Introduction
For over a decade Ben has been consistently recognised by the industry directories as a leader in his field. He enjoys a thriving practice, both prosecuting and defending, predominantly in regulatory crime (health and safety, trading standards, fraud, environmental crime and inquests) along with associated complex confiscation proceedings. He has been appointed to the highest tier (Panel A) on the Attorney General’s Unified List of Prosecuting Advocates. At the core of his practice is an acute attention to his client’s best interests and a tireless commitment to his cases.
He was Junior Counsel in X [2013] 2Cr.App.R.15, the leading authority on the CPUT Regulations and the application of recklessness to corporate entities and WCC v Quami [2020] EWCA Crim 819: determination of ‘Harm’ in Fraud Sentencing Guidelines when targeting vulnerable consumers.
He appeared in the leading health and safety cases Tata Steel [2017] EWCA Crim 70, Diamond Box [2017] EWCA Crim 1904, Lear [2018] 2Cr.App.R.11; Faltec [2019] [2019] EWCA (Crim) 520, and the environmental law case of EA v McIntosh [2019] EWCA Crim 231 which addressed the sentencing of directors and the relevance of available assets to costs applications.
Twice nominated for Birmingham Law Society’s Barrister of the Year. He has been a Recorder of the Crown Court since 2016.
He is the Deputy Head of the St Philips Regulatory Group and head of St Philips Chambers recruitment committee.
He is a semi-professional musician and keen sportsman.
Regulatory
Ben has extensive expertise in Trading Standards matters. For over a decade Ben has been consistently recognised by the industry directories as a leader in his field. He enjoys a thriving practice, both prosecuting and defending, predominantly in regulatory crime (health and safety, trading standards, fraud, environmental crime and inquests) along with associated complex confiscation proceedings. He has been appointed to the highest tier (Panel A) on the Attorney General’s Unified List of Prosecuting Advocates. At the core of his practice is an acute attention to his client’s best interests and a tireless commitment to his cases.
He is regularly instructed to advise on pre-charge issues in respect of complex Trading Standards, health and safety and environmental prosecutions and to advise and defend directors accused of regulatory crime.
Relevant case law
He was Junior Counsel in [2013] 2Cr.App.R.15, the leading authority on the CPUT Regulations and the application of recklessness to corporate entities.
R v Lear [2018] EWCA Crim 69 – defining guidance on the prosecution of partners and partnerships.
EA v McIntosh [2019] EWCA Crim 231 which addressed the sentencing of directors and the relevance of available assets to costs applications.
WCC v Quami [2020] EWCA Crim 819: determination of ‘Harm’ in Fraud Sentencing Guidelines when targeting vulnerable consumers.
Twice nominated for Birmingham Law Society’s Barrister of the Year. He has been a Recorder of the Crown Court since 2016.
Contributing Editor for: ‘Consumer and Trading Standards: Law and Practice’, Jordans, 2013, 2015 and 2016
He is the Deputy Head of the St Philips Regulatory Group and head of St Philips Chambers recruitment committee.
He is a semi-professional musician and keen sportsman.
Trading Standards, Consumer Protection & Food Safety
Ben is one of only two advocates currently ranked for Consumer Law in Chambers and Partners Midlands Bar. He has been ranked as ‘band 1’. He has extensive experience in cases involving Trading Standards offences.
For over a decade Ben has been consistently recognised by the industry directories as a leader in his field. He enjoys a thriving practice, both prosecuting and defending, predominantly in regulatory crime and associated complex confiscation proceedings. He has been appointed to the highest tier (Panel A) on the Attorney General’s Unified List of Prosecuting Advocates. At the core of his practice is an acute attention to his client’s best interests and a tireless commitment to his cases.
He is regularly instructed to advise on pre-charge issues in respect of complex Trading Standards, health and safety and environmental prosecutions and to advise and defend directors accused of regulatory crime.
He is regularly instructed to advise on pre-charge issues, by both the prosecution and defence, in respect of complex Trading Standards prosecutions, fraudulent trading and fire safety cases.
Relevant case law
He was Junior Counsel in [2013] 2Cr.App.R.15, the leading authority on the CPUT Regulations and the application of recklessness to corporate entities.
R v Lear [2018] EWCA Crim 69 – defining guidance on the prosecution of partners and partnerships.
EA v McIntosh [2019] EWCA Crim 231 which addressed the sentencing of directors and the relevance of available assets to costs applications.
WCC v Quami [2020] EWCA Crim 819: determination of ‘Harm’ in Fraud Sentencing Guidelines when targeting vulnerable consumers.
Twice nominated for Birmingham Law Society’s Barrister of the Year. He has been a Recorder of the Crown Court since 2016.
Contributing Editor for: ‘Consumer and Trading Standards: Law and Practice’, Jordans, 2013 to 2019.
He is the Deputy Head of the St Philips Regulatory Group and head of St Philips Chambers recruitment committee.
He is a semi-professional musician and keen sportsman.
