Rebecca Herbert has an extensive criminal practice, and prosecutes and defends in the most serious cases, involving murder, manslaughter, rape, sexual abuse, fatal road accidents and serious violence in addition to organised crime and fraud.
She is a very well-regarded expert counsel in cases involving sexual offences, and has defended and prosecuted cases where allegations of rape have been made by children as young as 4. She frequently provides pre-charge advice to the prosecution, including one resulting in a very high profile police investigation into the activities at a privately run care home, and has advised upon charge in many complex cases alleging rape and sexual abuse.
Rebecca has been required by the CPS to review charge advice in extremely sensitive cases, including involving an allegation of rape where the prosecution approach was queried in Parliament. She is a Grade 4 prosecutor, and has considerable ability in dealing with vulnerable witnesses, defendants and complainants.
She has considerable experience in dealing with cases involving complex expert evidence, including alleged “baby shake” and the transmission of HIV, and has acted for both the Crown and the defence in allegations of wrongdoing under the Mental Capacity Act 2005.
Rebecca has a keen interest in Disciplinary proceedings, particularly involving the police, and was appointed Chair of the Police Appeals Tribunal in 2016. She has successfully represented police officers accused of serious misconduct at disciplinary hearings and is keen to develop her work in this area on behalf of the Police Federation.
Rebecca has built upon her extensive experience in sexual offences in the Crown Court and has accepted instructions in cases involving claims for damages for sexual abuse. In 2016 she successfully defended a civil action alleging clinical negligence and sexual abuse by a CAMH worker.
She is registered to accept Direct Access instructions, and is a CEDR accredited mediator.
"She is very stylish, very approachable and liked very much by clients and opponents." "Very bright and very able."
Recent work: Defended Luke Harlow in a trial for various counts of grooming, sexual activity and false imprisonment in relation to a 15-year-old who was subsequently murdered by the co-defendant."
Appointments & Memberships
- Recorder of the Crown Court (2016)
- Chair of the Police Appeals Tribunal (2016)
- Elected member of Criminal Bar Association Executive
Rebecca has an extremely busy practice both defending and prosecuting in cases involving serious allegations. She is known for her attention to detail, pro-active case management, and grasp of complex issues, particularly where expert evidence is involved.
Currently instructed for trial in ongoing cases involving offences of rape, historic child sexual abuse and offences contrary to s44 Mental Capacity Act and Health and Safety legislation.
Rebecca has also recently been instructed by the CPS in organised cybercrime cases Operation Peculis and Operation Integra, the latter involving cybercrime offences against high profile government officials and Intelligence agencies networks in the USA.
Rebecca is instructed by the East Midlands Complex Crime Unit as prosecution counsel for Operation Equinox. Op Equinox is one of the largest ever police inquiries into historical abuse of children in care and has a dedicated team of officers from Nottinghamshire Police investigating cases going back over 50 years.
R v Gathercole (2018) (Op Equinox)
Obtained conviction following trial of a residential care-worker responsible for rape and sexual abuse of girls in care in Amberdale Observation and Assessment Unit in the 1980s. Sentenced to 19 years imprisonment.
R v C (2018) Nottingham (Op Equinox)
The Defendant was convicted following a trial of 15 counts of child sex abuse, including buggery, relating to offences he committed against two young boys, when he himself was a teenager in the early 1990s. Sentenced to 15 years imprisonment.
R v Bamkin (2018) (Op Equinox)
Obtained conviction of residential care worker responsible for sexual assault on a young boy resident at Amberdale Observation and Assessment Unit in 1980s. Sentenced to 30 months imprisonment.
R v Pick (2017) (Op Equinox)
Obtained conviction following trial of residential care worker responsible for sexual abuse of a boy in care in Beechwood Children's Home. Sentenced to 6 years imprisonment.
R v E (2018)
Obtained the acquittal of university student accused of raping his girlfriend. Defendant of good character, Judge commended defence team for the considerable work carried out to show that the Defendant should be completely exonerated.
R v Grundy (2018)
Obtained conviction following trial of woman accused of serious sexual offences committed against two children. Sentenced to 22 years imprisonment.
