Adam Kirke

Adam has developed a busy practice prosecuting and defending in the Magistrates’; Crown and Youth Courts. He has appeared in various trials including robbery; domestic ABH; burglary; harassment and exposure, as well as being instructed to oppose various ancillary orders such as Criminal Behaviour Orders; Sexual Harm Prevention Orders and restraining orders.

He also has experience of dealing with defendants with mental health where he has successfully persuaded the Crown that to try a defendant (who could not understand court proceedings) would be an abuse of process; he has obtained an absolute discharge for a client suffering with mental health and successfully persuaded the Crown Court not to activate a suspended sentence on the grounds of mental health.

Having previously worked as an Investigator for the Serious Fraud Office, Adam also maintains a keen interest to develop his financial and white collar crime practice. During pupillage, Adam assisted in the preparation for the prosecution of a circa. $20m fraud involving analysis of complex contractual documents.

At the SFO, Adam investigated a number of cases of domestic and international complex fraud, bribery and corruption. This included interviewing suspects and witnesses under PACE 1984 and S2 CJA 1987, reviewing financial records and attending property searches with the police. Whilst at the SFO he was awarded an official commendation from the Director of the SFO for his outstanding contribution.

He also worked as a Conflicts Analyst for Herbert Smith Freehills where he advised partners on their ethical duties in relation to conflicts across a breadth of civil and criminal matters, managing any conflicts in line with the regulatory code.

Adam achieved a first class honours Law degree from Bournemouth University in 2015. During his university placement he acted as a Crown Court paralegal for the Crown Prosecution Service where he managed a monthly case load and attended court daily. In this role he was nominated for Placement of the Year for outstanding achievement by exceeding expectations.

Adam is currently a Grade 1 Prosecutor and regularly accepts both prosecution and defence work.

Outside of work he is an avid, yet unfortunate, fan of Arsenal Football Club.

NOTABLE CASES

R v C

Robbery trial involving a youth defendant and youth witnesses where identity was in issue. Offence captured on CCTV but at the close of the Crown’s case, Adam was able to successfully argue that there was no case to answer.

R v M

Client charged with using violence to secure entry and assault by beating. The Crown’s case relied on the alleged incident being captured on a 999 call. Resulted in contested trial of mistaken identity and after careful cross-examination of the OIC in relation to voice identification and lines of enquiry; the defendant was acquitted.

R v G

Acquittal of defendant following successful argument of self-defence to prevent unlawful detention following a dispute over payment at a TFL underground station.

R v GL

Successful submission of no case to answer concerning an allegation of exposure where the offence had been captured on CCTV and was supported by eye witness accounts. Following cross-examination, both eye witnesses to the offence conceded that they could not be sure of seeing the actions alleged.

R v B

Represented client who had pleaded guilty to assault occasioning actual bodily harm on a police officer (resulting in surgery for a varicocele) and two further assaults on police officers. After the Crown applied to commit the case to the Crown Court for sentence; Adam was able to secure a suspended sentence of 20 weeks’ imprisonment.

R v A

Acquittal of a defendant in case of using violence to secure entry where the defendant had already pleaded guilty to a breach of a non-molestation order (breaching a SSO) and there was a long standing history between the complainant and defendant which required careful analysis of past crime reports. At the committal for sentence, Adam was able to successfully argue against activation of the SSO based on detailed submissions of psychiatric reports.

R v M

Represented a client at sentencing hearing. He had been convicted of a second offensive weapon offence within 3 years. Adam was able to successfully argue that the mandatory minimum ought not to apply and was able to secure a community order following mitigation.

R v G

Represented a client who had pleaded guilty to an assault by beating of hospital worker. Following submissions based on the client’s mental health and a psychiatric report; Adam was able to obtain an absolute discharge.

R v BW

Adam represented a client who had long standing mental health issues. He was charged with three counts of possessing a bladed article and two breaches of Heathrow byelaws.

After obtaining expert psychiatric evidence it was concluded that the client was not able to understand proceedings but neither a hospital order nor guardianship order was appropriate under s37 of the Mental Health Act 1983. In addition, no special measures or the use of an intermediary would have been of assistance to the defendant.

Consequently, Adam argued that to try the defendant would be an abuse of process as the defendant could not receive a fair trial.

Upon receipt of Adam’s skeleton argument and supporting documentation, the Crown conceded that it would not be in the public interest to prosecute the defendant.

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PROFILE: Adam Kirke

Year called

2018

Education

LLB Law, Bournemouth University, 2015 (First Class).

Bar Professional Training Course, University of Law, 2018 (Very Competent).

Provosts Award for Excellence (2016).

ICA Certificate in Anti-Money Laundering, 2020 (Distinction).

Memberships

The Criminal Bar Association

Young Legal Aid Lawyers Association

Young Fraud Lawyers Association

The Honourable Society of Lincoln's Inn

Appointments

CPS Panel (Grade 1)