David Herbert QC is a specialist in criminal law. He is a formidable jury advocate, tactically astute and known for the pursuit of the fine detail of his cases. David’s work involves cases of murder and organised crime, particularly gang related shootings. He appears in the most serious cases of this type on the Midlands Circuit and is noted for his ability to handle the most sensitive and challenging cases, often with formidable quantities of telephone evidence and cell site analysis.
David is considered an expert in cases involving covert law enforcement and is adept at dealing with the sensitive issues that arise in such matters. He has significant experience in cases involving drug importation / supply, money laundering and unlawful immigration on an international scale. Some of his cases have been amongst the largest investigations of their type and involved linked investigations abroad in places such as India, South Africa, the Unites States of America and Holland.
David appears in cases involving all aspects of sports discipline and regulation. He acts as a legal advisor to the Leicestershire RFU Constituent Body on disciplinary matters.
"A very confident advocate who doesn't miss a trick." "He is excellent - a real bruiser of a silk.""
- Serious Organised Crime (drugs importation / supply, unlawful immigration and terrorism)
- Serious Sexual Offending
- Criminal Appeals
- Disciplinary Work
Loss of Control
Appointments & Memberships
- Recorder of the Crown Court
- Criminal Bar Association
- Gray’s Inn
- Member of the British Association of Sports Law
R v Leicester Crown Court ex parte Pravin Govind Patel (2000) LTL 15/2/2000.
Judicial Review of the decision of the Crown Court to extend custody time limits (after an appeal by the Prosecution in respect of a decision by the Magistrates Court). The Divisional Court agreed that it was appropriate to extend the custody time limits to allow the police additional time to fully investigate the extent of the overall involvement of a crime group in the alleged offending (unlawful immigration into the UK and USA).
R v Patel (Sophia), Yusuf Mewaswala & others  EWCA Crim 67 & (2009) 2 Cr. App. R. (S.) 67.
The Court of Appeal (1) confirmed the maximum penalty in cases involving sentencing for offences charged under section 1A Criminal Law Act 1977, and (2) gave guidance as to a proper judicial approach when giving a “Goodyear indication”.
R v Asif Patel, Asif Bhikhi and others  EWCA Crim 1858.
The appeal related to the issue of “fresh evidence” following a retraction by a witness of his testimony at trial and the question of post-trial manipulation of witnesses who may, for one reason or another, be persuaded to assert after the event that their testimony at trial was untrue.
R v Burgess and Bell  2 Cr.App.R (S) 5 CA.
Serious Crime Prevention Orders. Matters the court should consider when making an order under section 76.
Legal advisor to the Leicestershire RFU Constituent Body on disciplinary matters.