Kevin Barry is a barrister specialising in consumer and trading standards law, regulatory, cybercrime and complex and serious crime matters.
He is a popular choice to defend and prosecute in complicated consumer and criminal cases, representing private individuals, companies and local authorities. He is regarded as a tenacious and convincing advocate who fights challenging and occasionally unattractive cases with commitment and resolve.
Kevin is well known among those that instruct him for his thorough preparation, excellent client skills and his commercial and practical approach in consumer and regulatory cases. He is well regarded for his incisive and effective cross–examination, particularly where technical and expert evidence is involved. He is at ease in the Court of Appeal, regularly appearing in cases involving complex factual and legal points.
He is a Level 4 CPS prosecutor (the top grade). He has prosecuted and defended in numerous homicide cases, both leading and as a led junior.
Kevin Barry is the head of the Cybercrime team at 36 Crime. He is regularly instructed in some of the most complex (and interesting) cybercrime case.
His expertise have developed over the past few years since he was instructed for the defence in the very high–profile computer–hacking case of R v Ackroyd and Others (Southwark Crown Court 2013). This case involved members of the Lulzsec / Anonymous ‘hacktivist’ groups, who were alleged to have caused in excess of £30 million of loss and damage to international corporations such as News International and Sony, and UK and US state agencies including the CIA.
Kevin has continued to develop his specialist expertise in the field of cybercrime, prosecuting and defending in a string of the most complex cybercrime cases across the country over the last few years. He recently defended in the case of R v Kane Gamble (Old Bailey 2018), who was accused of ‘cyberterrorising’ several very senior figures in the US state security apparatus, including the Director of the CIA and the Dep. Director of the FBI.
- Criminal Enforcement, including under Consumer Protection from Unfair Trading Regulations 2008, and the Consumer Rights Act 2015
- Civil Enforcement, including under the Enterprise Act 2002
- Intellectual Property
- Consumer Contracts
- Product Safety / General Product Safety Regulations 2005
- Fraud and money Laundering
- Age Restricted Sales
- Food Standards and Labelling
- Environmental trading Standards
- Complex Fraud
- Drug Importation
- Rape and child sex cases
- Intellectual Property Offences
- Death by driving
- People Trafficking
- Serious Violence
- Money Laundering
Appointments & Memberships
- Lincoln’s Inn, Cybercrime Practitioners Association
- Criminal Bar Association
LBC v Websaver and Others (Leicester Crown Court 2012)
Kevin defended in this franchise investment fraud case, involving allegations that the defendants made over £1 million selling web-based business discount franchises (led). Click Here
Chester CC v Flat Earth Three and Elman (Chester MC 2013)
Kevin Defended the company and director of a ‘hed shop’ selling legal highs in Chester. CPUT offences. The case was halted by the Judge after defence submissions in relation to failures by the prosecution and the sufficiency of the evidence, with NG verdicts entered on all charges (led). Click Here
Norfolk CC v Hambury and Wyatt (Norwich MC 2015)
Kevin prosecuted two ‘legal high’ ‘hed shop’ owners for selling unsafe products under General Product Safety Regulations 2005.
LCC v Kataria (Leicester Crown Court 2016)
Kevin successfully prosecuted a second-hand car trader for fraud (Fraud Act and CPUT offences). Click Here
BIS and Luton BC v Hussain (Luton Crown Court, May 2016)
Kevin defended a man who faced a joint prosecution by BIS and Luton Borough Council. D had run a security / burglar alarms business and was accused of Companies Act / Fraud, Insolvency Act , CPUT, and Business Protection from Misleading Marketing Regulations offences. Limited pleas resulted in a suspended sentence.
Middlesbrough Council v Y Ltd
In 2016 Kevin advised a local authority in relation to the proposed prosecution of a major national online retailer for CPUT offences in relation to unfair pricing practices. The case involved complex issues of law, and consideration of a very large volume of evidence, including material supplied by the National Trading Standards eCrime Team.
OCC v Manley and RAD Trading (Oxford Crown Court, Jan 2017)
In early 2017 Kevin defended in this prosecution of the UK’s biggest manufacturer, wholesaler and retailer of notorious Legal High/New Psychoactive Substances. The prosecution was brought using General Product Safety Regs (led). Click Here
LCC v X & Y (Leicester Crown Court, ongoing)
Kevin represents one of two Defendants accused of Fraud and CPUT offences arising from used car sales.
