kelly

Practice area

Crime

Year of call: 2010


Following a career in the Royal Marines, Kelly has developed a busy practice centred primarily upon serious and organised crime, including matters of terrorism, homicide, cybercrime, fraud, firearms, bribery, and large-scale drug supply.

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Kelly is regularly instructed in complex and often high-profile cases by both prosecuting authorities and defence solicitors.  He has particular expertise in cases involving sensitive material and investigative procedures, especially where covert and technical surveillance have been deployed.  He also has experience of cases with cross-jurisdictional issues such as war crimes, international cybercrime, and terrorist offences committed abroad.

Kelly is a grade 4 prosecutor and a member of both the CPS Counter-Terrorism and Serious Crime Group panels.  He is experienced in working with a range of investigative agencies and government departments, and also in managing and presenting matters involving very large volumes of material.  This sees him often brought into complex and sensitive cases at an early stage to advise pre-charge on evidence and sensitive disclosure matters.  His work in counter-terrorism has seen him prosecute at trial a large number of matters across a range of political  and ideological extremes as both junior alone and as a led junior.

Kelly is appointed to the Serious Fraud Office panel B of junior counsel and is also an approved pupil supervisor.

Kelly advises and represents private individuals facing criminal charges and is often sought out to assist members of the armed forces and those in sensitive intelligence roles whether appearing in the Crown Court or at Court Martial.

 


 

Recent Cases

Prosecuting

R v JQ & Others (ongoing) – Winchester Crown Court; leading counsel prosecuting members of an organised gang charged with conspiracies to commit burglaries and conceal criminal property involving jewellery and high value performance cars.

R v RG and Others (ongoing) – Chelmsford Crown Court: prosecuting four defendants charged with conspiring to import £280 million worth of cocaine.  An ‘encro-chat’ case.

R v HC (2021) – Birmingham Crown Court: led junior prosecuting a defendant charged with being a member of the so-called Islamic State, disseminating a terrorist publication, and funding terrorism.  Defendant organised bitcoin transfers from across a number of countries and funnelled proceeds to the so-called Islamic State.

R v WB, JB & DB (2021) – Truro Crown Court: junior alone prosecuting three members of the same family for attempted murder.

R v DB, PN & SN (2020) – Central Criminal Court: led junior prosecuting three defendants for their respective roles in the preparation and funding of acts of terrorism.

R v HA (2020) – Central Criminal Court: second junior led by First Senior Treasury Counsel and Junior Treasury Counsel prosecuting a defendant on an indictment that included twenty-two counts of murder arising from his involvement in an explosion at an Ariana Grande concert in Manchester in 2017.

R v J (2019) – Central Criminal Court: prosecuting a returning fighter for attendance at training camps in Iraq and Syria. Led by First Senior Treasury Counsel.

Op RATHLIN (2018 – 2019) – Croydon Crown Court: led junior prosecuting six defendants over the course of two trials for kidnap, blackmail, GBH and false imprisonment.

R v K & A (2019) – Central Criminal Court: led junior prosecuting two defendants accused of distributing terrorist publications via a website that supported the so-called Islamic State and promoted the sermons of radical extremist preacher Abdullah el-Fasial.

R v L (2019) – Central Criminal Court: defendant made plans to launch a terrorist attack against pedestrians in Oxford Street.  Led by First Senior Treasury Counsel, Mark Heywood QC.

R v K (2019) – Blackfriars Crown Court: led junior prosecuting a defendant who was paid to conduct denial of service (DDoS) attacks against a telecoms provider and did so on such a large scale that his actions resulted in taking a whole African state offline.

R v A & Ors (2018) – Birmingham Crown Court: as a junior alone prosecuted 5 defendants during a three-week trial concerning the incitement of racial hatred on a university campus by members of the proscribed neo-Nazi organisation ‘National Action’.

R v G & Ors (2017-2018) – Kingston Crown Court: junior alone prosecuting four defendants over two trials for money laundering, unauthorised use of trademarks, and fraud matters following an investigation into organised crime activities and the movement of significant quantities of cash overseas.

Defending

R v Y (2021) – Portsmouth Crown Court: defending company accounts manager accused of stealing over £190k from employer

R v D (2018)Portsmouth Crown Court: defendant accused of theft from a public department in the context of a highly sensitive intelligence role and complex accounting procedures.

Chief Constable v A (2018) – Basingstoke Magistrates’: application for a civil Sexual Harm Prevention Order brought following multiple complaints of serious sexual assaults, a Crown Court trial, and a discontinued investigation.  Application successfully opposed.

R v O (2018) Portsmouth Crown Court: defendant accused of multiple serious sexual assaults involving two very young children.

R v S (2017) – Portsmouth Crown Court: historic child sex offences alleged against former Army Cadet instructor.

R v P (2017) – Portsmouth Military Court Centre: defending naval officer against a serious sexual assault allegation.

R v S (2017) – Bulford Military Court Centre: counts of rape and ABH alleged by a former partner and said to have occurred within barracks.

R v W & Ors (2017) – Bournemouth Crown Court: defending alleged lieutenant of an organised crime group in a nine-handed drugs conspiracy spanning Liverpool and the south west.

Op MASTODON (2017) – Kingston Crown Court: defending the leading individual in a six-handed multi-company VAT fraud and money laundering operation.

R v T (2016) – Winchester Crown Court: murder of former lover in her place of work, led by William Mousley QC.

 

Inn: Gray’s Inn

Education: BA, GDL, BVC (Outstanding), Uthwatt Scholar (Gray’s Inn) 2009

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