Paul Taylor KC

Practice Areas

Crime / Criminal appeals

Career

Paul Taylor KC is a barrister specialising in criminal appeals. He is head of the 5KBW Criminal Appeals Unit and the general editor of Taylor on Criminal Appeals.

Paul has developed a particular expertise in appellate cases involving fresh expert forensic evidence (including GSR, DNA, CCTV), homicide, and offenders with mental disorders. He regularly represents appellants before the Court of Appeal (Criminal Division) (being instructed at the appellate stage), and he has appeared before the Court of Appeal in Northern Ireland, the Judicial Committee of the Privy Council in appeals from the Caribbean, and (remotely) before the Eastern Caribbean Supreme Court, and the Court of Appeal of Trinidad and Tobago.

Paul also has extensive experience in drafting submissions to the Criminal Cases Review Commission,

He is licenced under the Direct Access Scheme and can accept instructions directly from members of the public in appropriate cases.

Paul was appointed a Recorder in 2019 and sits in both the Crown Court and the Family Court.

Professional Memberships

Criminal Bar Association, Criminal Appeal Lawyers Association, Bar of Northern Ireland

Publications

Paul is the general editor of Taylor on Criminal Appeals, the leading practitioners’ textbook dealing with procedural aspects of criminal appeals and reviews. The third edition was published by Oxford University Press in 2022. The first (2000) and second (2012) editions were cited variously in the House of Lords, Judicial Committee of the Privy Council, Court of Appeal (Criminal Division), Court of Appeal in Northern Ireland, Final Court of Appeal in Hong Kong, Court of Appeal of New Zealand, High Court of Fuji, Eastern Caribbean Supreme Court, and Caribbean Court of Justice.

Paul has also written case commentaries on appellate matters in England and Northern Ireland including:

Taylor (Bonnett): (Case Comment) [2013] Crim. L.R. 10, 844- 848 (The use of fresh evidence on appeal).

R. v Pope (John Randall): (Case comment) [2013] Crim. L.R. 421-425 (The “lurking doubt” test)

R v McCook (Jason): (Case comment) [2015] Crim LR 350 (The requirement of fresh appellate legal representatives to contact trial lawyers.)

R v Gray and others (Case comment) [2015] Crim LR 352 (The Court of Appeal's approach to making loss of time directions and whether they are proportionate to the initial term of imprisonment.)

R v George (Dwaine) (Case comment) [2015] Crim LR 715 (Admissibility of fresh expert evidence on appeal.)

R v McCarthy (Jamie) (Case comment) [2016] Crim LR 145. (Challenging convictions based on guilty pleas and criticism of trial counsel.)

R v Stromberg: (Lexis®PSL Corporate Crime on 16 April 2018). An analysis of the practical effects of this case for those advising a defendant convicted after what are thought to be wholly flawed proceeding.

The Jogee effect: (Counsel Magazine, September 2018) An analysis of the evolution of the law on joint enterprise and impact on potential appellants convicted under the ‘old law’.

Paul is Head of the 5KBW Criminal Appeals Unit.

He hosts Appealcast, an occasional podcast dealing with issues in appellate crime.

Paul has provided training on criminal appeals in England, Northern Ireland, the Cayman Islands, The Bahamas, and (remotely) to members of the Organisation of Caribbean Commonwealth Bar Association and the Law Association of Trinidad and Tobago.

Paul is currently assisting the Bar Council Law Reform Committee with submissions to the Law Commission on its review of the criminal appeal system.

Work Highlights

Paul has appeared before appellate courts in England and Wales, Northern Ireland, and the Caribbean including, most recently:

England, Wales and Northern Ireland

James Smith [2023] NICA: Northern Ireland Court of Appeal): Appeal against murder and attempted murder convictions. This was the first CCRC referral in Northern Ireland based on Jogee. Additional grounds relate to CCTV, DAN and circumstantial evidence.

Adrian Jones (Deceased): [2021] EWCA Crim 929: Court of Appeal (Criminal Division): Mr. Jones had been convicted of the murder of a stranger in 2008. Following an unsuccessful appeal by trial counsel, Paul drafted submissions to the CCRC who referred the case back. The grounds were based on fresh psychiatric evidence about Mr. Jones mental state at the time of the killing, the presence of schizophrenia, the interplay with drug abuse and its impact on his behaviour. Fresh psychiatric evidence was called by both parties. Sadly, Mr. Jones died before the appeal hearing. The Vice President of the CACD (Fulford LJ) stated: Mr Taylor and (prosecution counsel) have guided the court with skill through a factual, psychiatric and jurisprudential labyrinth.”

Minhas [2018] 2 Cr App R (S) 6: Court of Appeal (Criminal Division). Mr. Minhas appealed against his sentence. It was submitted that there were compassionate grounds to reduce his sentence to reflect the difficulties that he would face in prison as a result of his motor neuron disease (MND) and that a deterioration in his condition since the date of sentence had the consequence that he would face exceptionally severe hardship when serving his sentence.

Privy Council and Caribbean

Roger Watson v The King [2023] UKPC 32. Privy Council. Mr. Watson’s sentence of 50 years imprisonment for manslaughter was quashed and his case was remitted to the Court of Appeal of The Bahamas for resentencing.

Roger Mootoo and others v The State [2021]: Court of Appeal of Trinidad and Tobago: The Appellants had been convicted and sentenced to 28 years imprisonment with hard labour. The prosecution alleged that the deceased had been killed in a drug related revenge attack, and relied on accomplice evidence. The Court made comprehensive findings in relation to adverse publicity, non-disclosure (describing the prosecution stance at trial as having generated “profound disquiet”), the need for an accomplice warning, misdirection on lies, and the unviability of the prosecution case on manslaughter. They further found for the appellants on the rare ground of lurking doubt. The prosecution did not seek a retrial

Kenyatta Boynes v The Queen [2020] Eastern Caribbean Supreme Court (Court of Appeal. British Virgin Islands). Mr. Boynes appealed against his conviction for murder and attempted murder. The grounds related to prosecution impropriety, CCTV and identification evidence.

Williams v Supervisory Authority [2020] UKPC 15; Privy Council. An appeal from the High Court of Antigua challenging the constitutionality of the Antiguan money laundering regulations

Warrington Philips v DPP (St. Kitts and Nevis) [2017] UKPC 14: Privy Council. Murder appeal.. The grounds were based on fresh DNA expert evidence, errors in the summing up, and criticism of prosecutor and trial defence counsel.

As junior counsel, Paul acted in a large number of Caribbean appeals to the Privy Council. These included capital cases such as Smalling [2001] UKPC 12; (2001) 58 WIR 341 PC; Solomon [1997] UKPC 59; (1999) 57 WIR 432 PC; Henry (1996) WIR PC; Holder [1996] UKPC 27; (1996) 49 WIR 450 PC: Logan [1996] UKPC 64; [1996] AC 871 PC. Hopson [1994] UKPC 20; [1994] 45 WIR 307 PC.

Expert in these Jurisdictions

Criminal appeals in England and Wales, Northern Ireland, the Judicial Committee of the Privy Council, the Eastern Caribbean Supreme Court, and Court of Appeal of Trinidad and Tobago.

Education

Awards