Barristers / Barlow


Mark Barlow

Call Year: 1992. Also called to the Bar of Northern Ireland in 2006.
Qualifications: LLB (Hons), Benefactors Scholar, Middle Temple
Areas of Practice: Criminal law, Appellate Court, Military law, Miscarriage of justice cases
Tel: 0161 236 1840
Email: clerks@gcnchambers.co.uk

Practice

Mark practices in both the English and Northern Irish jurisdiction mainly in criminal, human rights and appellant law. He was a founder member of Chambers and is a member of the Bar Library, Belfast. He is recognised as one of the leading junior counsel in complex historic allegations of sexual abuse, together with extensive experience of miscarriage cases in both England and Northern Ireland. He has been involved in a number of landmark decisions in the Court of Appeal involving historic care home appeals, most notably R v Joynson [2008] EWCA Crim 3049; R v Sheikh [2006] EWCA Crim 2625; R v Robson [2006] EWCA Crim 2754; R v Brizzalari [2004] EWCA Crim 310 and R v Basil Rigby Williams [2003] EWCA Crim 693. These cases concentrated upon the difficult area of whether a fair trial can be achieved given extensive delay in the criminal proceedings and the safeguarding of the rights of an accused.

Mark’s experience in this area of law is demonstrated by his role as a legal advisor to the campaign group Falsely Accused Carers and Teachers (FACT), and his organisation of the first national conference on The Challenges of Historic Allegations of Past Sexual Abuse held in Manchester in 2009.

Mark also appears on historic domestic sexual abuse cases and has successfully overturned a number of criminal convictions in both jurisdictions. R v DPMA [2010] NICA 22 (appeal involving doli incapax, young memories and inadequate directions); R v AG [2010] NICA 20 (inadequate legal directions); R v W [2010] EWCA Crim 29.1.10 (inadequate summing up in a delay case); R v H [2010] EWCA Crim 29.1.10 (Doli incapax and historic allegations); R v Paul Hughes [2008] NICA 17 (inadequate directions); R v K [A] [2007] EWCA Crim 1492 (childhood amnesia); R v KF [2007] EWCA Crim (CCRC referral historic allegations based on fresh evidence).

He has an extensive criminal appeals case load dealing with other serious criminal matters. R v Roger Fergerson [2010] NICA 9 (Murder conviction); R v R v Lawless [2009] EWCA Crim (CCRC referral on murder conviction); R v Thomas Graham [2010] NICA (Murder conviction).

Criminal Law

Mark works in both England and Northern Ireland as a leading junior counsel in both the Crown and Appellant Courts. He regularly undertakes complex and serious criminal work involving historic sexual allegations, drug importation, money laundering offences, offences involving young complainants and serious crime. He also has considerable experience in all criminal matters that come before the Courts.

He has considerable experience of criminal appeals and has undertaken a number of Criminal Cases Review Commissions referrals and specialises in all types of miscarriage of justice cases.

As Generic Counsel of the Historic Abuse Appeal Panel (HAAP) he undertakes reviews of convictions for historic offences in order to determine whether an appeal can be made on behalf of individuals who maintain their innocence. He also considers other miscarriages cases in both the English and Northern Ireland jurisdiction.

Mark has a particular interest in the issues surrounding the reliability of adult memories for childhood events which raises the question of childhood amnesia and the reliability of that evidence.

Military law
He has a unique experience and understanding of military law, having been a senior Investigating Officer in the Army before he was called the Bar. He has considerable experience of appearing at Courts Martial and Courts Martial Appeal Court.

Notable cases

R v Roger Fergerson [2010] NICA 9 (Murder conviction) judgment

R v Thomas Graham [2010] NICA (Murder conviction)

R v DPMA [2010] NICA 22 (appeal involving doli incapax, young memories and inadequate directions) judgment

R v AG [2010] NICA 20 (inadequate legal directions) judgment

R v W [2010] EWCA Crim 29.1.10 (inadequate summing up in a delay case)

R v H [2010] EWCA Crim 29.1.10 (Doli incapax and historic allegations)

Ian Lawless - murder conviction quashed in Court of Appeal (16 June 2009) > news item

Ken MacKreth - posthumous appeal against conviction (referred by the Court of Appeal to the full court on 4/7/08) > news item

Joynson, R. v [2008] EWCA Crim 3049 (26 November 2008) (Court of Appeal quash carer’s conviction from 1969) > news item / judgment

R v Paul Hughes [2008] NICA 17 (inadequate directions; Conviction overturned in Northern Ireland on historic domestic allegations of sexual abuse)

R v K [A] [2007] EWCA Crim 1492 (childhood amnesia)

R v KF [2007] (CCRC referral historic allegations based on fresh evidence)

Leading junior in complex historic care home cases in Norwich, Birmingham and Hereford

R v K (A) [2007] EWCA Crim 1492 (Appeal against conviction for historic domestic sexual abuse case concerning childhood amnesia).

