Stephen Cragg specialises in public law in social welfare and human rights areas, and in particular in the areas of community care, the criminal justice system, social services and health law, mental health, and coroners' inquests.
His other area of expertise is in civil actions against the police and he is the co-author of the Legal Action Group publication Police misconduct: legal remedies (4th edition published April 2005). Stephen is also a Special Advocate and has been appointed in a number of control order and SIAC cases, as well as in parole board, family division and security vetting cases. Stephen has been listed for many years up to and including 2010, in the Chambers and Partners Directory as a leader in his field in public and administrative law, human rights and police law. Comments from the directory in the past two years include: - Public and Admin Law: the very "forceful yet personable advocate" Stephen Cragg is "a robust advocate who stands his ground." Solicitors admire him for his "ability to deal with large amounts of paperwork and home in on the kernel of the matter." "The "fantastic" Stephen Cragg is a favourite with many solicitors because he is "very down-to-earth, very successful and responsive", and can be relied upon for his "meticulously detailed approach".
- Human Rights: "has a thriving practice and received numerous recommendations from interviewees. In a busy and successful year, he appeared before the ECHR in Marper v UK, a case of huge singificance that considered whether the state should be allowed to retain fingerprints and DNA samples of the accused and use them for the purpose of detecting crime".
- Police law: Recognised as being "pivotal to the area of police law," Stephen Cragg leads the Actions Against the Police team. "Second to none when it comes to understanding the limits of police powers." Excellent both on advices and on his feet, he was a key figure on the Marper case where he once again demonstrated that "there are few better than him on the law." His practice encompasses advice and litigation in civil actions against the police, appearing at inquests into deaths in police custody, and acting generally in public law and human rights cases involving the police. Of late, he has also been involved in two important cases dealing with the miscarriage of justice compensation schemes: R (Niazi & Others) v Secretary of State for the Home Department and the Court of Appeal case of Lotfi Raissi. Cragg is "an eloquent advocate who inspires confidence" and "remains extremely committed and determined to the cause." The 2008 directory states that "he was praised by clients because he has the complete package - a good bedside manner, thorough preparation and skill on his feet."
Stephen also provides general advice and representation for a number of local authorities and NHS bodies. He has acted for and advised a range of NGOs over the last few years, including the Equality and Human Rights Commission and Liberty. He is a consultant editor for the UK Human Rights Reports, legal update editor for the Community Care Law Reports, and a regular contributor of articles to Legal Action and other journals. Between 2003 -2008 he wrote a weekly column for the Times on new legislation and case law of interest to public sector employees. He was a major contributor to the PLP's publication "An applicant's guide to judicial review" published by Sweet and Maxwell in 1995. Prior to his call to the Bar, Stephen was the first project solicitor to the Public Law Project, developing the PLP's test case strategy in social welfare public law areas, and acting for individuals and groups in such cases. Stephen is currently Chair of the PLP. He also sits as a part-time Tribunal Judge of the Mental Health Review Tribunal. Stephen has been vice-chair of the Law Centres Federation (1993-1994); Fellow in Public Law Essex University (1997-1999); and a member of the Civil Justice Council (1998-2000). Some of his recent cases in the High Court, Court of Appeal and Supreme Court/House of Lords include:- Criminal justice and police powers - R (L) v Metropolitan Police Commissioner [2010] 1 AC 410, SC (duty of police to disclose information for enhanced criminal record certificates, and Art 8) (acting as leader)
- Marper v UK (App nos 30562/04 and 30566/04) (4 December 2008) (UK's policy of retaining DNA samples for unconvicted persons ruled unlawful by Grand Chamber of ECtHR) (acting as leader)
