Profile

Nominated for Crime Junior Counsel of the Year 2016, Simon has extensive expertise in serious and complex criminal litigation, both as an advocate and through his wide-ranging advisory practice. Recently Simon’s practice has focused on work for corporate and private clients. He is frequently instructed to advise and represent clients whose high-profile and professional status gives rise to particular sensitivity. He has appeared in the House of Lords, the Court of Appeal and the High Court and was instructed to prepare the Advocate to the Court’s submissions for the Supreme Court in R (on the application of the Chief Constable of Greater Manchester Police) v Salford Magistrates’ Court and Hookway [2011] EWHC 1578 (Admin), on police detention pre-charge. Simon has received praise for the clarity of his written and oral advocacy and his ability to provide clear, strategic advice on complex legal issues. He is instructed in the first case brought by the Serious Fraud Office under the Bribery Act 2010.

Recognition

Legal 500 2017 C&P 2018

Expertise

Corporate Crime and Investigations

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Simon is regularly instructed by magic circle law firms to advise on corporate criminal liability. His recent work includes acting for a major international corporation to conduct a review of potential criminal conduct within its UK subsidiary, and the potential liability of a Swiss company under the Bribery Act. Simon has advised a City firm on the preparation of a manual for their international corporate clients and overseas lawyers on UK anti-money laundering requirements. He has lectured to the Quoted Companies Alliance on the prospective impact of the Bribery Act 2010.

Fraud

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Simon has developed a particular specialism in cases involving serious fraud and corruption. Notably, he is one of a small number of barristers with experience of negotiating on behalf of a defendant with the Serious Fraud Office and the Financial Services Authority under the Attorney General’s Guidelines on Plea Discussions in Cases of Serious or Complex Fraud. Simon is increasingly receiving recognition for his work on market abuse cases. Recent cases include representing an equities trader charged with insider dealing. Simon acted in the defence of the former CEO of a City re-insurance broker, prosecuted by the Serious Fraud Office for offences of overseas corruption. Simon also prosecutes for the Serious Fraud Office and was instructed in a case arising from the collapse of a litigation funding company and involving allegations of fraudulent trading with a loss to international investors of £80 million. He is instructed in the SFO prosecution of a £20m conspiracy to mis-sell pension investments and fraudulent trading.

Criminal Litigation

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Simon is instructed in, and has experience of, all types of serious criminal litigation including cases of murder, attempted murder, organised crime, rape and serious sexual offences. His experience includes addressing issues arising under the Regulation of Investigatory Powers Act 2000. He has particular experience of defending in allegations of sexual misconduct with an emphasis on sensitive and privately-funded cases. Throughout his career, Simon has been instructed by specialist divisions of the Crown Prosecution Service to conduct cases involving computer piracy, conspiracy to defraud, corruption, misconduct in public office, international drug trafficking, money-laundering and election offences.

Restraint, Confiscation and Asset Forfeiture

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Simon has considerable experience in confiscation. Recently he was instructed in confiscation proceedings arising from a multi-million pound money laundering and drug trafficking case. The case involves asset tracing in multiple jurisdictions. He appeared in the Court of Appeal in R v Del Basso and Goodwin [2010] EWCA Crim 1119 – a case concerning the relationship between legitimate business expenses and “benefit” for the purposes of the Proceeds of Crime Act 2002.

Appellate Work

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Simon frequently appears in the appellate courts for both the Prosecution and the Defence. He is instructed regularly by the Appeals Unit of the Crown Prosecution Service. Simon provides specialist advice to the Association of Chief Police Officers and police forces on police powers and statutory interpretation including on questions of technical road traffic law.

Extradition and Mutual Legal Assistance and International Criminal Work

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Several of Simon’s cases for both the defence and prosecution have involved complex international investigations giving rise to multi-jurisdictional questions of evidence and disclosure. As a result, Simon has experience of dealing with issues arising from evidence obtained via Letters of Request in several jurisdictions and of negotiating with the US Department of Justice over complicated disclosure arguments. In addition, Simon has advised on the comparisons between United States procedure on plea-bargaining and the regime in this jurisdiction for the acceptance of bases of plea and judicial indications as to sentence. Recently, Simon provided advice to the Supreme Court of the Canton of Bern on a question of jurisdiction and equivalence in English/Swiss law. Simon has appeared for both defendants and requesting states in extradition proceedings at first instance and in the High Court.

