Stephen Bailey has a broad practice in criminal law, sanctions, public international law and arbitration, extradition, public law and commercial law.

Stephen has an expertise in INTERPOL. He is a co-author of the leading text on INTERPOL, The Legal Foundations of INTERPOL (Hart Publishing, 2020), advises States on INTERPOL matters, and has successfully acted for more than 40 individuals before the Commission for the Control of INTERPOL’s Files.

Stephen’s current instructions include: acting for a Russian national in his sanctions designation challenge under the Sanctions and Anti-Money Laundering Act 2018 (with Hugo Keith KC and Rachel Scott); acting for a UK national in her sanctions designation challenge under the Sanctions and Anti-Money Laundering Act 2018 (with Hugo Keith KC and Rachel Scott); representing before INTERPOL an ultra-high-net-worth Russian national wanted by Ukraine for an alleged breach of national security (with Hugo Keith KC and Rachel Scott); representing before INTERPOL a US national wanted by Mexico for alleged child abduction; representing before INTERPOL an ultra-high-net-worth Indian national wanted by Iran for alleged fraud and money laundering; acting in the Crown Court on behalf of an individual accused of misconduct in public office; and acting in the Crown Court on behalf of an individual accused of data protection offences.

Before joining Three Raymond Buildings, Stephen qualified as a solicitor-advocate and worked at a leading US law firm and a specialist public international law firm. He also taught contract law at the University of Cambridge and public international law, criminal law and public law at the University of Edinburgh.

Legal Expertise

Crime overview

Stephen taught criminal law at the University of Edinburgh.

He has prosecuted and defended in cases involving a range of offences.

Stephen is well-placed to act in white collar crime matters. He has acted for a US investment bank in connection with a US Department of Justice investigation into the hiring of family members of high-ranking foreign officials in China, and a US real estate firm in connection with a regulatory investigation linked to Petrobras.

INTERPOL overview

Stephen has successfully acted for more than 40 individuals before the Commission for the Control of INTERPOL’s Files (including ultra-high net worth individuals and politically exposed persons).

He has also advised on membership of INTERPOL, the suspension of members from access to the INTERPOL Information System, and on the privileges and immunities of INTERPOL and its officials.

Stephen is a co-author of the leading text on INTERPOL, The Legal Foundations of INTERPOL (Hart Publishing, 2020). He was a Visiting Fellow at the Lauterpacht Centre for International Law, University of Cambridge and a Visiting Researcher at King’s College London, where his research focused on INTERPOL. He has also lectured at All Souls College, University of Oxford on ‘INTERPOL and the Responsibility of International Organisations’.

Extradition overview

Stephen has appeared in Westminster Magistrates’ Court on behalf of requested persons.

He assisted Clair Dobbin KC in United States v Assange; Suceava District Court, Romania v Marian Gurau [2023] EWHC 439 (Admin); and R (Chappell & Ors) v Secretary of State for the Home Department [2022] EWHC 3281 (Admin). Stephen also assisted Rachel Scott in United States v Berko.

Sanctions

Sanctions overview

Stephen has acted on behalf of individuals challenging UK sanctions and EU restrictive measures, and he has advised corporates and individuals on compliance with UK sanctions and EU restrictive measures.

His experience includes acting for individuals challenging their designations under the Sanctions and Anti-Money Laundering Act 2018, advising corporates and individuals in connection with the Russia (Sanctions) (EU Exit) Regulations 2019 and the Global Anti-Corruption Sanctions Regulations 2021, and advising corporates and individuals on EU restrictive measures taken in respect of Iran and Venezuela.

Public International Law & Arbitration overview

Stephen has an expertise in public international law (which he taught at the University of Edinburgh). He is particularly well-placed to act for investors and States in investment treaty disputes involving criminal allegations.

Stephen’s public international law and arbitration experience includes:

  • acting for the former President of INTERPOL, Hongwei Meng, and his family in an arbitration against INTERPOL (Ge Gao, Hongwei Meng, Zihong Meng and Ziheng Meng (China) v INTERPOL (PCA Case No. 2019-19)) and in related proceedings;
  • acting for a FTSE 100 company in an arbitration at the Permanent Court of Arbitration;
  • conducting negotiations with a State on behalf of an investor pursuant to the 2009 ASEAN Comprehensive Investment Agreement;
  • acting for a former Minister of Finance in a communication before the United Nations Human Rights Committee;
  • advising a Minister of Tourism, Economic Development, Investment and Energy on the immunity and inviolability of State property;
  • advising a politically exposed person on potential breaches of Article 36 of the 1963 Vienna Convention on Consular Relations;
  • advising a State on how to obtain sui generis cooperation with an international organisation on the basis of the organisation’s internal rules and procedures; and
  • advising an individual on the process of accreditation to the International Maritime Organization.