Leicester City Council v Rohman & Others (Leicester Crown Court Feb/March 2017)
Kevin recently successfully prosecuted the biggest ever UK food substitution fraud trial. This case had complex issues of law and fact arising from a 2 year Fraud Conspiracy conducted by multiple defendants. The case arose from the importation of over 100,000kg of turkey meat that was not certified as Halal, which was then sold on nationally to Islamic meat businesses as Halal lamb. The conspiracy is estimated to have netted over £750k. The case required careful consideration of aspects of the Food Safety Act and Food Safety and Hygiene Regs. The case gave rise to particularly sensitive issues arising from targeting by the defendants of the Islamic community in E.Mids for sale of this non-Halal meat, and consequently attracted considerable press attention. The two Defendants convicted were each sentenced to 5 years imprisonment. Click Here and Click Here
CONSUMER AND TRADING STANDARDS
R v X (2016 – on-going)
Fraud. Kevin prosecutes in this complicated investment fraud case where losses are estimated at over £1 million. Guilty pleas have been secured.
R v Ishaq and Choudhary (Northampton Crown Court 2015)
Proceeds of Crime (POCA). Kevin secured confiscation orders for in excess of £500,000 in this case, with a background of international money laundering.
R v Porter (Cambridge Crown Court, 2014)
Kidnap, threats to kill and rape. Kevin prosecuted in this case where the defendant was convicted of kidnapping his wife and subjecting her to a terrifying ordeal during which he repeatedly raped her and threatened to kill her.
R v Dillon (St Albans Crown Court, 2014)
Murder. Kevin led for the Crown and secured the Defendant’s conviction after trial. The Defendant had stabbed a young man through the heart. The case raised interesting questions concerning sentencing where a knife is brought to the scene, considered by the Court of Appeal.  EWCA Crim 3  1 Cr. App. R. (S.) 62
SERIOUS CRIME CASES
R v Turner (Cambridge Crown Court Jan 2017)
Kevin was instructed to prosecute by ERSOU in this case which demonstrated the intersection of offending under the Computer Misuse Act, commercial criminal enterprise, and sexual offences. The Defendant was a computer hacker who used malware to infect private individuals devices (including that of a child), giving him access to their webcams, which he then covertly used to record private activity (Voyeurism); he also hacked into their files and retrieved a mass of personal photos and documents. He marketed malware packages online on a commercial basis, offering IT support for potential customers. He also refused to comply with a s.49 Notice to Disclose a Key (s.53(1) and (3) RIPA 2000, in relation to a pair of external hard drives. He was sentenced to 3 years – 10 months of which was for the RIPA offence. See https://tinyurl.com/h5r3tff
Kevin has prosecuted, defended and advised in numerous other cases with cybercrime / digital evidence including indecent, prohibited and extreme images (including advising CPS Special Casework Unit in relation to images of bestiality discovered on a serving police officer’s computer); ‘cyber bullying’; and serious sexual cases with social media and digital evidence.
R v Chappell (Manchester Crown Court 2017 - ongoing)
Kevin is instructed to prosecute in this ongoing cybercrime case at Manchester Crown Court, where the Defendant has pleaded guilty to Computer Misuse Act offences, principally arising from the launch of DDoS attacks. He currently awaits sentence.
R v Street (Chelmsford Crown Court, Dec 2016)
Kevin was instructed to prosecute by ERSOU in this case where the defendant pleaded guilty to selling DDoS facilities to others on a commercial basis, and to using the notorious Blackshades software to harvest passwords and user details for the purpose of fraud – a (£9k confiscation order made at sentence). See https://tinyurl.com/jumd2z7
R v G (Northampton Crown Court 2016)
Kevin drafted the pre-charge advice and was instructed in the subsequent prosecution involving Computer Misuse Act (hacking) offences committed by a disgruntled ex-employee of a software company.
