Tim Moloney QC

t.moloney@doughtystreet.co.uk

Year of Silk

2010

Year of Call

1993
Tim Moloney QC
Profile

Tim is the Deputy Head of Chambers. 

 

Tim's practice encompasses crime, extradition, international criminal law, public law and media law. 

 

Tim has consistently acted in high profile cases involving allegations of homicide, fraud, terrorism and general crime including sexual offences. He also has extensive experience of all levels of appellate advocacy including in both the House of Lords and the Supreme Court. He has acted in a number of criminal law related judicial reviews and has substantial experience in extradition proceedings. Tim also advises high profile organisations on their exposure to involvement with acts of terrorism and is regularly involved in training of lawyers overseas in the law and practice relating to terrorism.

 

Following the completion of his Ph.D, Tim was a lecturer in law before being called to the Bar in 1993. He continues to write and lecture extensively on criminal law and procedure. He is the author of the sexual offences, terrorism and appeals sections of Blackstone’s Criminal Practice and is the author of the sentencing chapters in Rook and Ward on Sexual Offences. Tim is also on the panel of experts for Halsbury’s Laws.

 

What the Directories Say

 

Tim is ranked in Band 1 of Crime Silks, and is in the Spotlight Section for International Criminal Law in the current edition of ‘Chambers and Partners’ directory and is classed as a leading silk in crime in the current ‘Legal 500’.

 

Chambers and Partners 2017: - "His intellect and knowledge are matched only by his compassion and humanity” ."An 'outstanding' practitioner who is highly praised for his exceptional advocacy skills, client-handling abilities and intellectual acumen. Considered a "true professional," he is particularly accomplished when it comes to handling serious criminal matters involving terrorism and murder. He is also well known for his niche experience in advising on reviews of death penalty decisions resulting from the actions of British government departments". "A phenomenal academic lawyer with an incredible grasp of detail." "He is dedicated and passionate, has astonishing recall and attention to detail, and possesses a truly incisive mind”. "A remarkable barrister”.

 

Chambers and Partners 2016: - "He is fiercely impressive and very effective in trials. He is a very personable advocate who is very smart - it's a lethal combination." "He is very attentive, very good on the detail, very articulate and very good at winning cases." "He is really bright, really committed, accessible, proactive, always there with the clients and a pleasure to work with." "He never makes clients feel like they are an inconvenience, and he responds immediately."

 

Chambers and Partners 2015: "He's one of the foremost terrorist lawyers in the country and is highly respected internationally".

 

Chambers and Partners 2014:  "He is a powerhouse intellectual".

 

Chambers and Partners 2013: "He has an art that makes people listen no matter the argument," 

 

Legal 500 2014: "Works wonders with a case and gains clients' trust in seconds".

Homicide and Related Grave Offences

Tim is one of the foremost practitioners in England in this area of law. At appellate level, he has recently appeared in the series of cases concerned with the law relating to joint enterprise, namely, Jogee…., Johnson and others, and Garwood and others. He regularly defends in high profile murder trials.

For further details of his experience, including recent cases, please contact his clerk, Tom Street.

Terrorism

Tim’s first terrorist case was Kebilene and others in 1997 – a plot by members of the Algerian GIA. Since then he has been instructed in a great many of the major terrorist trials seen in this country.

For 10 years, he has been the author of the terrorism section of Blackstone’s Criminal Practice. He advises a number of organisations on preventing their inadvertent involvement in terrorism in the course of their activities. He also regularly provides training around the world on terrorism and human rights for the United Nations and other organisations and regularly advises major media organisations on issues of disclosure.

For further details of his experience, including recent cases, please contact his clerk, Tom Street.

Extradition

Tim’s first major extradition case was Al Fawwaz and others [2002] 1 AC 556, a case concerning the Bin Laden bombings of the US embassies in Dar es Salaam and Nairobi in 1998 which proceeded to the House of Lords. Since then he has appeared in many extradition cases involving a range of clients including alleged members of the Naples Camorra, members of Irish Republican groups and individuals from a wide range of countries around the world. His most recent notable cases include Algeria v K (the first extradition of a person from the UK to Algeria) and Brown and others [2017] …. (the long-running proceedings against men accused of involvement in the 1994 Rwandan genocide.

For further details, please contact his clerk, Tom Street.

Criminal Appeals

Tim is one of the country’s leading appellate advocates. He is regularly instructed in legally and factually complex criminal appeals in the Court of Appeal (including advice work on applications to the CCRC) and the Supreme Court. He is the author of the Appeals chapters in Blackstone’s Criminal Practice. His recent cases include Jogee, Johnson, Hewitt. He has also appeared in a number of appeals in Court of Appeal in Northern Ireland.

For further details, please contact his clerk, Tom Street. 

Regulatory and Financial Crime

Tim is very experienced in this area. He has acted in three major fraud trial in the past two years, one of which was prosecuted by the Serious Fraud Office and the other two by the Metropolitan Police specialist fraud team.

For further details, please contact his clerk, Tom Street.

Prison Law and Crime Related Public Law

Tim has represented a number of people subject to control order proceedings.

  • Secretary of State for the Home Department v BB Divisional Court and Court of Appeal, 2012 Control Order proceedings
  • Secretary of State for the Home Department v BF Divisional Court, 2011 Control Order proceedings
  • Secretary of State for the Home Department v AM Divisional Court and Court of Appeal, 2011 Control Order proceedings

He is regularly instructed in judicial review proceedings related to criminal law. His recent cases include:

  • GR v WPZDivisional Court, 2014, judicial review of decision of CPS not to intervene in a private prosecution
  • AKDivisional Court, 2013, judicial review of decision of the CCRC

International Crime

Tim has extensive knowledge of International Humanitarian Law, including its relationship with domestic law. He appeared before the Supreme Court 2013 in the leading case on the extent to which s.1 of the Terrorism Act 2000 has to be read down in the light of international law so as to exclude legitimate military acts perpetrated during a non-international armed conflict. (see Gul [2014] 1 Cr. App. R. 14]).

Tim is also regularly involved in international training of lawyers on issues of terrorism and human rights for organisations including the United Nations Office for Drugs and Crime.

He also has a special interest in international maritime piracy, having written and been consulted on the subject on numerous occasions. He is acting in litigation on the transfer of pirate detainees to the Seychelles. He regularly delivers lectures on the law relating to maritime piracy to the Attorney General’s Department of the Sultanate of Oman. Tim is also joint author of the chapter relating to piracy in ‘Blackstone’s Criminal Practice’.

He has recently advised in proceedings concerned with the imposition of sanctions by the European Union on a person suspected of close connections with the Syrian government.

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