Conall Bailie

Year of Call: 2016  


Overview


Conall Bailie specialises in criminal law, appeals and crime-related public law.

He appears regularly in the Crown Court on behalf of the defence and prosecution, on both a private and publicly-funded basis. As a junior alone he has been successfully instructed in cases involving serious violence, drugs, modern slavery, conspiracies, and firearms and as a led junior has acted in matters involving large scale importation of drugs, and high value fraud.

Conall is always happy to provide advice on appeals and fresh evidence. Most recently he appeared successfully in the Court of Appeal in R v S [2019] EWCA Crim 2476, and is currently instructed in several cases before the Divisional Court including an appeal concerning Stonehenge protests.

Conall is also instructed regularly in summary trials acting for the defence across a range of criminal offences including driving matters and allegations of domestic violence. He is qualified to accept instructions directly from the public on these and other matters.

Prior to joining 2 Bedford Row, Conall was employed by Herbert Smith Freehills and Linklaters as a paralegal. He defended in cases prosecuted by the SFO, the FCA, and the Securities and Exchange Commission involving allegations of fraud, and also assisted in the defence of News Group Newspapers against allegations of phone hacking.

Fraud


Conall is instructed to prosecute and defend in all manner of fraud offences as both led junior and junior alone.

He was previously employed by Herbert Smith Freehills and Linklaters as a paralegal. He defended in cases prosecuted by the SFO, the FCA, and the Securities and Exchange Commission involving allegations of fraud.

Cases:

R v BN: represented defendant in eight-handed £4.5 million conspiracy to defraud involving ‘crash-for-cash’ allegations.

R v DW: Large-scale benefit fraud alleged against a vulnerable defendant who denied dishonesty due to their psychiatric condition.

R v DS: Accused of defrauding an elderly patient, proceedings discontinued after deficiencies in prosecution’s evidence were pointed out.

R v MR: Alleged to have dishonestly claimed benefits to the value of £9,000 over a lengthy period of time, following representations by Conall MR was sentenced to a small fine.

Prosecution


Conall accepts instructions to prosecute on behalf of the Crown Prosecution Service and Probation Service. He is a CPS Grade 2 prosecutor. Conall conducts all types of hearing in the Crown Court and Magistrates’ courts, including trials, sentencing hearings, and preliminary hearings, as well as appeals against conviction and sentence.

Conall has also been instructed in relation to private prosecutions by both individuals and corporations, and has experience in the conduct of such matters, including specific expertise advising on disclosure.

Conall also has familiarity in the prosecution of matters by local authorities, and public bodies such as Transport for London.

Defence


Conall has developed a defence practice acting on behalf of individuals charged with a range of offences in the Crown Court, Youth Court, and Magistrates’ Court.

Conall regularly defends in matters involving the full spectrum of criminal offences, including drugs, violence, and acquisitive offences.

Conall also accepts instructions to represent clients charged with all motoring offences including driving with excess alcohol, speeding, and dangerous driving. He is experienced in applications for exceptional hardship or special reasons on behalf of his clients.

Cases:

R v. SG: instructed to represent the defendant in a multi-handed county lines trial involving allegations of conspiracy to supply Class A drugs and possession of offensive weapons, involving a substantial amount of legal argument and technical analysis of phone and cell-site evidence.

R v JS: represented the lead defendant facing allegations of perjury following alleged false evidence given in the Magistrates’ Court;

R v. TK: represented 17-year-old defendant accused of ‘glassing’ (s. 18 GBH) a member of the public after a night out whilst intoxicated.

R v. CP: the defendant was charged with breaking his wife’s arm with a metal pole (s. 20 GBH). An application to exclude key prosecution evidence under s. 78 PACE resolved with the Crown offering no evidence.

R v. GH: GH was an elderly client charged with witness intimidation. Following representation at trial by Conall, and cross-examination of two prosecution witnesses GH was acquitted and maintained his good character.

R v. CH: One of several defendants charged with taking part in a race on a public road, having been videoed by a police officer conducting laps at speeds in excess of 90mph. After submissions on the law led by Conall, all defendants were acquitted.

Regulatory


Conall accepts instructions in all matters concerning regulatory breaches.

He is instructed to appear for both sides before various disciplinary panels, including the Nursing and Midwifery Council, and the General Optical Council, and has previously conducted work on secondment with the Association of Optometrists.

Conall also deals with matters brought by regulators in the criminal courts, and has a growing practice representing those accused of environmental crimes in prosecutions brought by local councils, and the Environment Agency.

Cases:

Environment Agency v. X Ltd: instructed in a four-handed prosecution to represent a company and director accused of long-standing breaches of environmental protection regulations.

Southend Borough Council v. TC: represented TC, who owned a company alleged to have committed multiple breaches of waste disposal regulation. All allegations were dropped following criticism of the Council’s prosecution processes.

Confiscation


Conall is experienced in providing representation in all manner of confiscation proceedings, including contested POCA hearings in the Crown Courts.

Conall also provides advice in relation to forfeiture and freezing orders in the Magistrates’ Court and has previously assisted in advising clients subject to NCA freezing orders in the High Court.

Cases:

EA v C: represented a company subject of contested POCA proceedings alleging a benefit figure of over £5 million.

International


Conall has a solid grounding in all elements of international criminal law, international humanitarian law, and matters with jurisdictional issues.

He has previously worked in The Hague on the case of Prosecutor v Stanišić & Simatović MICT-15-96, assisting in the defence of Jovica Stanišić during his trial for war crimes and crimes against humanity before the United Nation’s Residual Mechanism.

Conall was also retained in the matter of R v. AG and ors. a matter concerning military and dual-use items exported to Iran in breach of international sanctions and involving complex questions of jurisdiction and Customs and Excise legislation.

Memberships


CPS Panel Advocate Grade 2
Criminal Bar Association
Young Fraud Lawyers Association

Qualifications


LLB Law (Hons), Durham University (2011-2014)
BPTC, Outstanding, University of Law (2015-2016)

Scholarships:
Churchill Scholarship, Gray’s Inn (2016)
Headridge Award, Gray’s Inn (2015)