Public and Administrative Law

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Simon has appeared in several cases in the appellate courts involving important principles of human rights and public law. Simon was instructed as Junior to David Perry QC to prepare submissions on behalf of the Advocate to the Court in the appeal to the Supreme Court from the High Court decision on police powers of detention in Hookway. Simon also appeared in R v Davis [2008] UKHL 36, the decision of the House of Lords on anonymous witnesses that led to the passing of the Criminal Evidence (Witness Anonymity) Act 2008. Simon has expertise in the area of the retention of DNA samples, fingerprints and Police National Computer records. In a recent case, he provided advice that led to a successful application to revoke a police caution.

Inquests and Public Inquiries

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Simon appears in Inquests. His experience includes the representation of a CCTV camera operator arrested and interviewed under caution for gross negligence manslaughter at a subsequent Coroner’s inquest.

Disciplinary Tribunals and Regulatory Crime

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Simon has extensive experience of professional disciplinary tribunals and regulatory cases. He defended a corporate defendant charged under the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008. The case involved questions of interpretation of UK and European Community legislation. Simon appeared in the Court of Appeal in R v Clarke [2008] EWCA 893 –  a case involving the reverse burden of proof in regulatory offences. He has lectured to City solicitors on regulatory crime.

Appointments

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  • Serious Fraud Office Panel of Counsel (List A)
  • Crown Prosecution Service Advocate Panel Specialist Lists: Serious Crime Group; Fraud; Proceeds of Crime.

Education

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University of Durham, BA (Hons) History.

Notable cases

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R (Chief Constable of Greater Manchester Police) v Salford Magistrates’ Court and Hookway

A case involving the interpretation of Part IV of the Police and Criminal Evidence Act 1984 and the power of the police to detain a suspect pre-charge. The appeal to the Supreme Court was withdrawn...

R v Milsom (FSA Operation Taburnula)

Defended a senior equities trader at Legal & General in the Financial Services Authority’s largest ever investigation into insider dealing. Simon conducted plea negotiations with the Financial...

The investigation into the collapse of Kaupthing

Representing a senior adviser to Robert Tchenguiz, arrested under the Serious Fraud Office’s investigation into the collapse of the Icelandic bank, Kaupthing. The SFO discontinued the...

O’Leary International Ltd v. North Wales Police

A High Court case involving the application of Article 1, Protocol 1 of the European Convention on Human Rights to deprivation orders.

Brotherston and Others v Director of Public Prosecutions

Instructed on behalf of the respondent in a decision of the High Court on type approval and prescription of speed measurement devices.

Atkinson v Director of Public Prosecutions

Instructed on behalf of the Respondent in the High Court. The case considered the application of the defence available under section 172(4) of the Road Traffic Act 1988.

R v Messent

Defending the former Chief Executive Officer of PWS International Ltd charged with corruption in the re-insurance industry. Led by David Perry QC at first instance and appeared as Junior alone in the...

R v Del Basso and Goodwin

A case involving the relationship between legitimate business expenses and “benefit” for the purposes of the Proceeds of Crime Act 2002.

R v Connolly

Defending in an allegation of serious tax fraud within the construction industry.

R v Clarke

Court of Appeal guidance on where the burden of proof lies in regulatory offences and the proper approach to be taken by a judge when summing-up a case to a jury in which the defendant has no defence...

R v Atunwa

A decision on the meaning of “false instrument” in the context of cheque fraud.

R (on the application of Pepushi) v Crown Prosecution Service

A High Court decision on the relationship between domestic statute and international treaty obligations and whether decisions by the Crown Prosecution Service to prosecute are amenable to judicial...

Related news

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2 May

AIJA Seminar (April 2017)

Simon Ray and Lucy Organ spoke at AIJA's seminar "Legal Practice Offshore: Opportunity and Controversy" held in the Bahamas in April 2017. They were invited to speak on the topics of international...

19 September

Chambers UK Bar Awards 2016

We are delighted to announce that 6KBW College Hill has been shortlisted for Crime Set of the Year at the Chambers UK Bar Awards 2016. We also extend our warmest congratulations to Simon Ray, who has...

1 June

Simon Ray junior counsel defending Rolf Harris

Simon Ray is instructed as junior defence Counsel in the trial of Rolf Harris. Mr Harris denies the 12 counts of indecent assault he is accused of. The trial continues at Southwark Crown...