- G v Chief Constable of West Yorkshire [2008] EWCA Civ 28; [2008] 1 WLR 550; [2008] 4 All ER 594 (detention at the police station for charging decision)
- R (Raissi) v Secretary of State for Home Department [2008] QB 836 and [2010] EWCA Civ 337 (application of ex gratia miscarriage of justice scheme to extradition cases and 9/11 suspect) (led by Edward Fitzgerald QC)
- R (Siddall) v Secretary of State for Justice [2009] EWHC 482 (Admin) (statutory scheme for miscarriages of justice)
- Alford v Chief Constable of Cambridgeshire [2009] EWCA Civ 100 (malicious prosecution and false imprisonment)
- Morrison v Independent Police Complaints Commission [2009] EWHC 2589 (the role of the Commission in Art 3 complaints) led by Edward Fitzgerald QC)
- R (Smith) v Derbyshire County Council [2008] EWHC 3355 (Admin) (lawfulness of Sexual Offences Prevention Order)
- R (Dennis) v Independent Police Complaints Commission [2008] EWHC 1158 (Admin) (irrational decision by IPCC on appeal)
- R (Niazi and others) v Secretary of State for the Home Department [2007] EWHC 1495 (Admin), Times on 9 July 2007 and on appeal as R (Bhatt Murphy) v Secretary of State for the Home Department [2008] EWCA Civ 755, the Times on 21 July 2008. (legality of abolishing ex gratia miscarriage of justice compensation scheme) (led by Rabinder Singh QC in Court of Appeal)
- R (E) v Secretary of State for the Home Department [2007] ACD 83 (Art 6 and conditions of detention during terrorism trial)
- R (A) v Chief Constable of South Yorkshire Police [2007] EWHC 1261 (Admin) (legality of charging juveniles)
- R (Nicholds) v Security Industry Authority [2007] 1 WLR 2067 (lawfulness of licencing criteria for door supervisors; Art Prot 1 ECHR)
- R (Wright) v Secretary of State for the Home Department [2006] HRLR 23, CA (lifers and Art 5)
- R (Green) v Police Complaints Authority [2004] 1 WLR, 725 HL (disclosure in police complaints involving Art 2 and 3) (led by Richard Gordon QC).
Coroners - Moss v HM Coroner for the North and South Districts of Durham and Darlington [2008] EWHC 2940 (Admin) (coroners, GPs and Art 2 ECHR)
- R (Platts) v HM Coroner for South Yorkshire (East District) [2008] EWHC 2502 (Admin) (coroners and Art 2 ECHR)
- Sacker v West Yorkshire Coroner [2004] 1 WLR 796 , HL (coroner's inquests, deaths in custody and Art 2) (led by Richard Gordon QC)
Social and health services Adults - H v X City Council [2010] EWHC 466 (disclosure of information by social services departments and Art 8)
- Re F (2009) 12 C.C.L. Rep. 530 (jurisdiction of the Court of Protection where capacity in doubt)
- Barwick v Bridgend [2009] EWHC 1723 (closure of care home and disability equality duty)
- R (Chavda) v London Borough of Harrow (2008) 100 BMLR 27; [2008] ACD 31(Restriction on community care services, human rights and the disability equality duty).
- R (Scott) v London Borough of Hackney [2009] EWCA Civ 217 (Costs in social welfare judicial review cases)
- R (Grogan) v Bexley NHS Care Trust [2006] BLGR 491 (leading case on health/social services divide) (led by Richard Gordon QC)
- Lewis v Gibson (2005) 8 CCLR 399, CA; 87 BMLR 93 (relationship between best interests declarations and "displacement of nearest relatives" (mental health))
- R v Gloucestershire County Council ex p Barry [1998] AC 581, HL (taking resources into account when assessing need for services for disabled people) (led by Richard Gordon QC)
Children - Collins v Knowsley Metropolitan Borough Council [2009] 1 FLR 493 (s20 Children Act 1989 and duty to maintain looked after children)
- D v Southwark LBC [2007] 1 FLR 2181, CA (s20 Children Act 1989 and duty to maintain looked after children).
- R (M) v Gateshead Council [2006] QB 650, CA (duties to accommodate children detained at police station)
- N v A London Borough Council [2006] 1 FLR 310 (rights of foster parents under Art 8 and disclosure of HIV status)
- R (BG) v Medway Council [2006] 1 FLR 663; (2005) 8 CCLR 448 (lawfulness of loan conditions for disabled children pursuant to Children Act 1989)
- R(G) v Barnet LBC [2004] 2 AC 208, HL (nature of duty under s17 Children Act 1989) (led by Richard Gordon QC)
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Year of Call
1996
Education
LLB (hons); MA
Email Address
s.cragg@doughtystreet.co.uk
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