Health & Safety, Corporate & Gross Negligence Manslaughter
Ben has been appointed to the Attorney General’s Unified List of Prosecuting Advocates in Health and Safety and Environmental Law since 2009. He has now appointed to their highest tier (Panel A). He is ranked by both Chambers and Partners and the Legal 500.
Health and Safety is a core part of Ben’s practice. In 2017 he appeared in two of that year’s most important health and safety cases which helped to define the court’s approach to the Definitive Sentencing Guidelines: HSE v Tata Steel UK Ltd [2017] EWCA Crim 70 and HSE v Diamond Box Ltd [2017] EWCA Crim 1904.
In 2018 he appeared in R v Lear [2018] EWCA Crim 69 where the Court of Appeal provided defining guidance on the prosecution of partners and partnerships.
At the core of his practice are an acute attention to his client’s best interests and a tireless commitment to his cases.
Ben also has considerable experience of representing parties at inquests. His expertise in that field allows him to offer full continuity to clients in cases which are preceded by such a hearing. These are always sensitive hearings and are often highly complex involving a full Article 2 ECHR investigation of the circumstances surrounding a death.
Twice nominated for Birmingham Law Society’s Barrister of the Year. He has been a Recorder of the Crown Court since 2016.
Contributing Editor for: ‘Consumer and Trading Standards: Law and Practice’, Jordans, 2013 to 2019.
He is the Deputy Head of the St Philips Regulatory Group and head of St Philips Chambers recruitment committee.
He is a semi-professional musician and keen sportsman.
Inquests and Coronial
Ben’s practice covers a large variety of regulatory work and he now has extensive experience of inquest work including those that involve complex ‘Article 2’ issues. He has represented a custody officer where a suspect died whilst under his supervision. This was an ‘Article 2’ inquest which looked in detail at the practices and procedures of the police in relation to their custody suite operations. The inquest concluded with no criticism of the client and with recommendations made to the Police Force on their future training and monitoring practices.
Ben undertakes the associated health and safety or other criminal trials that follow and in that way can offer continuity of representation to the client throughout the proceedings.
Ben also provides training sessions on inquest practice and procedure.
Crime
For over a decade Ben has been consistently recognised by the industry directories as a leader in his field. He enjoys a thriving practice, both prosecuting and defending.
Ben has particular expertise in large scale fraud cases, in particular, those that are linked to regulatory offending. He regularly represents parties in multi-handed fraud cases. At the core of his practice are an acute attention to his client’s best interests and a tireless commitment to his cases.
Twice nominated for Birmingham Law Society’s Barrister of the Year. He has been a Recorder of the Crown Court since 2016.
Contributing Editor for: ‘Consumer and Trading Standards: Law and Practice’, Jordans, 2013 to 2019.
He is the Deputy Head of the St Philips Regulatory Group and head of St Philips Chambers recruitment committee.
Fraud, Business and Financial Crime
Ben has substantial experience of both prosecuting and defending high value business crime. For over a decade Ben has been consistently recognised by the industry directories as a leader in his field.
He was junior counsel in the successful prosecution of a £23 million fraud conspiracy. He was one of a small team of expert Counsel who are instructed to prosecute ‘loan sharks’ nationally on behalf of the Illegal Money Lending Team for Consumer Credit Act offences, blackmail and money laundering.
He was junior counsel in what was described as the largest prosecution CPS York Casework Directorate have ever undertaken.
His particular expertise is in the process of large scale disclosure and distilling information into manageable documents to assist the jury in understanding complex financial evidence.
He has recently been instructed by the Environment Agency to prosecute a £1.5 million pound case of fraudulent trading.
Restraint and Confiscation
Ben has considerable experience of conducting confiscation proceedings for both the prosecution and the defence and the applications for restraint, variation or discharge which inevitably accompany them. He has acted and advised at all stages of these proceedings and in respect of associated forfeiture proceedings in the Magistrates Court.
He regularly delivers training sessions for both the prosecution and the defence on the evolving law and principles that govern these proceedings. Most recently in respect of the implications of R v Waya.
- R v K – successfully prosecuted a loan shark charged with 3 million pounds worth of POCA offences and blackmail.
Environmental
“Ben is very approachable, very flexible in his approach to instructions, and able to communicate effectively with clients. He is an excellent advocate, and his court manner and understanding of the law is excellent.” Legal 500 2024
Ben has been appointed to the Attorney General’s Unified List of Prosecuting Advocates in Health and Safety and Environmental Law since 2009. He has now appointed to their highest tier (Panel A). For over a decade he has been consistently recognised as a leader in his field by both Chambers and Partners and the Legal 500.
“Supremely organised, bright and a hugely impressive advocate.” Legal 500
“Conscientiously performs some sensationally good work.” Chambers and Partners
Environmental Law is a core part of Ben’s practice. He has advised and represented parties in the whole range of cases from organised industrial fly-tipping, to substantial permit breaches, unlawful waste operations and organised crime.
