Andrew Herd

Call: 2015

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There are an impressive and well respected pool of advocates at this set.

Legal 500, 2022
Andrew Herd

Personal profile

Andrew Herd is an experienced barrister specialising in criminal, regulatory, and fraud law. He has particular expertise in Business Crime & Fraud cases, as well as Professional Discipline cases.

Andrew also has significant experience in proceeds of crime cases and can assist with civil issues such as contempt of court and cash forfeiture.

Andrew has achieved successful outcomes for clients accused of a wide range of serious allegations from dangerous driving to attempted murder. In addition, his experience prosecuting for the CPS and other agencies such as the Insolvency Service, and acting for regulators such as the BSB, GMC and Metropolitan Police gives him a deep understanding of case strategy, which enables him to represent clients effectively at all stages of a case or investigation.

Andrew holds an LLB (first class) and LLM (with distinction). He is a member of the CPS General Panel (Grade 3), a Specialist Fraud and Proceeds of Crime panel member, a member of the SFO panel, a member of the Civilian Stabilisation Group, and has previously contributed to the practitioner text, Arlidge and Parry on Fraud. He is qualified to undertake litigation as well as advocacy, and to accept direct access instructions in appropriate cases.

Business Crime & Fraud

Featured cases

  • R v PS – instructed as junior counsel to defend a company director against allegations of high value fraud against the Royal Mail.
  • R v JP – instructed by the Insolvency Service to prosecute a case involving dishonest non-disclosure during an application for an IVA.
  • R v JN – instructed by the Insolvency Service to prosecute a company director for concealment of property during bankruptcy.
  • R v RJ and others – instructed to defend a business owner against allegations of large-scale theft and money laundering.

Professional Discipline

  • Instructed to present on behalf of the GMC in cases involving issues such as drug addiction, violence, and patient death.
  • Instructed by the RCN in cases involving drug use and dishonesty.
  • Instructed to present on behalf of the BSB, currently appointed to the BSB Independent Decision-Making Body.
  • Instructed by Ofqual to advise on the results of their audits of awarding institutions.
  • Previously acted as legal adviser for Ofqual’s EPRS panel.
  • Instructed regularly in relation to police disciplinary matters.

Serious & Organised Crime

Featured cases

  • R v G – firearms, possession.
  • R v HE – conspiracy to supply firearms.
  • R v MS – instructed as junior counsel to defend a woman accused of modern slavery.
  • R v RH – instructed to defend in a high value multi-handed conspiracy to supply class A drugs case.
  • R v H – instructed to defend in a case involving possession of a large quantity of cocaine by a vulnerable individual.

Serious Violence

Featured cases

  • R v GS and CS – instructed to defend a father and son accused of wounding.
  • R v DH – instructed to defend a man accused of attempted murder and controlling and coercive behaviour.
  • R v HP – instructed to defend a man accused of arson with intent to endanger life.
  • R v CJ – instructed to defend a woman accused of stabbing a child.

International

  • Experience working on complex international fraud cases for the SFO and Jersey Prosecution office.
  • Experience delivering financial crime training programmes to the Oman public prosecution office.

Contempt of Court

  • DA v LBTH – instructed by the defence in a contempt of court appeal involving the imprisonment of a vulnerable woman suffering from a brain tumour.
  • OR v DB – instructed by the defence to defend a company director accused of contempt of the High Court.
  • MDA v SA – instructed to defend in a committal application brought by a company.

Road Traffic Offences

Featured cases

  • R v PW – “mechanical defect” dangerous driving case
  • R v S – accusation of careless driving causing an accident.
  • R v P – causing serious injury by dangerous driving.

Education

  • LLM by Research, University of Edinburgh, Distinction
  • LLB (Hons), University of Aberdeen, First Class

Awards

  • Harmsworth Scholarship, Middle Temple
  • Edinburgh Legal Education Trust, LLM by Research Scholarship

Professional appointments

  • CPS Panel Advocate (Grade 3)
  • CPS Specialist Fraud Panel Advocate (Grade 2)
  • CPS Specialist Proceeds of Crime Panel Advocate (Grade 2)
  • SFO, C Panel
  • Member of the Civilian Stabilisation Unit
  • Bar Standards Board, Independent Decision-making Body, barrister member

Memberships

  • CBA
  • ARDL

Publications

  • What New UK Money Laundering Law Means For Fintech, Law 360, June 2021
  • Arlidge and Parry on Fraud, 6th Edition, 2020, co-author
  • Arlidge and Parry on Fraud, 5th Edition, 1st Supplement, September 2018, co-author
  • Criminal Finances Act 2017, January 2018 update, co-author
  • Brexit and Money Laundering Regulation, April 2017, co-author
  • Book Review of Forbes: The Institutes of the Law of Scotland: Edinburgh Law Review, vol. 18, May 2014,pp 300 – 301