3PB

Crime, Professional Discipline, Health and Safety

Nicholas Cotter specialises in regulatory law (including HSE, EPA, CQC, Sports and business regulations), fraud and serious crime.

Nicholas has advised and represented various prosecuting and regulatory authorities (CPS, Complex Crime Team, NCA, RASSO, UKAD and a number of Council Regulatory authorities)

Nicholas is often instructed to represent companies and directors in relation to alleged regulatory or criminal fault and is on hand to provide assistance for compliance, pre-charge advice and during potential prosecution.

He seeks to provide strategic and client centred approach to his advice and brings a forensic eye and assured and calm presence to his advocacy.

Crime and Regulatory Crime

Nicholas has extensive experience of criminal law, including:

• Serious crime consisting of murder, manslaughter, drugs importation, organised crime and sexual offences
• White-collar crime consisting of fraud, MTIC matters, Bribery, compliance advice, and asset recovery matters
• Regulatory / Quasi-Criminal matters involving particularly sports law, disciplinary hearings, maritime and food standards matters.

Recent cases:

Serious crime

• R v X - Instructed Prosecuting Counsel in an ongoing matter involving a significant drug syndicate operating along the South Coast.
• R v X - Instructed Prosecuting Counsel in an ongoing matter involving kidnap and the infliction of serious violence.
• R v X - Instructed Defence Counsel in an ongoing matter involving a campaign of stranger rape.
• R v X - Instructed Defence Counsel in an ongoing matter involving a campaign of arsons across the County of Hampshire.
• R v X - Instructed Defence Counsel in ongoing large multi-handed drugs nationwide importation conspiracy.
• R v X - Instructed Defence Counsel in a multiple victim rape allegation at a music festival.
• R v X - Instructed Defence Junior Counsel in a multiple death dangerous driving case on the M3.
  www.bbc.co.uk/news/uk-england-beds-bucks-herts-38001454
• R v F - Defence Junior in a 6 handed murder case at the Old Bailey resulting in an acquittal on the murder charge.
  http://www.bbc.co.uk/news/uk-england-london-29849274
• R v Parker et al - Prosecution Junior in “Operation Elevdon" on behalf of the CPS Organised Crime Unit arising from press corruption discovered during the Leveson Inquiry.
  http://www.theguardian.com/uk-news/2014/nov/18/sun-labour-mpphone-siobhain-mcdonagh-nick-parker
• R v B - Defending at the Old Bailey in a historic rape case dated from the 1960s involving a teacher accused by seven former pupils of repeated and systematic sexual abuse.
• R v X - Defended in a case involving fraud and linked arson values in excess of £2million.
• R v L - Successfully overturned a conviction before Lord Chief Justice Fulford for alleged historic sexual matters in the 1970s. The appeal was in relation to the unsafe admission of a Defendants previous sexual conviction in the 1980s.
• R v B - Successful prosecution of a stranger rape case in which the Defendant received a 16 year sentence with an 8 year extension period.
• R v X - Successful defence at the Old Bailey of a young man implicated in a significant cocaine importation conspiracy. Involving legal argument over evidence procured from Columbia.

Financial crime / Asset Forfeiture & recovery / MTIC matters

• R v H - Instructed Junior Counsel for the in £140 million VAT ‘Missing trader’ fraud (MTIC), Croydon (VHCC PANEL).
• R v P - Instructed Defence Counsel in relation to an alleged £65,000 false accounting matter, Portsmouth.
  http://www.portsmouth.co.uk/news/local/benefit-cheats-stole-66-000-from-hampshire-councils-in-eight-year-scam-1-4130546
• R v P - Instructed Defence Counsel in an internet Conspiracy to defraud, Isleworth. This matter involved an alleged Nigerian internet cash scam targeted at very elderly people.
• R v X - Instructed Defence Counsel in significant hidden assets POCA matter involving six figure sums.
• R v X - Instructed Counsel in multimillion pound POCA matter, Portsmouth. This fully contested matter concerned a convicted loan shark.