He has a national reputation for health and safety, complex consumer fraud and environmental crime. He has appeared in some of the leading cases in this field including:
R v Tata Steel [2017] EWCA Crim 70; R v Faltec [2019] EWCA (Crim) 520:
- leading authorities re sentencing large organisations with parent companies and assessing ‘likelihood of harm’.
EA v McIntosh [2019] EWCA Crim 231:
- sentencing environmental waste directors. Authority: relevance of assets to costs awards.
Twice nominated for Birmingham Law Society’s Barrister of the Year.
He has been a Recorder of the Crown Court since 2016.
He provides training to Environmental Law specialists.
Contributing Editor for: ‘Consumer and Trading Standards: Law and Practice’, Jordans, 2013 to 2019.
Reported Cases
WCC v Quami [2020] EWCA Crim 819: determination of ‘Harm’ in Fraud Sentencing Guidelines when targeting vulnerable consumers.
EA v McIntosh [2019] EWCA Crim 231 which addressed the sentencing of directors and the relevance of available assets to costs applications.
HSE v Faltec [2019] [2019] EWCA (Crim) 520 – addressed the operation of the sentencing guidelines and the ‘likelihood of harm’ factors.
R v Lear [2018] EWCA Crim 69 – defining guidance on the prosecution of partners and partnerships.
HSE v Tata Steel UK Ltd [2017] EWCA Crim 70 – defining case on the application of the Health and Safety Definitive Sentencing Guidelines to very large organisations.
HSE v Diamond Box Ltd [2017] EWCA Crim 1904 – defining case on the application of the Health and Safety Definitive Sentencing Guidelines dealing with the assessment of ‘likelihood of harm’.
Junior Counsel in R v X [2013] EWCA Crim 818, the leading authority on the CPUT Regulations 2008 and the application of recklessness to corporate entities.
Instructed in leading sentencing case for illegal money lending: R v Dixon [2012] 2 Cr.App.R.(S)100.
Dudley MBC v Arif [2011] [2012] R.T.R. 20; [2012] A.C.D. 86- Ben represented Dudley MBC in an appeal by way of case stated from the Magistrates Court where the appellant had been acquitted of an offence of plying for hire contrary to the Town Police Clauses Act 1847 s.45. The issue related to whether the defendant could assert ‘mistake’ when the offence was one of strict liability.
Brett v DPP, Queens Bench Division of the High Court, [2009] 1 W.L.R. 2530 – Ben represented the DPP in this appeal by way of case stated which related to the admissibility of hearsay evidence served under s 16 of the Road Traffic Offenders Act 1988.
Education
BA (Hons) in English and Philosphy at Birmingham University (2:1)
Diploma in Law at BPP Law School, Lincoln’s InnLaw Commission: Research Assistant 2000-2001
Appointments and Memberships
Attorney General’s Unified List of Prosecuting Advocates (Panel A)
Recorder of the Crown Court since 2016
Testimonials
“Ben has a relaxed and reassuring manner and cannot be fazed and is unflappable in court. He is collegiate and has very good working relationships with adversaries and benches and is a master tactician.” Legal 500 2023
“Ben always provides the highest quality advice in regulatory cases. He is very approachable and always responds without delay.” Legal 500 2023
“Ben Mills is very organised and handles complex voluminous information with ease. He provides comprehensive advice assessing the merits of a successful case.” Chambers & Partners 2023
“Ben is a specialist regulatory advocate.” Chambers & Partners 2023
“He is very quick on his feet; confident and highly persuasive.” Chambers & Partners 2023
“He is calm, measured, sensible and gets on well with his opponents.” Chambers UK 2022
“A good advocate.” Chambers UK 2022
“A very good barrister who knows his way around this area of law. He is calm, measured, sensible and gets on well with opponents.” Chambers UK 2022
“Ben has real insight into the mind of the Court. He is able to accurately predict when to push and when to hold some in reserve to achieve the best results for the client.” Legal 500 2022
“Supremely organised, bright and a hugely impressive advocate.” Legal 500 2020
“His approach immediately puts clients at ease.” Legal 500 2020
“An excellent choice for regulatory prosecutions.” Chambers UK
“A marvellous advocate.” Legal 500
“He’s very intelligent, always knows the briefs and the law and is respected by judges for that.” Chambers UK
“Conscientiously performs some sensationally good work.” Chambers UK
“Excellent with lay clients” and “very strong in court” Legal 500
“Advocacy is at the top of the list of his strengths – he engages with the judiciary and jurors alike.” Legal 500
“He has proved virtually unrivalled in his encyclopaedic knowledge and his excellent manner with clients.” Chambers UK
“He is approachable and committed. He is organised and responds quickly to queries, and is an awesome cross-examiner…He has a real commitment to the work, and shows incredible levels of preparation, and a delightful manner in dealing with juries.” Chambers UK
“Ben Mills is calm under pressure, a direct questioner and a clear thinker.” Chambers UK
“He’s brilliant with clients, very bright, down to earth and easy to work with.” Chambers UK
“A leading barrister with a national reputation for loan shark prosecutions.” Legal 500
