Simon Cooper

Degree:

LLB (Hons) University of Nottingham

Year of call and Inn:

2012; Inner Temple

Professional Membership:

Western Circuit, CBA

Email:

simon.cooper@albionchambers.co.uk

Specialist Areas:

Court of Protection

Crime, including Courts Martial

Regulatory, including Health and Safety

Practice Overview:

Simon Cooper has a busy practice undertaking criminal, regulatory and Court of Protection work. Prior to being called to the bar Simon practised as a solicitor for ten years specialising in crime and mental health work and was a member of the Law Society’s specialist mental health panel. As such he is often instructed in cases where a party to the proceedings has mental health difficulties or is otherwise vulnerable.

Simon is a CPS panel advocate level 2 prosecutor.

Public Access

Simon is able to accept work under the Public Access scheme.

Areas of Practice

Crime

Tab 1 Title:

Simon prosecutes and defends in equal measure. He has particular expertise in dealing with vulnerable defendants and witnesses or in those cases that require a particularly sensitive approach.

He is frequently instructed by the prosecution and defence in cases where a defendant may be found not fit to plead. He has substantial experience in dealing with cases in which a defendant may receive a hospital order with a restriction pursuant to section 37/41 of the Mental Health Act.

Simon is recognised for his thorough preparation and his ability to strike up a good working relationship with the most difficult and challenging of defendants.

Recent Cases of Interest:

2017
R v Broadway - Led junior (Ied by Ignatius Hughes QC) in multi-handed shooting in the travelling community. Defendant acquitted of murder after trial.

R v W - Defence counsel in case of alleged rape on University Campus involving a 17-year-old complainant and 19-year-old defendant. Defendant acquitted after five-day trial.

R v MD - Defence counsel in a case regarding historic rape allegation against a 14-year-old, now in his forties, in respect of his eight-year-old sister. Case successfully stayed after two-day abuse of process argument.

R v SP - Defence counsel in a case regarding historic allegations of rape, sexual assault and making indecent images of a child.

2016
R v CW - Appeared on behalf of the defence in respect of arson with intent to endanger life. Successfully argued against the imposition of a hospital order with a restriction after trial against the oral evidence of the consultant psychiatrist.

R v MD - Appeared on behalf of the defence in a criminal trial in respect of an allegation of arson with intent to endanger life. The defendant was found unfit to plead and stand trial and dealt with by way of a hospital order under section 37/41 of the Mental Health Act.

Crime Clerks:
Bonnie Colbeck
E: bonnie.colbeck@albionchambers.co.uk
T: 0117 311 0301

Ken Duthie
E: ken.duthie@albionchambers.co.uk
T: 0117 311 0368

Regulatory

Tab 2 Title:

Simon prosecutes and defends in matters involving regulatory crime. He has been involved, inter alia, in prosecuting proceedings for DEFRA, Somerset Drainage Board (prosecution arising out of the Somerset floods of 2015) and DVSA (a prosecution arising out of a fatal RTA involving a runaway HGV in Bath), and defending cases brought by HMRC and the Department for Business Innovation and Skills. Simon is currently prosecuting a £300,000 VAT fraud of behalf of the Crown Prosecution Service fraud unit.

Regulatory Clerk:
Nick Jeanes
E: nick.jeanes@albionchambers.co.uk
T: 0117 311 0307

Court of Protection

Tab 3 Title:

Simon has many years of Court of Protection experience both as counsel and solicitor. He has been instructed by family members and local authorities in respect of matters involving Deprivation of Liberty Safeguards. Simon is also instructed on behalf of the Official Solicitor.

Simon undertakes work before the Mental Health Tribunal in both forensic and non-forensic cases. He has appeared before the MHT in many different hospitals up and down the country including high-security special hospitals.

Recent Cases of Interest:

R v Wiltshire Primary Care Trust ex parte KH (High Court RCJ) - Application to Judicially Review the decision of hospital managers' in relation to their failure to discharge a patient detained under the Mental Health Act when the detention criteria were not met.

In the matter of KD - Acted on behalf of Somerset County Council in respect of an application as to the lawfulness of detention of an elderly resident of a care home detained under DoLS. Proceedings were ongoing at the time of the recent leading decision in respect of DoLS which lead to a rethink of our case strategy.

Civil Clerk:
Stephen Arnold
E: stephen.arnold@albionchambers.co.uk
T: 0117 311 0310

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