Anver Daud Sheikh v The Crown [2006] EWCA Crim 2625 (abuse conviction quashed for second timeupon basis that no conviction could be safe given prejudice caused by delay; allegations made by former North Yorkshire children's home residents) > news article and judgment

R. v. Robson and others [2006] EWCA Crim 2754 (correct approach in cases involving historic allegations of abuse from a care home involving multiple defendants) > judgment

R v GG [2005] EWCA Crim 1792 (CCRC referral on domestic historic sexual abuse)

R v John Ely [2005] EWCA Crim 3248 (historic care home case)

R v Anver Sheikh [2004] EWCA Crim 387 (appeal against conviction allowed on fresh evidence)

R v Brizzalari [2004] EWCA Crim 310 (historic care home case)

R v Basil Rigby Williams [2003] EWCA Crim 693 - (miscarriage case involving historic allegations of abuse in children's homes (Operation Care) conviction quashed upon fresh evidence) judgment

Publications

"Historic allegations and the right to fair trial" - Independent Lawyer September 2008 > more

Other Activities

Mark has lectured and tutored in criminal law and provides training on historic allegations of sexual abuse cases.

He is an active member of the Commonwealth Lawyers Association and spoke at the Regional Conference held in Nigeria in 2010 on the ‘Art of Advocacy’. He is currently leading a project on the provision of legal training on Human Rights Law in Africa.

Professional Associations

Commonwealth Lawyers Association

Falsely Accused Carers and Teachers (FACT)

Historic Abuse Appeal Panel (HAAP)




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Profiles



Mark Barlow


Name: Mark Barlow
Call Year: 1992. Also called to the Bar of Northern Ireland in 2006.

  What's New?  
 

7/6/10 Anonymity for those accused of rape

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30/4/10 Whole life tariff quashed

28/4/10 Starter Tenancies and Public Law Defences

26/4/10 Supreme court on sex offenders register

20/4/10 Katy Ayres joins

19/4/10 Hannah McIntyre cleared of sex with pupil

31/3/10 Parole Board’s refusal to grant oral hearing

4/3/10 Bryony Poynor presents Family Law Update

25/2/10 Assisted suicide

12/2/10 Brigid Baillie joins

12/2/10 IPP sentence quashed

10/2/10 GCN writes on cuts to criminal legal aid

18/01/10 Camille Warren joins

18/01/10 Segregation of foreign nationals

16/12/09 Third party support

16/12/09 Sonny Lodge public inquiry - final report released

15/12/09 Appeal against 2004 convictions allowed

3/12/09 'Challenging Deportation'

30/11/09 SSJ acted unlawfully in IPP transfer

17/11/09 Chambers & Partners 2010 recommendations

12/11/09 Child rape case

6/11/09 James Stark at HLPA Conference

30/10/09 Three new members

9/10/09 BVT: LAG article

2/10/09 "Letter from America"

1/10/09 UK Supreme Court Opens

28/9/09 Legal 500 ratings

23/9/09 Assisted suicide guidelines

9/9/09 Michael Shields released

4/9/09 Homeless at home

16/8/09 Right to review reviewed

7/8/09 Latest equal pay case

31/7/09 Reasonable Occupational Continuation

8/7/09 COPD compensation

18/6/09 Future of Legal Aid?

16/6/09 Murder quashed

7/5/09 DNA database challenge

6/5/09 HoL dismiss IPP appeals

22/4/09 Manchester Admin Court opens

7/4/09 Immigration bulletin

30/3/09 New QC

12/2/09 "Unnecessary" ASBO

5/2/09 Hunting Act (Radio 4)

2/2/09 What price imprisonment? download

8/1/09 "Lawyer of the Week"

5/1/09 Cleaning up the Act

25/11/08 LALY finalist

12/11/08 Pro-bono hero

23/10/08 "Small but beautiful"

20/11/08 When and how to JR?

14/10/08 Asbestos awareness

30/09/08 Prison Public inquiry

17/9/08 Historic allegations

9/9/08 Dog "Rocky" not guilty

29/7/08 US death penalty law

4/7/08 Posthumous appeal

19/3/08 ETTs

14/3/08 Police on juries?

24/2/08 LCN DNA: Unreliable?

6/2/08 Intercept evidence

22/11/07 Mesothelioma ruling

12/04/06 Oral sex in public

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