brian full - Brian FitzHerbert

Brian FitzHerbert

Criminal Barrister
  • Year of Call
  • 2008

Criminal Law

CPS Panel Grade 4; RASSO Panel; Serious Crime Panel

Murder, Manslaughter and Non-fatal Violence:


Brian has appeared as a led junior in cases of murder and manslaughter. He also regularly represents the defence or the prosecution in cases of serious non-fatal violence. Recent cases have involved complex issues of causation and intricate disclosure issues in the context of organised crime.

Drugs offences and Organised Crime


Brian both prosecutes and defends in cases involving serious organised crime, largely those of the large-scale supply of drugs. He has appeared as prosecution counsel in large multi-handed operations both as a led junior and alone. He has represented those charged as part of county-lines drug supply conspiracies.

Serious Sexual Offences


Brian regularly defends and prosecutes in sexual offence trials including cases of Rape, Assault by Penetration and Sexual Assault. He has completed specific training on the cross-examination of vulnerable witnesses and has appeared regularly in cases involving Ground Rules Hearings and the use of intermediaries.

Fraud and Theft


Brian is regularly instructed by both the prosecution and defence in relation to offences of Fraud, Tax Evasion and serious Theft. He often appears in cases involving breaches of trust, vulnerable victims and disputed issues of capacity.

Robbery and Burglary


Brian represents both defendants and the Crown in cases of Robbery and other serious offences of dishonesty. He is familiar with issues commonly arising in such cases such  as expert forensic evidence.



Brian prosecutes and defends in confiscation matters, both contested and otherwise. He has appeared for both defendants and interested parties and, as prosecution counsel, has overseen proceedings from conviction to compensation order.

General Violence Against the person


Brian regularly appears in cases arising from all manner of violent incidents. He has acted for both the prosecution and the defence in cases of public disorder and late-night drunken violence. He is also regularly involved in cases of domestic violence including  controlling and coercive behaviour.

Parole Board, Prison Adjudications, Inquests and Enquiries and Police Disciplinary


Brian has drafted representations and appeared in hearings before the Parole Board as well as representing prisoners at adjudications. He has also advised and represented parties to Coroner’s Inquests.



Brian has appeared in both the Court of Appeal and the Administrative Court in appeals against both sentence and conviction. In particular he has appeared in two recent appeals by way of case stated relating to the admissibility of Res Gestae evidence in cases of domestic violence.

Biographical and Other Information

  • Academic
  • University of Cambridge, MA (Hons) History. City University London, Graduate Diploma in Law. Bar Vocational Course, BPP London
  • Scholarships (Lincoln’s Inn)
  • Lord Denning Scholarship. Buchanan Prize. Shelford Scholarship.
  • Memberships
  • Western Circuit. Criminal Bar Association.

Criminal Law team members