Year of call 1998

David Webster

Practice Areas
Crime

Summary

David is a specialist in Criminal advocacy and advice.  A former solicitor advocate [1991], he was called to the Bar in 1998.  He both prosecutes and defends in serious crime.

He is an accomplished academic lawyer and a creative, persuasive advocate.  He is a member of the CPS General Crime and RASSO panels.  His practice is largely on the Midlands Circuit, including Derby, Nottingham and Lincoln. 

David has appeared as Junior to King’s Counsel in several cases of murder, rape and conspiracy to supply drugs.  His leaders have included Lord Justice Jeremy Baker; The Recorder of Sheffield, HHJ Richardson KC; HHJ Kelson KC, HHJ Tim Spencer KC and HHJ Shaun Smith KC.

David has appeared as Leading Junior in cases of fraud and modern slavery.

He was a former Head of Crime at Chambers in Sheffield.

David is well-known for his imaginative approach to cross-examination and highly effective conversational closing speeches.  He argues points of law in an elegant and eloquent style; focused, well researched and effective.

David is highly valued by his lay clients.  He adopts a teamwork approach, both when prosecuting and defending, with the client right at the heart of decision-making.  He has a substantial number of repeat clients.

David is a former external tutor in Criminal Law and Procedure for the Institute of Legal Executives.  He is accredited by the Middle Temple as a pupil supervisor.

Away from work David is a shareholder and supporter of Sheffield United.  He plays golf with admirable enthusiasm but no cigar. He enjoys drama, music, and art.  He savours fine dining, red wine and real ale.  He has a wife, two daughters [the elder a barrister] and a Border Russell named Harvey who causes him the least trouble of the four.

“I have been instructing David Webster for over 15 years. David plays a key role in our defence team. He is happy to help from the simple lesser offences to those that are complicated and difficult.

His skill as an advocate, legal knowledge and Court room presence is first class. He always goes the extra mile with all briefs sent to him and assists his instructing lawyers with advice and assistance in case preparation.

A powerful and forceful advocate who has a caring and empathetic approach to his work. He is most definitely a master of mitigation.”

Partner at Criminal Defence Firm

 

“David is a trusted expert on all aspects of criminal advocacy. His smooth and uncompromising style makes him a firm favourite with juries and judges alike. A fierce proponent of his clients’ cause, David is a just the sort of barrister you want in your corner.”

HCA at Criminal Defence Firm

 

“He prosecuted many of my cases.  He was incredibly thorough and committed.  He has a quiet voice but the courage of a lion.  A great guy to prosecute for you.

Retired Police Chief Superintendent

Murder & Manslaughter

David has been instructed as Junior Counsel for both the Crown and Defence in several murder cases.  He has also both prosecuted and defended as sole counsel in cases of attempted murder.

R v Simmonds [2011] Nottingham Crown Court

https://www.bbc.co.uk/news/uk-england-derbyshire-15211530

R v Griffiths (and Lockhart) [2014] Nottingham Crown Court.

Defence Counsel for vulnerable female charged with murder as an accomplice to the primary offender.  Not Guilty verdict following plea to lesser offence of Attempting to Pervert Justice.

https://www.bbc.co.uk/news/uk-england-derbyshire-26291420

R v Walker [2015] Derby Crown Court

Sole defence counsel for one of two teenagers indicted with two counts of Attempted Murder. 

https://www.briefreport.co.uk/news/derby-teenager-admits-stabbing-soldier-in-vicious-and-brutal-street-attack-3492447.html

R v D [a youth] and Others [2022].  Newcastle Crown Court and subsequently Court of Appeal [Criminal Division].  Defence Junior Counsel, together with Nigel Edwards KC for teenage junior soldier, charged with murder.  Multi-Defendant trial of 7 weeks duration.  Forensic Footwear analysis a major issue.

Danny Humble case: Ex-junior soldier denies inflicting fatal stamp – BBC News

R v Church [2023] Lincoln Crown Court.  

Defence Junior Counsel, together with Nigel Edwards KC.  G plea to murder on overwhelming evidence.  Subsequent appearance before Warwick Crown Court as a witness on an application to vacate plea.  Described by Judge as a ‘compelling’ witness.

Vincent Markham death: Man admits Spalding murder – BBC News

R v MacPhail [2024].  Newcastle Crown Court.