R v Hussain (2018)
Obtained conviction following trial of serving Leicestershire firearms officer accused of sexual assault on teenage girl. Sentenced to 7 years imprisonment.
R v Nyary (2018) (Nottingham)
Successful prosecution of a doctor for fraud and forgery offences relating to his practising certificate
R v Smith and Coull (2017) Leicester (Operation Atrium)
Obtained convictions under Health and Safety Act in respect of near drowning incident at a school for the disabled.
Rebecca is currently instructed in several cases where the charge is murder, both on behalf of the defence and by the prosecution.
Operation Headsail (Nottingham) 2016
Instructed by Crown as led junior in case alleging death of an infant in “shaken baby” case
Op Pelfray (Leics) 2015
Instructed by Crown as led junior in case alleging murder. D convicted after trial
R v Moran (B’ham) 2015
Instructed by Crown as led junior in case alleging murder. D convicted after trial
Instructed in Operation Hobbit (Nottingham) 2016
To prosecute a trial involving the death of an inmate in prison
R v Denney and others (Northampton) 2015
Instructed by defence in case alleging joint enterprise manslaughter. Succeeded in obtaining dismissal of manslaughter and violent disorder at trial, D pleaded to s4 POA and received a conditional discharge
R v Uzzell (N’thants)
Currently instructed by defence in very serious s18 “baby- shake” prosecution
R v Burton (Northampton) 2014
Successful prosecution of trial of Defendant charged with s18 “baby-shake” who had caused subdural haemorrhage to infant. Defendant represented by leading counsel; trial involved contested complex expert evidence of consultant neuroradiologists, paediatricians and opthalmologists.
R v ******** (Leics) 2013
Successful prosecution of trial of Defendant who had transmitted the HIV virus. Evidence included that of world experts in virology. Commended by trial judge for her conduct of difficult trial, which was complex both factually and scientifically.
R v Nethercott (Leics) 2013
Successful prosecution after trial of Defendant charged with s18 following catastrophic head injuries to victim following single punch. Arguments by defence re abuse of process and dismissal of indicted s18 successfully resisted.
R v Cramp (Leics) 2013
Successful defence at trial of care home manager accused of offences under the Mental Capacity Act 2005. Co-Defendant convicted.
R v Birch (Leics) 2012
Defence of mother charged with neglect resulting in death of child. Guilty plea, but very powerful and well-presented mitigation resulted in non-custodial sentence.
Operation Embargo (Northampton) 2014
Successful prosecution of 6 handed commercial burglary conspiracy, a case which involved a large scale police investigation into numerous commercial burglaries, and where there was extensive cell site evidence
R v Bancroft (Operation Hornet)
Instructed as led junior in large (over 100,000 ppe) fraud involving HBOS, tried at Southwark in 2016/2017
Currently instructed by International Justice and Organised Crime Division in Operation Peculis, involving cyber-fraud and money laundering
Currently instructed by both defence and the Crown in numerous cases involving allegations of rape and sexual abuse and is instructed by the Crown in Operation Equinox, a large ongoing police investigation into multiple claims of historical child abuse in Nottinghamshire Care homes.
Has had conduct of many trials over the last few years, the following is only a small selection
R v Billson (Leics) 2015
Instructed by defence in historic rape allegation involving the child Complainant. D acquitted after trial.
R v McGinley (Leics) 2015
Successful defence of man charged with rape of a child
R v Mahoney (Leics) 2015
Successful prosecution at trial of man involved in sexual assaults upon school age children
R v H (Northampton) 2014
Successful prosecution of allegations of serious sexual abuse, some historic, against 4 victims, one of whom had serious learning difficulties and physical disabilities
R v M (Northampton) 2014
Successful prosecution following trial of high profile case involving Iman who had sexually assaulted his pupils. This case was conducted largely through interpreters, and was particularly sensitive due to the tensions raised by the allegations in the local community
R v H (Lincoln) 2014
Successful prosecution of trial of young Defendant charged with rape of 4 year old
R v BW (Northampton) 2014
Successful prosecution of historic child abuse, cruelty and rape allegations involving 2 victims. 15 count indictment