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David Patience

Year of call: 2009

Education:

2007 BA (Oxon) (Literae Humaniores)

2008 GDL (City University)

2009 BVC (BPP)

 

Areas of Practice:       Crime

                                   Extradition

                                   Judicial Review

 

 

Significant Cases:        R (Asliturk) v City of Westminster Magistrates Court [2010] EWHC 2148 (Admin)

                                    Asliturk v HMP Wandsworth [2010] EWHC 1710 (Admin)

                                    Halligen v USA (soon to be reported)

 

 

David was taken on as a tenant in chambers in March 2011 following successful completion of his pupillage. His pupil supervisors were Timothy Kendal, Adam Budworth, Alan Compton and Valerie Charbit.

 

David's main areas of practice are crime, extradition and judicial review and since being "on his feet," he has gained significant experience in these fields in the Magistrates' Court, the Youth Court and the Crown Court. He has also already appeared in the Administrative Division of the High Court on three occasions, twice as a led junior (Asliturk) and once acting alone (Halligen). In addition to this, he is currently instructed in two other matters pending before the Administrative Court, having been sought out to assist more senior members of chambers specifically for his drafting skills.

 

Crime


Experience in the Magistrates' Court and Youth Court includes defending and prosecuting in a broad range of hearings, including numerous fully contested summary trials and committal proceedings involving serious offences (Robbery, ABH, Assaulting a Police Officer, Burglary, Benefit Fraud, Theft, Criminal Damage, Affray etc). David has also developed particular expertise representing those charged with road traffic offences (Drink Driving, Careless Driving, Speeding etc) and is regularly instructed by several firms of solicitors known for their specialism in this field.

 

Recently, David secured the discharge at committal proceedings of a defendant charged with being involved in the violent disorder which occurred in East London after the West Ham v Tottenham premier league football match in August 2009, where the prosecution had alleged that he was one of the principal organisers of the incident; the co-defendants in that case, who were not discharged at the committal, were subsequently convicted in the Crown Court after trial and received lengthy custodial sentences.

 

David also has experience of a broad range of matters in the Crown Court, including fully contested trials on indictment, sentencing hearings and plea and case management hearings in serious matters (GBH with intent, Rape, Supplying Class A, Violent Disorder, ABH, Theft, VHCC Fraud, Burglary etc). He also has conducted hearings in proceedings relating to the Proceeds of Crime Act 2002.

 

David predominantly defends but has also prosecuted for the Crown Prosecution Service (CPS), the Department of Work and Pensions (DWP), the Commissioners of Her Majesty's Revenue and Customs (HMRC) and the National Probation Trust in both the Magistrates' and the Crown Court.


Extradition


Experience in extradition proceedings include representing requested persons at first instance in the Magistrates' Court and on appeal to the High Court. David has also acted in proceedings whereby the legality of decisions taken by a District Judge in the Magistrates' Court has been challenged by way of judicial review to the High Court.


Judicial Review

 

David has already appeared in the Administrative Court in judicial review proceedings (R (Asliturk) v City of Westminster Magistrates [2010] EWHC 2148 (Admin)) and is currently instructed as second junior, being led by William Clegg QC, in proceedings before the High Court challenging the legality of the Ministry of Justice's decision to close Sittingbourne Magistrates' Court. David is also currently instructed in a 'case-stated' pending before the High Court in proceedings relating to the Proceeds of Crime Act 2002.

 

Regulatory and Inquests

 

During pupillage, David assisted Timothy Kendal in proceedings before the Regulatory Decisions Committee of the Financial Services Authority and in an inquest into the death of a 3 month old baby at a religious ceremony, which involved lengthy and complex expert medical evidence relating to the emergency resuscitation of neo-natal infants.

 

In early 2011, David also spent a month on secondment to the Treasury Solicitors, working on disclosure issues in an inquest into a death in custody, in circumstances where systemic racism amongst prison staff was alleged by the family of the deceased.

 

 

Publications:    

 

'Olympic Doping and Police Search Powers: Lord Moynihan's Proposals' World Sports Law Report, May 2010 (Co-authored with Jim Sturman QC)

 

Prizes:   

 

2008    Prince of Wales Scholarship (Gray's Inn)

2007    David Karmel Award (Gray's Inn)

2006    Viscount Sankey Award (Jesus College, Oxford University)

2005    J T Christie Memorial Prize (Jesus College, Oxford University)