Email: bswan@stokoepartnership.com

Telephone number: 0208 558 8884

LinkedIn: Brian Swan

brian-swan

Brian Swan joined Stokoe Partnership in 2004 as a case worker and is now a Partner at the firm. He has a strong track record as a thorough and talented lawyer preparing a wide range of cases within Stokoe Partnership’s criminal litigation department. He has extensive experience dealing with cases involving the most serious of criminal offences ranging from murder to large scale importation of drugs.

"Brian Swan has vast experience in defending clients facing serious criminal charges and in advising on all aspects of the Proceeds of Crime Act. Good humoured and incredibly efficient in cutting through vast amounts of paperwork to identify the strengths and weaknesses of a case, Brian is exactly who you need to guide you through the criminal trial process."

 

Brian has broadened his experience and areas of expertise to include cases involving extradition, regulatory offences and other complex fraud cases and confiscation proceedings.

Notable cases:

  • Represented a defendant jointly charged with murder having been extradited from Spain some 8 years after the incident took place. It was alleged the defendant had entered into a joint enterprise to kill or cause the deceased serious harm. Following a six week trial at the Central Criminal Court the defendant was acquitted. The co-defendant who had proceeded to blame the defendant was found guilty of murder. The case required a detailed analysis of forensic and telephone evidence (including cell site analysis). It also involved a detailed cross referencing of the interviews, witness statements and live evidence of the co-defendant to show inconsistencies in his evidence.
  • Represented two shareholders/directors of a multimillion pound company charged with being concerned in a conspiracy to steal vast amounts of railway track from British Rail. The trial lasted some 3 months and it was alleged the defendants were at the very heart of the conspiracy. At the start of the trial a further count under the proceeds of crime legislation was added to the Indictment as an alternative count. The case preparation required a detailed analysis of the business records of the defendants’ company. In addition to the accountancy material the case required a detailed analysis of telephone evidence including cell site evidence.  The defendants were acquitted of the conspiracy but were convicted of the alternative count under the proceeds of crime and as such managed to avoid immediate custody. An appeal has been lodged against the decision to add the alternative count which has been granted leave by the Single Judge and so is now to be decided by the full court at the Court of Appeal.
  • Represented a client who faced extradition proceedings to Belgium. At first instance the Magistrates’ Court stayed the extradition following arguments in which it was submitted the extradition of this client in the particular circumstances amounted to an abuse of process. The Crown Prosecution Service acting for the Judicial Authority of Hasselt, Belgium, appealed the decision to the Administrative Court however in those proceedings the original decision to stay the extradition was upheld.