of policy areas. Whilst living in Ghana, he worked at an international energy company assessing the impact of government legislation on company activities
Crime
Theo frequently represents defendants in both the Crown and Magistrates’ Court. His experience encompasses matters ranging from theft through to GBH and serious sexual offences. Theo routinely addresses the admissibility of evidence and is particularly well-versed in issues relating to res gestae evidence.
Theo also prosecutes on behalf of the Crown Prosecution Service as a Grade 2 panel advocate and also has experience of private prosecutions.
Theo has developed extensive knowledge of automatism, the National Security Act 2023, disclosure of third-party material, and the admissibility of foreign intercept evidence in POCA proceedings.
Featured Cases:
R. v D – Peterborough Crown Court
• Committal for sentence for PWITS Class A – Secured a suspended sentence for defendant found in possession of 138g of cocaine in 302 wraps. The Crown placed his offending within Category 3, Significant Role. However, following Defence submissions, the Court placed the offending within Lesser Role and considered that the sentence should be suspended for the reasons advanced by Counsel.
R. v M – Snaresbrook Crown Court
• Sentence for Inciting a child under 13 to engage in sexual activity (non-penetrative) – Secured a suspended sentence for a defendant facing a four count indictment, all of which related to child sex offences, in a complex sentencing exercise.
• Starting point for the most serious offence was 5 years’ custody. Following submissions, the Court considered that the case was of an exceptional nature and therefore felt able to suspend the sentence.
R. v A – Stratford Magistrates’ Court
• Assault by Beating – Defendant had made admissions on body-worn footage, however, following the drafting of s.76 and s.78 applications, the Crown offered no evidence
Proceeds of Crime and Confiscation
Theo is continuing to build his expertise in relation to Proceeds of Crime.
He has represented defendants during confiscation proceedings and has achieved significant results. He is well versed in identifying key issues and whether proceeds are indeed available.
He has also represented respondents who are subject to Account Freezing Orders and seek to challenge such orders; he is well aware of the complex nature of these matters and can advise on the unusual issues that often arise in relation to these types of proceedings.
Featured Case:
R. v H – Aylesbury Crown Court
• Contested Final POCA Confiscation Hearing – The Crown sought confiscation of ~£70,000. Following examination-in-chief of the defendant and submissions, the Defence succeeded on all contested issues, reducing the Confiscation Order by ~£53,000.
Terrorism
Theo has represented defendants in the preliminary stages of proceedings in terrorism related cases. His experience has meant that his is able to identify potential issues and advise at an early stage.
Featured Cases:
R. v V – Westminster Magistrates’ Court
• Represented a defendant at an application for extended detention. The defendant was alleged to have procured a firearm, possessed terrorist material and prepared acts of terrorism.
R. v R – Westminster Magistrates’ Court
• Secured conditional discharge in case involving a Schedule 7 (Terrorism Act 2000) stop.
Regulatory & Professional Disciplinary
Theo has appeared for appellants in licensing appeals in the Magistrates’ Court, particularly in relation to appeals against TFL.
Education
- BVS, The City Law School, Very Competent (2022)
- GDL, The University of Law (Bloomsbury), Distinction (2021)
- BSc. (Hons.) Politics and International Relations, The University of Bristol, First Class (2019)
Awards
- Lord Justice Holker Scholarship (2021), The Honourable Society of Gray’s Inn
- The City Law School Scholarship for Academic Excellence (2021), The City Law School
- Josephine Barnes Scholarship (2020), The Honourable Society of Gray’s Inn
Memberships
- The Criminal Bar Association
- Young Legal Aid Lawyers