Public Law overview

Stephen taught public law at the University of Edinburgh. He is a member of the Attorney-General’s ‘Junior Juniors’ Panel Scheme.

Stephen assisted Clair Dobbin KC in judicial review proceedings brought by a global financial brokerage business in respect of the decisions of Southwark Crown Court to issue two search warrants and the execution of those warrants by HM Revenue & Customs.

Commercial Law overview

Stephen taught contract law at the University of Cambridge and worked at a leading US law firm.

His experience includes advising a French sugar producer in relation to alleged breaches of contract flowing from a merger with a UK sugar supplier, and advising an oil and gas company on a court-sanctioned merger.

  • University of Cambridge, Master of Law (LLM), First Class (2013)
  • University of Edinburgh, Bachelor of Laws (LLB), First Class (2010)

Scholarships & Prizes

  • Leonard Coling Scholarship, University of Cambridge (2013)
  • Wright Rogers Law Scholarship, University of Cambridge (2013)
  • Evan-Lewis Thomas Law Scholarship, University of Cambridge (2013)
  • Gilchrist Prize, University of Edinburgh (2010)
  • Gilchrist Prize, University of Edinburgh (2009)
  • “Membership of INTERPOL”, EJIL: Talk! (blog of the European Journal of International Law), 28 July 2022
  • “Does INTERPOL have a role to play in the conflict in Ukraine?”, EJIL: Talk!, 4 March 2022 (co-author)
  • The Legal Foundations of INTERPOL (Hart Publishing, 2020) (co-author)
  • “The right to enter his or her own country”, EJIL:Talk!, 23 June 2020 (co-author)
  • “When is it permissible to deny access to a lawyer during a first interview? Cadder re-visited in light of Ibrahim”, The Law of Nations, 5 April 2017 (co-author)
  • “Flexibility and dialogue at Strasbourg: a proposed path for the UK”, European Journal of Human Rights (2016) 423 (co-author)
  • “Article 21(3) of the Rome Statute: a plea for clarity”, 14 International Criminal Law Review (2014) 513
  • Attorney-General’s ‘Junior Juniors’ Panel Scheme
  • Crown Prosecution Service Panel (General Crime) Level 1
  • Sports Resolutions’ Pro Bono Legal Advice Panel

I, Stephen Bailey, am a data controller and can be contacted at 3 Raymond Buildings, Gray’s Inn, London WC1R 5BH or by telephone on 020 7400 6400 or by email at stephen.bailey@3rblaw.com.  My Data Protection Policy can be found on here.

All personal data that I process is for the purposes of providing legal services, conducting conflict-checks, marketing, defending potential complaints, legal proceedings or fee disputes, keeping anti-money laundering records, training other barristers and pupils and when providing work-shadowing opportunities, and/or exercising a right to a lien.  The types of data I process vary upon the nature of the legal matter in relation to which I am engaged to advise, but can include names, contact details, biographic details and ‘special category personal data’ (such as details of racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sex life and criminal convictions and proceedings).

Depending upon the circumstances of the case, the legal bases upon which I process personal data are (i) the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract, (ii) the processing is necessary to comply with legal obligations to which I am subject, or (iii) the processing is necessary for the legitimate interests set out above, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subjects which require protection of personal data, in particular where the data subject is a child.  When I rely on (iii) legitimate interests, my ‘Legitimate Interests Assessment’ can be found here.  When I process data which has not been obtained directly from the data subject (e.g. personal data contained in evidential materials), it will have been supplied to me as part of my instructions in circumstances covered by legal professional privilege.

Depending upon the circumstances of the case, I may share the personal data with:

  1. my Chambers, which supplies professional and administrative support to my practice;
  2. Courts and other tribunals to whom documents are presented;
  3. my lay and professional clients;
  4. potential witnesses, in particular experts, and friends or family of the data subject;
  5. solicitors, barristers, pupils, mini pupils and other legal representatives;
  6. ombudsmen and regulatory authorities;
  7. current, past or prospective employers;
  8. education and examining bodies;
  9. business associates, professional advisers and trade bodies.

I retain personal data for no longer than 7 years after the case has come to an end or as otherwise required by law.

I do not intend to transfer data to any country which is not either within the European Union, or otherwise permitted by UK data protection legislation.

Under the UK GDPR, data subjects whose personal data I process have the right to request from me access to, and rectification or erasure of, their personal data, the right to the restriction of processing concerning them, the right to object to processing as well as the right to data portability.  Data subjects also have the right to lodge a complaint with the Information Commissioner’s Office (ico.org.uk).

In cases where there is a contract between me and the data subject, the provision of personal data is a contractual requirement and the data subject is obliged to provide the personal data in order that I can supply legal services.  A failure to provide such data may mean that I will not be able to provide those legal services.

Rev 2.1 – 29.09.2023

Data Protection Policy

Legitimate Interests Assessment

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