DAN
BUNTING

Called to the Bar in 2001

Middle Temple

Practice Areas: Crime, Immigration

Dan practices in all areas of Criminal Law and has appeared in all courts from Magistrates’ and Youth Courts, the Crown Court and Divisional Court and Court of Appeal. As well as defending, he has appeared for the CPS and other prosecuting agencies in all types of appearances including trials and appeals.

 

He has a particular speciality in advising and drafting applications to the CCRC and conducting appeals where other advocates have previously appeared.

 

Dan has previously qualified as a duty solicitor has a lot of experience of representing people at the police station. He is also available for advising people pre-charge.

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Dan also practices in Immigration law and has been instructed in the Tribunal (in its various forms), High Court and Court of Appeal on immigration matters. He also has expertise in areas related to that such as carriers’ liability and illegal working.

He has a particular interest in the crossover of Criminal and Immigration Law and is recognised as a leading expert in defending immigration offences and victims of trafficking. He has appeared in many key cases before the Court of Appeal in this area.  

 

He is also available to conduct work ancillary to that, as well as advising companies on drafting Modern Slavery Statements.

Dan is a member of Chambers’ Prison and Public Law team and regularly provides advice and representation in both areas.

 

Dan has lectured and conducted training in both substantive Criminal and Immigration Law, Evidence, Mental Health issues and Ethics.

 

He is an experienced writer for both a legal and a lay audience.

 

Dan is registered under the public access scheme and can give advice directly to the public in all areas of law.

Appointments:

  • Fee-paid (part-time) Immigration Judge in the First-tier Tribunal

  • Independent member of the Parole Board

  • OISC - Member of the Audit and Risk Assurance Committee

  • Bar Standards Board - Independent Decision-making Body

Reported Cases Include:

  • R v DS [2020] EWCA Crim 285 – prosecution appeal on the availability of abuse of process in modern slavery cases (judgment here).

  • R v Boateng – [2016] EWCA Crim 57, [2016] 4 WLR 70 – successful in part appeal against conviction following guilty pleas, where the Court considered various complex questions of immigration law as well as the advice given by previous lawyers – judgment and commentary here.

  • R v Shabani – [2015] EWCA Crim 1924 – successful appeal against conviction following a guilty plea, where the previous representative had been referred to the SRA due to the advice given – judgment and commentary here.

  • R v Wells & Others – [2015] EWCA Crim 2, [2015] 1 WLR 2797, [2015] 1 Cr App R 27, [2015] Crim LR 359 – leading case on conducting trials where a defendant is found unfit to plead – judgment here.

  • R v Smith –  [2014] EWCA Crim 2163, [2015] 1 Cr App R 13, [2015] 1 WLR 937 – A trial for possession of a firearm with intent to endanger life (a bag of guns and ammunition). There was an appeal to the Court of Appeal on the basis that a ‘Brown‘ direction should have been given (judgment here).

  • R v Mateta & Others – [2014] 1 WLR 1516, [2014] 1 All ER 152, [2013] 2 Cr App R 35, [2014] CLR 227 – guidance judgment on the approach to prosecutions under s31 – refugees in possession of false passports (judgment here).

  • R v Le & N –  [2012] EWCA Crim 189; [2013] QB 379, [2012] 3 WLR 1159, [2012] 1 Cr App R 35. [2012] Crim LR 958. The Times, April 10, 2012 – guidance on prosecuting victims of trafficking for offences committed – (judgment here)

  • R v AM & Others – [2011] 1 Cr App R 35 – junior counsel for two out of four appellants challenging their convictions for possession of false passports following guilty pleas  (judgment here).

  • R v G [2011] – 2 Cr App R (S) – sentencing of victims of trafficking.

  • R v Osman – [2008] 1 WLR 1130, [2008] 1 Cr App R 20 – Leading case on s2 Asylum and Immigration (Treatment of Claimants, etc) Act Offences (entering the UK without a passport)  (judgment here).

  • R v Doughan – (2007) 171 JP 397 – Directing the jury on a different factual basis to the case that has been put by the Prosecution.

  • Denny v Acton Youth Court – [2004] 1 WLR 3051, [2004] 2 All ER 961, [2005] 1 Cr App R(S) 6 – Judicial Review concerning the sentencing of defendants who turn 18 during the proceedings (judgment here).

Qualifications:

  • BSc (Mathematics)

  • MA (Contemporary History and Politics)

  • PGDL / BVC

Memberships:

  • Criminal Bar Association

  • Administrative Law Bar Association

  • Immigration Law Practitioners Association

  • BID