Tom Davies
Call: 2018
“This is an excellent set that has worked hard to secure a well-deserved position amongst the leading sets at the Criminal Bar.”
Chambers UK Bar, 2022
Personal profile
Tom has a broad range of experience acting on behalf of both the prosecution and defence. His clients include individuals and corporate entities with a focus on international criminal matters.
Tom is an extradition specialist. He accepts instructions on behalf of judicial authorities and requested persons and was formerly seconded to the CPS Extradition Unit. He is regularly instructed to appear at first instance and in the High Court. He is instructed across the full spectrum of extradition issues. Increasingly, his cases involve complex arguments relating to the validity of warrants, dual-criminality, re-trial rights, as well as extensive expert evidence in relation to human rights issues.
Tom’s domestic criminal law practice focuses on fraud and regulatory offences arising from commercial activity. He has acted in private prosecutions in relation to offences under the Insolvency Act 1986, Companies Act 2006 and Company Directors Disqualification Act 1986.
Tom is also often instructed in advisory and review work. He is currently instructed as part of the counsel team to The Cranston Inquiry and has previously acted as Independent LPP Counsel and Disclosure Counsel in large fraud investigations conducted by the Serious Fraud Office and the National Crime Agency.
Tom is available to be instructed under the Direct Access Scheme.
Fraud
Tom has been instructed in and defended many cases dealing with Fraud.
- Re X (2021- 2024) – Instructed as disclosure junior for the Serious Fraud Office in a multi-million pound fraud investigation.
- R v R (2023) – Tom was instructed on behalf of the Insolvency Service to prosecute a significant Bounce Back Loan fraud. The director received a suspended custodial sentence and was disqualified under the CDDA 1986 for 3 years.
- R v B and A (2021)- Instructed to represent 2 former directors in POCA proceedings following their conviction for multiple offences under the CDDA 1986.
- R v S (2021) – Defended in private prosecution resulting from the collapse of an airline valued at £2m.
- R v X (2020) – Instructed as independent LPP Counsel in a cross-border immigration fraud.
- R v M (2020)- Defended carer client convicted of stealing from her patient.
- R v W (2020) – Instructed to represent the first defendant in private prosecution of a wholesale counterfeit tobacco operation.
Extradition
Tom is able to act for requested persons and judicial authorities across all areas of Extradition law. He is regularly instructed in cases involving complex legal argument regarding section 2 and section 20 of the Extradition Act 2003, dual-criminality, double jeopardy and abuse of process arguments.
- Spain v M (ongoing) – instructed for the JA in a case of attempted murder arising from a drug deal gone awry.
- Poland v W (ongoing) – instructed for JA in case involving lengthy abuse of process argument arising from previous proceedings.
- Portugal v S – instructed for JA in case involving complex section 10 argument regarding gross negligence manslaughter and regulatory offences arising from the incorrect installation of a gas boiler.
- Haczelski v Poland [2024] EWHC 459 (Admin)
- Rozwens v Poland [2024] EWHC 624 (Admin)
- Kobierowski v Poland [2024] EWHC 366 (Admin)
- Ossowksi v Poland [2023] EWHC 3249 (Admin)
- Poland v H (2023 ongoing) — instructed for JA in case involving interpretation of Article 693 TaCA and whether, and to what extent, extradition arrangements may be suspended by the UK with Member States where there are ‘serious and systemic deficiencies’ in protecting fundamental rights or the rule of law in that jurisdiction.
- Poland v B (2023 ongoing) — instructed for JA in case involving two ‘overlapping’ conviction warrants and argument regarding the effect of that overlap on section 2, double jeopardy and abuse of process.
- Ireland v A (2022) — RP requested on an accusation warrant for multiple offences of assault. Appeared at first instance and drafted submissions on appeal in relation to whether a conforming interpretation was required to give effect to Articles 597 and 613 of the TaCA. Permission to appeal refused.
- Poland v H (2022) — RP requested on a conviction warrant involving 14 offences of theft. Successfully appeared for JA at first instance and on appeal. Argument involving the intersection of the concept specialty and sentence disaggregation.
- Government of the United States of America v Al Sarbel [2022] EWHC 1294 (Admin) — successful appeal on behalf of JA against the grant of bail to requested person in an accusation case.
Serious & Organised Crime
- R v A (2023 ongoing) — Tom is instructed to defend as led junior in a high-value, multi-handed class A drugs conspiracy. The case involves significant argument as to evidence obtained from EncroChat.
- R v T, M and S (2022) — Tom was instructed to prosecute a multi-handed commercial burglary by three individuals of their former employer.
Road Traffic Offences
Tom acts for companies and individuals accused of Road Traffic Offences.
- R v S (2021) – Instructed to prosecute an individual for dangerous driving.
- R v F (2020) – Appeared for a client charged with an offence contrary to the Road Traffic and Regulations Act 1984.
- R v R Ltd (2019) – Instructed to act for a large global company in respect of driving matters.
- R v C (2019) – Acted for a client charged with drink-driving being over 3x the legal limit of breath.
Serious Violence
Tom prosecutes and defends offences of Serious Violence, in particular where they are aggravated by a breach of trust or the presence of a weapon.
- R v D (2021) – Prosecuted an offence of affray and possession of a large knife.
- R v V (2021) – Defending a prison officer accused of assaulting an inmate.
Education
• BPTC, BPP Law School
• LLB (Hons), University of Southampton, First Class Honours
Awards
• Inner Temple BPTC Exhibition Award
• BPP Advocacy Scholarship
• Lord Justice Fulford Scholarship
• 3PB Prize for Best Performance in Criminal Law Exam
Professional appointments
• CPS Specialist Panel Advocate, Extradition (Grade 2)
• CPS Panel Advocate (Grade 2)
Memberships
• Inner Temple
• CBA
• South Eastern Circuit
• Extradition Lawyers Association
• Defence Extradition Lawyers Forum
• Young Fraud Lawyers Association
• Administrative Law Bar Association
Publications
- ‘The Lucy Letby Inquiry’(2023) 8049 NLJ 9, co-author with Sailesh Mehta
- Crypto Fraud: An Evolving Legal Landscape (2022) 172 NLJ 7978 p.19, co-author with Michael Goodwin QC and Simon Davison.
- What Your Business Needs To Know About Crypto Fraud, 30 March 2022,TechRound, co-author with Michael Goodwin QC and Simon Davison.
- Abuse of Process in Criminal Proceedings, 5th edn, Bloomsbury Press, author of ‘Procedural Considerations’ chapter and co-author of ‘Extradition’ chapter with Hugo Keith QC.
- Health and Safety: a round up of health and safety law for defence lawyers, Red Lion Webinar, 17 June 2021, Speaker with Sailesh Mehta and Richard Beynon.
- When Points Don’t Mean Prizes: disqualification and driving offences, Red Lion J6 Webinar Series, 27 May 2021, Speaker with Francesca Kirby.
- Directors’ Liability and Disqualification, Red Lion Webinar, 22 July 2020, Researcher and assistant.
- Give a little more law this Christmas: J5 review of the legal year, Red Lion J5 Lecture, 17 December 2019, Speaker with Faye Rolfe.
- Assisted editing chapter 19 of Archbold 2020 for Riel Karmy-Jones QC
- Assisted editing of the Encyclopaedia of Road Traffic Law for Hannah Willcocks