Jonathan Kinnear QCDownload PDF
- Practise area and specialisations
- Cases of interest
- Associated work
Called1994 Called-Northern Ireland 1996
Called – Northern Ireland1996
QC List for SFO Prosecution Panel & Proceeds of Crime Panel (2013)
Professional Complaints Committee of the Bar Standards Board (appointed March 2008)
Special Advocate appointed by the Attorney General to deal with terrorism (Special Immigration Appeals Commission) cases and complex public interest immunity (PII) issues (appointed March 2007)
Deputy District Judge (magistrates' court) (appointed October 2004)
Recommended by the Legal 500 in fraud work for the last 3 years.
Practice Areas and Specialisations
Jonathan specialises in matters of real financial complexity in criminal, civil, regulatory and tribunal jurisdictions.
He has extensive experience in prosecuting and defending in the full spectrum of serious crime, including murder and major drugs conspiracies.
He also acts as a special advocate dealing with cases relating to national security and has particular expertise in relation to disclosure issues.
Jonathan’s criminal practice focuses on the prosecution and defence of serious fraud, the related money laundering and subsequent confiscation proceedings. In recent years he has appeared in many of the most serious and complex cases both at first instance and in the Court of Appeal.
He has particular expertise in the area of MTIC carousel VAT fraud and over the last seven years he has been instructed in some of the largest and most serious cases brought by the RCPO and latterly the CPS.
He also has extensive experience in the restraint and recovery of the proceeds of crime under both the CJA 1988 and POCA regimes. He appeared in the leading case in relation to the determination of realisable and hidden assets and in several leading cases in relation to the calculation of benefit.
He is currently instructed in several confiscation cases which involve benefit figures and realisable assets running to tens of millions of pounds. He is also instructed in relation to matters relating to restraint and enforcement in the High Court and Court of Appeal.
Jonathan has extensive expertise in the dealing with cases relating to direct taxation including income tax, capital gains tax, NIC and PAYE, in particular, in relation to accountants, labour providers and “gangmasters”. He has an in-depth knowledge of accountancy procedure and the use of forensic accountants.
Jonathan has also been widely instructed to defend in SFO prosecutions involving the defrauding and theft of pension funds and Customs prosecutions relating to VAT offences, diversion fraud and the evasion of duty.
His involvement in these areas of work has led to a detailed knowledge in a number of specialist areas including PII, Regulation of Investigatory Powers Act (RIPA) issues, disclosure and the obtaining and use of evidence from foreign jurisdictions. He has experience of visiting prosecuting authorities and judges abroad to liaise in respect of the obtaining and use of foreign evidence.
He is currently instructed to defend in a major fraud on Santander, a large scale conspiracy to supply class A drugs and is advising a private investigator in relation to a phone hacking investigation.
Jonathan has an expanding practice in the area of civil fraud, particularly at the margins between criminal and civil procedure.
He has recently advised a magic circle firm in relation to substantial civil claims made against a large accountancy firm.
He has particular experience in the First Tier Tribunal, Tax and the Upper Tribunal were he has dealt with a large number of high value cases relating relating to HMRC’s denial of the repayment of input tax. He is currently instructed in about 15 such cases, relating to almost £100 million of VAT.
He is currently instructed in relation to a leading case in relation to HMRC’s right to deregister active traders. The case involves a substantial European element and is subject to Judicial Review proceedings, an area in which he has experience both at first instance and in the Court of Appeal.
Jonathan is currently instructed by the Accountancy and Actuarial Discipline Board (AADB) in relation to a number of high profile investigations into the directors and auditors of failed or ailing companies. These cases are very factually complex, involve examination of detailed technical standards and the consideration of material generated by other agencies such as the FSA and BIS.
Jonathan has experience of representing police officers in relation to criminal allegations, internal disciplinary proceedings and at inquests and public enquiries.
Judicial and Quasi-Judicial Experience
As well as sitting as a Recorder of the Crown Court and as a District Judge, Jonathan has sat on and chaired a number of RFU disciplinary tribunals. He has been a member of the BSB PCC for the last 4 years undertaking the review and presentation of cases against fellow barristers.
Details of a selection of the cases in which Jonathan has been involved, and links to law and press reports, can be found behind the “Cases of Interest” tab.
Education and QualificationsThe Inns of Court School of Law
LL.B Hons - University of Newcastle Upon Tyne
Methodist College, Belfast
MembershipsSouth Eastern Circuit
Criminal Bar Association
Cases of Interest
R v Marsden and McIntosh  EWCA Crim 1501;  4 All E.R. 917;  S.T.C. 2349;  1 Cr. App. R. (S.) 60;  Lloyd's Rep. F.C. 577;  Crim. L.R. 814;  S.T.I. 1940;
R v Ahmed and Ahmad  EWCA Crim 391;  S.T.I. 546
Independant News Report
Operation Inertia – R v Ravjani
Operation Wembley, R v Sidhu and Others
Jonathan is currently a member of the Chambers' Management Committee and plays a leading role in the administration of Chambers.