Adam Birkby is a highly respected specialist in criminal, regulatory and disciplinary law. Whether being led by the pre-eminent silks on circuit, acting alone or latterly, as a leading junior, Adam is regularly instructed in some of the most serious and complex cases in the criminal calendar. Adam is a CPS Level 4 prosecutor and is approved to prosecute rapes and other serious sexual offences. Having been appointed to the list of Specialist Regulatory Advocates, Adam regularly prosecutes and defends in cases involving health and safety, environmental and trading standards law. Adam has built on this success to forge his disciplinary practice, representing police officers in misconduct proceedings and inquests and representing the General Medical Council in fitness to practise proceedings.
Adam is qualified to accept instructions directly from members of the public under the Bar Council Public Access scheme. He is particularly interested in direct access work relating to crime, public inquiries, professional discipline and inquests.
Adam has significant experience in prosecuting and defending:
In addition, he advises local authorities, prosecuting agencies and limited companies on a wide range of criminal law issues including the Regulation of Investigatory Powers Act 2000, public interest immunity, hearsay and bad character.
Adam regularly appears before the Court of Appeal.
He also delivers training to fellow practitioners on recent changes in case law and legislation, bad character and hearsay.
In addition to general crime, Adam prosecutes and defends in regulatory cases involving health and safety enforcement, environmental health, food standards, gangmasters legislation, and trading standards. He is appointed to the List of Specialist Regulatory Advocates.
Represents police officers, companies, health authorities, insurers, local authorities and families of the deceased in inquests concerning deaths in custody and through the use of force by police officers, road traffic accidents, drownings and corporate manslaughter.
Experience of drafting grounds for judicial review and has appeared in the High Court to challenge coronial decisions.
Thorough knowledge of inquest procedure and coronial law and of the Administrative Court procedure and public law relating to inquests.
Advises and represents claimants in judicial review proceedings arising from inquests, actions against the police and prison law.
Represents claimants in actions against the police for assault, false imprisonment and wrongful arrest.
Advises and represents prisoners in adjudication hearings, parole board hearings (including “lifer” hearings and recalls on licence), claims for false imprisonment and personal injury.
Advises and represents Probation Services and prison authorities in claims for false imprisonment and negligence.
Adam appears on behalf of the General Medical Council in fitness to practise, review and restoration hearings before the Medical Practitioner’s Tribunal Service.
He regularly appears before the Medical Practitioners’ Tribunal Service on behalf of the General Medical Council for review hearings, fitness to practise hearings and restoration hearings.
Fitness to Practise review where charges were based upon Doctor’s misconduct.
Fitness to Practise review resulting in the Doctor’s erasure from the register.
Fitness to Practise proceedings relating to Doctor’s inappropriate relationship with vulnerable patient.
Fitness to Practise proceedings regarding probity concerns surrounding Doctor’s conduct.
Adam is regularly instructed to represent police officers facing disciplinary allegations before misconduct hearings.
He has extensive experience in representing police officers in Misconduct Hearings, Police Appeals Tribunal Hearings, Criminal Proceedings, Inquests and applications for Judicial Review.
Adam also represents police officers facing disciplinary allegations of sexual assaults, corruption, dishonesty, including theft and providing false statements, improper use of force, harassment, neglect of duty, including in the context of related deaths in custody, and misuse of PNC and other confidential information held on police systems.
Represented PC G and T in relation to gross misconduct allegations of duties and responsibilities, authority, respect and courtesy, and discreditable conduct. Officers alleged to have failed to obtain information about a detainee’s health and medication and then ridiculed him as he lay unconscious in a cell. The detainee later died in custody.
Represented PC B in relation to gross misconduct allegations of honesty and integrity, confidentiality, duties and responsibilities and discreditable conduct. Officer alleged to have tricked a colleague into obtaining information about an ongoing criminal investigation.
Represented PC G in relation to gross misconduct allegations of honesty and integrity and challenging and reporting improper conduct. Officer alleged to have assisted in covering up for a colleague who assaulted a member of the public.
Represented PC S in relation to gross misconduct allegations of honesty and integrity, duties and responsibilities and discreditable conduct. Officer alleged to have used his position to form sexual relationships with two women, one of whom lied in a witness statement upon his instruction.
Represented Inspector W in relation to gross misconduct allegations of honesty and integrity and duties and responsibilities. Officer alleged to have taken unauthorised leave and then manipulated the global rostering system in order to conceal the absences.