R v Vasan (Croydon Crown Court Jan 2017)
Kevin prosecuted in this case where the Defendant was convicted after trial of raping and sexually exploiting an underage girl as part of a wider internet based commercial sex web-camming network. He was sentenced to a total of 19 years imprisonment. See https://tinyurl.com/hnn4956
R v Neale (Guildford Crown Court 2015)
Kevin defended in this case. The Defendant pleaded guilty to offences of Computer Misuse. The Defendant was the ex–director of a company offering mobile device security software and services to corporate clients. Having left the employ of the company he continued to access their databases and systems, and that of a corporate client. He admitted that he altered and deleted data from business critical systems. The attack on the corporate client was investigated by IBM. See: http://tinyurl.com/puonu94
R v Sullivan (Liverpool Crown Court 2015)
Kevin defended in this DDoS case. The Defendant pleaded guilty to an indictment containing 21 counts of Computer Misuse. He admitted launching DDoS attacks against a range of targets including BA, the police and other governmental agency sites. The evidence required experts to investigate the use of proprietorial software packages used to launch and manage such attacks (so-called ‘DDoS as a service packages. See: http://tinyurl.com/qy2y298
R v Floate (B’ham Crown Court 2015)
Kevin was instructed to prosecute this case by the Complex Casework Unit – W.Mids. The Defendant eventually pleaded guilty (May 2015) to offences on two indictments: (1) Computer Misuse offences (including: conspiracy to launch DDoS attacks on an FBI website and the Home Office website; and hacking into two private individuals’ computers – one of whom the Defendant videoed masturbating, then posted the video on YouTube); and (2) possession of prohibited images. The evidence in this case included material recorded by a key stroke logging program which appears to have been covertly downloaded onto the Defendant’s computer; extensive forensically recovered data; and social media feeds. The Defendant submitted a basis of plea which disputed the extent of his involvement and the seniority of his role within the conspiracy. A lengthy Newton Hearing took place on 19-20.08.15. The prosecution called evidence from an expert officer from West Midlands Regional Cybercrime Unit. The Prosecution case included the delivery of an interactive PowerPoint presentation, with embedded video excerpts. The Recorder ruled entirely in favour of the Prosecution, and rejected every disputed assertion made by the Defendant in his basis. See: http://tinyurl.com/plruxax
R v Ackroyd and Others (Southwark Crown Court 2013)
In 2013 Kevin was led by William Harbage QC defending in the high–profile computer hacking case of R v Ackroyd, & others, involving members of the Lulzsec / Anonymous ‘hacktivist’ group who were alleged to have conspired to cause in excess of £30 million of loss and damage to international corporations such as News International and Sony, and state agencies including the CIA by hacking and DDoS crashing their sites. Ackroyd was alleged to be the technical wizard (or ‘router’) who facilitated much of the activity. The case was prosecuted by London Complex Casework Unit. This was one of the biggest and most complex cybercrime / Computer Misuse cases yet tried in the UK. The Defendants were skillful and highly technically adept hackers. The served evidence amounted to almost 50,000 pages of material, including expert reports; IRC chatroom logs; instant messaging and social media feeds, with a further 250,000 pages of material served as Unused. The case against the defendants stemmed from the use of a participating CHIS by the FBI. See: http://tinyurl.com/ntzlu7s
Education and Qualifications
LLB (Hons) University of Birmingham
Seminars and Training on Crime and Cybercrime
Kevin has been in demand to present to diverse audiences and groups in the cybercrime field:
Covert Policing Training and Publishing Company’s 3rd Annual Cybercrime Conference 2015.
Delivered a lecture to an audience of fifty key law enforcement professionals, legal practitioners and academics on ‘Cybercrime – A view from the Bar’ (May 2015 – see http://tinyurl.com/pnrwnzt ).
London Fraud Forum Expert - Round Table discussion on crypto-currencies (Bitcoin et al), Kevin was invited to take part in this fascinating information sharing opportunity together with senior international police officers, academics, business risk managers and forensic accountants (2015).
West Midlands Fraud Forum 2016 Annual Conference (Birmingham). ‘Cybercrime, and Fraud in Cyberspace’, presentation to an audience of 150 business, legal and investigative professionals (Feb 2016).
Download on Cybercrime.
During 2015 Kevin delivered a series of lectures on behalf of 36 Crime to defence solicitors and prosecutors, jointly with William Harbage QC. These lectures explored the latest developments in the field.
Open Source Evidence – Minefield or Treasure Trove?
In May and June 2016 Kevin delivered seminars to the Association of Chief Trading Standards Officers in London and Leicester. During these seminars, delivered to approximately 80 Heads of Service and senior investigators, Kevin explained the opportunities and pitfalls in the use of Open Source material in investigations, with a particular emphasis upon the application of the RIPA regime to this fast developing field of investigatory techniques.