Oliver Hirsch examines when defendants' claims of unlawful use of force by police officers can be substantiated, with due regard to the powers available to police officers in s.117 PACE 1984, and the rights to use reasonable force available to all citizens.
Oliver Hirsch
Year of Call: 2020
Email Address: [email protected]
CJSM: [email protected]
Telephone: 01962 868 884
Clerk Details
- Clerk Name: Stuart Pringle
- Clerk Telephone: 07962 868 884
- Clerk Email: [email protected]
Overview
Oliver Hirsch is a criminal barrister based at 3PB’s Winchester office. He conducts work for both defence and prosecution.
As defence counsel, Oliver has secured acquittals in a range of cases, including the supply of Class A drugs and assault occasioning actual bodily harm (ABH). He has been instructed as junior counsel in cases involving historic child sex offences and county lines drug trafficking; and has appeared in the Court of Appeal, where his client’s sentence was reduced by 18 months.
Oliver has been appointed to Level 2 of the CPS General Crime Advocate Panel. Previous cases have included the successful prosecution of an attempted robbery.
Oliver's caseload extends beyond general crime to encompass regulatory matters. He was recently involved in the successful defence of an e-bike retailer from prosecution by the DVSA.
Oliver is the editor of 3PB’s criminal law newsletter.
Expertise
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Crime Add this expertise to your shortlist Oliver Hirsch is a barrister, based at 3PB’s Winchester office, who accepts instructions in both defence and prosecution work, appearing in the magistrates’, youth and Crown Courts.
Criminal Defence
R v A: junior defence counsel in a multi-handed conspiracy to supply Class A drugs.
R v M: represented defendant in the Court of Appeal, having his sentence reduced by one third.
R v K: ABH, client acquitted of allegation that he assaulted his neighbour. He had argued self-defence.
R v S: possession of Class A with intent to supply - client acquitted after trial by jury.
R v E: acted as junior counsel in a multi-week trial of historic child sexual abuse allegations.
R v L: defended client at his sentencing for a knifepoint attempted robbery; highly unusually, a suspended sentence was passed.
R v B: Successfully argued that the defendant would suffer 'exceptional hardship' if her driving licence was not restored.
R v W: Mitigating for his client in a court martial sentencing for going absent without leave, Oliver persuaded the court to grant (unusually) a community service order.
R v T: client acquitted at trial; self-defence to a charge of assaulting an emergency worker.
R v C: possession of a bladed article; starting point of 18 months in custody reduced to a 6-month suspended sentence.
Criminal Prosecution
R v P: secured conviction for street robbery after trial by jury.
R v B: custodial sentence for a racially aggravated public order offence upheld on appeal.
R v P: conviction for driving in charge of a vehicle while unfit.
R v M: conviction in drink-driving case involving expert evidence.
Proceeds of Crime
R v A: Oliver persuaded the prosecution to settle, after making a novel argument that the defendant’s current account balance was in fact held on trust for his bank. The client paid £16,000 less than the prosecution had been pursuing.
R v C: Oliver negotiated the amount sought by the prosecution down from £15,000 to £3,500.
Regulatory
Oliver acts in all areas of regulatory law. His most recent experience includes taxi licence appeals and a private prosecution under the electric pedal cycle regulations.
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Articles -
When are police officers entitled to use force?
22nd May 2024View Article -
Abuse of process in modern slavery
11th Oct 2023View ArticleOliver Hirsch analyses the case of R v AFU [2023] EWCA Crim 23, a case in which the Court of Appeal reviews the authorities on abuse of process applications in trafficking and modern slavery cases.
The Court confirms that the police must take proactive steps to investigate a suspect’s trafficking or slavery status, and in particular consider making an NRM referral.
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Excalibur & Keswick Groundworks Ltd v McDonald
29th Mar 2023View ArticleOliver Hirsch considers the case of Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18, in which the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English [2017] EWHC 3616 (QB).
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12-month sentencing powers for magistrates reversed – but why?
14th Mar 2023View Article3PB's criminal law and personal injury barrister Oliver Hirsch discusses the reversal of the 12-month sentencing powers given to magistrates last year.
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Does an employer who fails to make reasonable adjustments to its dismissal procedure act unreasonably for the purposes of unfair dismissal?
1st Jun 2022View ArticleOliver Hirsch analyses Knightly v Chelsea & Westminster Hospital NHS Foundation Trust [2022] EAT 63, a case in which practitioners are reminded to be careful about drawing links between a claimant's unfair dismissal and discrimination claims.
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Recommendations “Totally on top of his brief, good manner with witnesses and jury, careful and not even vaguely prolix... a not guilty verdict against a lot of evidence, in part because he focused on just the right narrow issue.” - Circuit Judge
“I was struck by his presence. He spoke well and confidently.” - Circuit Judge
“Your expertise has not only led us to this successful result but has also provided a sense of support and confidence during the times when the situation seemed most daunting. Your ability to navigate through the complexities of this case has been nothing short of remarkable.” - Client
Client: “Thank you for the fantastic job you did of standing up for me in court. I had never been in that situation or setting before and I’m sure it was obvious to you and everyone else that I was very nervous. I found you to be professional and I thought you brought the points of my case across very well, which I’m sure is what led to a great result.” - Client
Related Articles
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Welcome to our third crime and regulatory law newsletter edited by Oliver Hirsch, featuring our conference on 13 September as well as crime news and analysis from Oliver Hirsch, Kate Davies, Jo Martin KC, Gemma White, Tom Acworth, Berenice Mulvanny, Sunyana Sharma, Rebecca McKnight and Holly Fagan.
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Welcome to 3PB's crime law newsletter, bringing you news and analysis from our team. Edited by Oliver Hirsch, with analysis from Jonathan Underhill on POCA applications; Olivia McGonigle on the case of ADG & BIJ v Rex [2023] EWCA Crim 1309; Jack Felvus on procedural errors in the transfer of proceedings and Paul Patterson on the case of R v Watson [2023] EWCA Crim 960.
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Four 3PB barristers secure acquittals for two defendants in major Conspiracy to Supply cocaine trial
Four 3PB criminal law barristers - Nick Robinson, Tom Evans, David Jenkins and Oliver Hirsch (pictured top left to bottom right) - have successfully defended two clients in a major Conspiracy to Supply Class A drugs trial, following Operation Krill which was an extensive surveillance operation lasting more than a year. Three individuals were charged with Conspiracy to Supply cocaine and two stood trial in December 2023. AD was alleged to have been the head...
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3PB Barristers (3 Paper Buildings) is delighted to announce that four members of its criminal law team have been regraded on the CPS Advocate Panel List. Jonathan Underhill – Level 4 (General Criminal List) Thomas Evans – Level 3 (Serious Crime List) Oliver Hirsch – Level 2 (General Criminal List) Holly Fagan – Level 2 (General Criminal List) Jonathan Underhill was called to the Bar in 2008 and is a specialist criminal and regulatory barrister...
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