Malcolm Swift QC

Malcolm Swift QC

  • Year of birth:
  • Year of call:1970
  • Inn:Gray's Inn
  • Circuit:
  • Recorder:
  • QC:
  • Appointments:1998 – 2001 Leader of the North Eastern Circuit 1977 – 2001 Served on the Bar Council (NE Circuit Fees Representative; NE Area Representative; NE Circuit Leader) Criminal Bar Association Associate Member American Bar Association
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Malcolm Swift QC

a strong opponent known for his brilliant handling of cases 

Chambers UK, 2010

Since taking Silk in 1988, Malcolm Swift QC has practised exclusively in crime and in quasi-criminal cases establishing a reputation as a fine tactician, a skilful and highly effective cross-examiner (particularly of expert witnesses) and a formidable speech-maker. He is described by Chambers UK 2010 as "a strong opponent known for his brilliant handling of cases" and by Chambers UK 2011 as "a force to be reckoned with".

His record of acquittals in difficult defence cases is second to none. Amongst the many recent highlights of his career was the ground-breaking appeal of R v Davis [2008] 3 WLR 196 (witness anonymity), heard by the House of Lords, upholding the fundamental common law right of confrontation and forcing the Government to enact primary legislation.

As a junior, he practised in both criminal and civil law dealing with personal injury, medical negligence, contract and defamation. He is a former Leader of the North Eastern Circuit.

He joined 2 Hare Court in November 2010.

Notable Cases:

Crime
Case name R v Iain Davis [2008] 3 WLR 196 (HL)
Appearance
Category
Detail Witness anonymity. An important ground breaking case re-asserting fundamental common law principles underpinning the right to a fair trial. The decision led to the speedy enactment by Parliament of the Criminal Evidence (Witness Anonymity) Act 2008. Malcolm Swift Q.C. advises solicitors throughout the United Kingdom on anonymity issues in the light of the new legislation and advises convicted defendants on appeals against conviction in such cases.
Case name Jones v Whalley [2007] 1 Cr App R 22 (HL)
Appearance
Category
Detail Abuse of process; private prosecution following caution – non judicial disposals
Case name R v Smurthwaite & Gill [1994] 98 Cr App R 437 CA
Appearance
Category
Detail Crime/agent provocateur/ entrapment/ s78 PACE discretion. Court of Appeal. An important seminal decision well-known to all criminal practitioners.
Case name R v J (Rape: Marital Exemption) [2001] 1 All ER 759
Appearance
Category
Detail Crime/meaning of “unlawful”. One of the first instance decisions (Rougier J.) which led to the House of Lords abolition of the marital exemption.