Daniel Mullin
Daniel undertakes work in criminal, regulatory, and civil law.
He regularly represents defendants in the Crown Court, Magistrates’ Court, and professional tribunals. Daniel is currently seconded to the Law Officers’ Department in Jersey where he will provide advice on asset restraint as part of investigations into international financial crime.
Daniel is currently instructed in a number of civil cases, including breaches of contract in the county court. He is a ‘junior junior’ in an action against a government department where the damages claimed exceed £700 million.
In regulatory law, Daniel regularly appears before disciplinary tribunals. Daniel is instructed alone to prosecute a case in the Crown Court on behalf of the Insolvency Service for breaches of the Companies Act and fraud arising from abuses of the Covid Bounce Back Loan scheme. He also works regularly on cases brought by and against local authorities.
Before coming to the Bar, Daniel worked in the corporate and commercial sector. He worked in the City of London, and in the Channel Islands, providing research and advice on regulatory and corporate law to multinational businesses.
Eleanor is currently seconded to the Attorney General’s office in Jersey, where she is providing pre-charge advice in respect of numerous criminal investigations.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2022
Membership
- Young Fraud Lawyers Association
- Amicus
- Honourable Society of Lincoln’s Inn
- CPS Advocate Panel: Level 1
Qualifications
- LLB (2017)
- BTC (LLM) (2021)
- Buchanan Prize
Education
- University of Durham (2017)
- Lincoln’s Inn
- BPP University
3 Contributions by Daniel Mullin
PRACTICE NOTES
Possession of indecent child images, prohibited images and paedophile manuals: offences, statutory defences and sentencing (England and Wales)
Offence of possession of an indecent photograph of a child
Under section 160 of the Criminal Justice Act 1988 (CJA 1988), a person commits an offence by having in their possession any indecent photograph or pseudo-photograph of a child. This is an either way offence.
Indecent
There is no definition of ‘indecent’. The jury must determine indecency by reference to recognised standards of propriety, using an objective test rather than their wholly subjective views alone.
A child
A child means a person who was under 18 at the material time. Expert evidence regarding a child’s age is inadmissible, since the jury are well placed to assess the age of a child for themselves. It is a question of fact for the jury to determine ultimately.
Photograph or pseudo-photograph
The terms photograph and pseudo-photograph bear the same meaning, for these purposes, under section 7 of the Protection of Children Act 1978 (PCA 1978).
Possession
The offence requires proof that the accused had possession or control of the image or images at the material time in question...
Corporate Crime
PRACTICE NOTES
Practical Guide to Disclosure of Unused Material in Criminal Cases: Duties, Digital Evidence, DMDs, PII and section 8 Applications (England and Wales)
Duty of disclosure of unused evidence
The quest for a fair trial rooted in equality of arms has generated a disclosure duty owed by the Crown to the defence. In R v H, the House of Lords stated that, for the purposes of article 6(1) of the Convention, criminal proceedings must be adversarial and governed by the principle of equality of arms between prosecution and defence. Those requirements oblige investigating authorities to reveal all material that assists or undermines the defence, whether or not the prosecution intends to rely on it. That said, the right to disclosure is not unqualified, and material that falls to be disclosed may be withheld on public interest immunity (PII) grounds. For further guidance, see Practice Note: Public interest immunity. The prosecutor’s disclosure obligations may be cast broadly. It is not only required to set out the particulars of its case when a matter goes to trial (see Practice Note: The service of prosecution evidence), but the prosecutor must also provide advanced information of the evidence upon which the Crown proposes to rely to prove its case before the case comes to court on the first...
Corporate Crime
PRACTICE NOTES
Sexual Risk Orders (England and Wales): scope, grounds, applications, duration, variation, interim orders, breach, appeals and practice points under the Sexual Offences Act 2003
Sections 122A–122K of the Sexual Offences Act 2003 (SOA 2003) contain the statutory framework for sexual risk orders (SROs). An SRO is a civil measure intended to safeguard the public across the UK, as well as children or vulnerable adults overseas, from individuals who present a risk of harm. Through SROs, the courts may impose whatever prohibitions are considered necessary to prevent such individuals from causing harm. The Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) makes amendments to the relevant part of the SOA 2003; at the time of writing, certain changes have not yet commenced and are highlighted below where applicable. The principal difference between an SRO and a sexual harm prevention order (SHPO) is that an SRO can be made in relation to someone who has not been convicted of, or cautioned for, an offence listed in SOA 2003, Schedules 3 or 5. For details on sexual harm prevention orders, see Practice Note: Sexual harm prevention orders.
Key features
What are SROs?
An SRO is a civil order that can be sought in respect of a person who has not been convicted or cautioned for an offence but is nonetheless...
Corporate Crime
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