Violence/Organised crime

• R v B - Instructed Defence Counsel for a 13 year old boy charged with manslaughter and robbery, Old Bailey.
  http://www.guardian-se-ries.co.uk/news/9871168.WALTHAMSTOW__Two_teenagers_guilty_of_killing_student/
• R v M - Instructed counsel in the large 'gang' gun seizure in South London.
• R v K - Instructed Defence Counsel in drug importation case, Canterbury. This case involved a group of Latvian males who were charged with smuggling drugs hidden within the engine of a vehicle.
• R v X - Instructed Defence Counsel in a large conspiracy to kidnap matter. This matter involved a Lithuanian gang who were alleged to be involved in the extortion, violence and kidnap of low-skilled immigrant workers.
• R v S - Instructed Counsel in an arson with intent to endanger life.
  http://www.peterboroughtoday.co.uk/news/local/court-arson-attack-toget-friend-a-new-house-1-3621216
• R v B - Instructed Defence Counsel in murder trial, Winchester.
  http://www.portsmouth.co.uk/news/local/the-men-who-killed-brettcarpenter-lee-bevan-1-1232623
• R v B - Instructed Defence Counsel in attempt murder s18, Woolwich. This matter concerned a male from Romania who was observed on CCTV planting a carving knife into the neck of a male and concerned issues of mental health and intention.
• R v E - Instructed Defence Counsel in large scale violent disorder, Woolwich. This matter involved a large pre-arranged gang fight the case demanded detailed disclosure matters and sensitive part eight applications.
• R v S - Instructed Defence Counsel in organised high value jewellery robbery, Chichester. This matter concerned a highly organised gang from Liverpool who as a team committed a daylight robbery on the shop before undertaking a high-speed getaway from the police.
• R v S - Instructed Defence Counsel in an attempt murder in Cambridge.
• R v Y - Currently instructed Defence Counsel in a gang kidnap, extortion and torture case in South London.
• R v Aylett - Instructed Defence Counsel in road rage violence, Court of Appeal, reported. This matter concerned an appeal of sentence passed in relation to the actions of a male involved in road rage.
• R v C - Instructed to represent the defence in a highly reported case involving the defence of a lorry driver accused of causing the death of an elderly lady at a crossing within the grounds of Luton airport.
  http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-11390936

Fraud, Business and Financial crime

(including VAT and MTIC), Compliance advice, and Proceeds of crime)

Recent cases include :

• R x X - Currently instructed Defence Counsel in significant company VAT fraud and linked POCA.
• R x X - Instructed Defence Counsel in six figure POCA matter linked to illegal use of farm land for unlicensed activity.
• R v X - Instructed Defence Counsel representing Dutch nationals being pursed in a six figure POCA matter (life style).
• R v X - Instructed Junior Counsel for the in £140 million VAT ‘Missing trader’ fraud (MTIC), Croydon (VHCC PANEL).
• R v X - Instructed Defence Counsel in relation to an alleged £65,000 false accounting matter, Portsmouth. http://www.portsmouth.co.uk/news/local/benefit-cheats-stole-66-000-from-hampshire-councils-in-eight-year-scam-1-4130546
• R v X - Instructed Defence Counsel in an internet Conspiracy to defraud, Isleworth. This matter involved an alleged Nigerian internet cash scam targeted at very elderly people.
• R v X - Instructed Defence Counsel in significant hidden assets POCA matter involving six figure sums.
• R v X - Instructed Counsel in multimillion pound POCA matter, Portsmouth. This fully contested matter concerned a convicted loan shark.

Professional Discipline

Health and Safety

Year of call 1999.

The Honourable Society of Lincoln’s Inn Association of Commonwealth Criminal Lawyers British Association for Sport and Law (BASL) Member of the Western Circuit Proceeds of Crime Lawyers' Association The Health & Safety Lawyers Association Member of the Criminal Bar Association

Diploma in Law / CPE (Bristol) BA (Hons) History