David Rhodes KC

Practice Areas

Criminal Law

Actions Against the Police and Public Authorities

Career

David has a formidable reputation for meticulous preparation which shines through in his polished courtroom advocacy. David is praised equally for his skill in cross-examination and closing speeches as he is for his persuasive written advocacy.

David is a versatile advocate who deliberately maintains an eclectic and diverse practice. Recent instructions range from heavyweight allegations of homicide, serious violence and organised crime, to cases of rape and ‘historical’ sexual offences requiring a delicate touch, to esoteric and intellectually challenging fraud work.

In addition to criminal trials, David advises on and conducts fresh criminal appeals and is a contributor to the leading textbook, Taylor on Criminal Appeals (OUP 2022).

David also has expertise in crime-related public law, extradition, courts martial, actions against the police and inquests.

In 2023, he was appointed as a Recorder, sitting as a part-time judge in the Crown Court.

Professional Memberships

Criminal Bar Association

Publications

David has contributed chapters to Human Rights in Criminal Law edited by Ben Douglas-Jones KC et al (Bloomsbury 2023); Taylor on Criminal Appeals, edited by Paul Taylor (OUP 2022); The Law of Public Order and Protest (OUP 2010); and Human Rights in the Investigation and Prosecution of Crime, edited by Jonathan Cooper OBE and Madeleine Colvin (OUP 2009). For many years he wrote a quarterly column, Life in Crime, in the Solicitors' Journal. He also regularly presents seminars on his specialist areas of practice.

Personal

David is approved as a pupil supervisor by Middle Temple.

David is captain of the KBW Cricket Club (‘The Devil’s Advocates’), a wandering team of barrister-cricketers which plays across the south east of England and has toured Europe and the USA.

David has acted as a legal consultant to BBC Radio 4 in the production of a courtroom drama series.

Industry Sector Expertise

Homicide

David is consistently instructed to act for defendants charged with the most serious of offences. Recent instructions include:

R v Firkins and Firkins – Murder – Reading CC

In 2006, the Firkins brothers were convicted of the most notorious double murder in Cornwall’s history. Their first appeal in 2008 was rejected by the Court of Appeal but their convictions were finally overturned in 2023 following a CCRC referral back to the CACD. The case was due to be retried in 2025 but the Crown finally offered no evidence on the eve of trial. Read the dramatic story here.

R v BL – Murder – Basildon CC

Murder case arising from a shocking episode of violence in the Lakeside shopping centre in Essex, resulting in a fatal stabbing.

R v KB – Murder – Basildon CC

Murder case arising from a fatal stabbing at a New Year’s Eve party. PF died from a single stab wound to the heart. The two female defendants, HS and KB, ran ‘cut-throat’ defences, each asserting that the other had stabbed PF, who was HS’s boyfriend. In the result, HS was convicted of murder whilst KB was acquitted.

Serious Criminal Offences

R v MSA – Kidnapping, Firearms, False Imprisonment – Luton CC

Defence of a man alleged to have kidnapped the girlfriend of his love rival at gunpoint and driving her around the country for 3 days in the boot of a hire car.

R v KM – Conspiracy to Murder and Conspiracy to Supply Drugs – CCC

One of the first ‘Encrochat’ cases at the Central Criminal Court. KM was alleged to have commissioned a ‘hit’ on a criminal rival. The allegation of Conspiracy to Murder was dismissed. KM was sentenced to 17 years for Conspiracy to Cause GBH and Conspiracy to Supply multiple kilos of cocaine and ketamine.

Serious Sexual Offences

David is highly experienced in defending the most serious allegations of sexual offending, including cases attracting publicity and requiring careful case strategy and delicate conduct both in and out of court.

R v RS – Rape and other sexual offences – Plymouth CC

Defence of a man who ran a teeth-whitening salon in Plymouth accused by multiple women of rape and other serious sexual offences.

R v LS – Rape - Guildford CC

Successful submission of no case to answer in a serious and sensitive charge of rape involving three teenagers. His client had no previous convictions and was vulnerable. Following cross-examination of Crown witnesses, David mounted a legal argument that there was no case to answer. The court dismissed the charge. The prosecution immediately indicated they would not seek to appeal the terminatory ruling.

Fraud and Money Laundering

Alongside his trial work, David provides pre-charge advice in SFO prosecutions

Recent instructions include:

R v JB and others – Fraud – Canterbury CC

This is a complex and unusual fraud prosecution by the Maritime and Coastguard Agency in which the Prosecution allege that the defendants have engaged over many years in the commercial exploitation (‘plundering’) of shipwrecks, including the wrecks of First World War battleships and war graves in the English Channel.

R v TW – Money Laundering - CCC

TW was the former partner of DM, a convicted drug dealer. It was the Crown’s case that TW received approximately £100,000 cash deposits into her various bank accounts The Crown identified hundreds of cash deposits with no attributable or named source which they alleged must have originated from DM’s drugs enterprise. Through meticulous analysis of the patterns of deposits, the defence were able to establish legitimate sources for the vast majority of deposits and the Crown offered no evidence.

Extradition

David has appeared in some important extradition cases in recent years:

India v Velu

One of the longest running and most complex extradition cases currently before Westminster Magistrates. Mr Velu is sought for extradition to India for trial alleged terrorist offences committed in the early 1990s. In fact, Velu stood trial on this matter between 1993-1996, when he was granted bail. By 2002, the court still had not reached a verdict and 12 judges had been ‘removed’ from the case. In 2003, Velu was granted asylum in the UK from this very prosecution. In 2007, he became a British citizen which then exposed him to the prospect of extradition once more.

Poland v Simao

One of the very few successful defences of a extradition request based on prison conditions in Poland. The Court found that there was a real risk that if returned to Poland, the prison system could not protect a black African man (accused of sexual offences against a white woman) from inhuman and degrading treatment contrary to Article 3 ECHR.

Courts Martial

David has significant experience of defending service personnel before the General Courts Martial, especially in Germany. Recent cases include:

R v Corporal PR - Court Martial, Germany

Defence of a corporal charged with rape. The case involved issues of capacity to consent.

Education