Defence Junior Counsel. The Hexham murder of 15-year-old Holly Newton by 16 year old Logan MacPhail.  Led by Nigel Edwards KC.  Issues of fitness to plead, diminished responsibility, autistic meltdown.  The case attracted national media attention.  It is one of the cases that inspired Stephen Graham to write the well-known drama ‘Adolescence’.

Holly Newton murder: ‘Jealous’ ex-boyfriend detained for life – BBC News

Hexham murder: Teen Logan MacPhail ‘filled with jealousy’ jailed for stabbing ex-girlfriend Holly Newton to death | The Independent


Sexual Offences

David is frequently instructed in cases of rape and other serious sexual offences.  He is experienced in historical cases, including multiple victim cases and those involving child witnesses.  He has extensive experience in dealing with vulnerable witnesses, having worked with Intermediaries for both Crown witnesses and defendants.  He has also accepted instructions in a number of rape cases featuring issues of incapacity through intoxication. He has conducted numerous S28 hearings.

R v Swindin [2016] Nottingham Crown Court

https://www.chad.co.uk/news/notts-woman-started-sexual-relationship-with-teen-boy-after-marriage-breakdown-1-7811251

Defence Counsel for young mother who pleaded guilty to sexual activity with local teenager.

R v Wood and Others [2018] Derby Crown Court

https://www.bbc.co.uk/news/uk-england-derbyshire-43350457

Defence Counsel for one of four Chesterfield bus drivers accused of serious sexual activity with an obsessive, vulnerable teenager.  Client was one of three defendants  found Not Guilty.

R v Titterton [2018] Derby Crown Court

Defence counsel for D acquitted by jury – Assault by penetration of child family member.

R v Adamson [2018] Derby Crown Court

Defence Counsel for Latvian man acquitted by jury of Assault by Penetration and Threats to Kill.

R v Bannister [2018] Shrewsbury Crown Court

Defence Counsel for D acquitted by jury of historical indecent assaults, dating back to 1983, on two child family members.

R v Atkinson [2022] (Father Terry) Lincoln Crown Court.

Sole Prosecuting Counsel.  Part of Operation Redstone and the only case to proceed to trial by jury.  D convicted of historical Child Sexual Abuse of multiple young and vulnerable boys.  10-day trial.  D sentenced to 10 years imprisonment.

Former priest sentenced for historic sexual assaults on boys | Lincolnshire Police (lincs.police.uk)

R v Thomason (aka Groves) [2023].  Lincoln Crown Court

Sole Prosecuting Counsel.  Former RAF Wing-Commander convicted after trial by jury of Child Sexual Abuse offences.  Sentenced to 3 years imprisonment.

Former RAF Cranwell wing commander jailed for child sex offences – BBC News

R v Higton [2024] Derby Crown Court.

Sole prosecuting counsel.

D convicted by jury after lengthy trial.  Historical case involving multiple victims of different generations. Sentenced to 30 years imprisonment as an offender of particular concern.

Derbyshire paedophile who caused “unimaginable damage” jailed for 28 years


Drugs

David frequently receives instructions in multi-defendant drugs conspiracy cases, notably in Derby, Nottingham and Stafford. He is experienced in cross-examination of police drug experts and forensic scientists.  He has conducted numerous Proceeds of Crime Act enquiries and acted for defendants in opposition to the making of Serious Crime Orders.  

R v Hamilton [2021] Teesside Crown Court.

Defence Junior Counsel with Nigel Edwards KC.  Multi-defendant drugs/firearms conspiracy.  D found Not Guilty by Jury after trial. 


Road Traffic & Motoring

David has both defended and prosecuted cases of causing death or serious injury by dangerous driving.  He represented the Championship footballer Jordan Robertson at Leicester Crown Court.

Sheffield United striker Jordan Robertson handed 32-month jail sentence after admitting causing fatal car crash | Daily Mail Online


Other

Modern Slavery and Human Trafficking

R v Ainars Pelcis and Others [2018] Nottingham Crown Court

https://www.bbc.co.uk/news/uk-england-derbyshire-46126150

Leading Junior for the first D [the “Gypsy Baron”] in an 11-defendant trial.  Allegations of Conspiracy to traffic vulnerable victims from Latvia and subject them to forced labour and exploitation.

Concealment of Body

R v Griffin [2021] Lincoln Crown Court

https://www.bbc.co.uk/news/uk-england-lincolnshire-44910848

Prosecution Counsel – Rarely prosecuted common law offence of Preventing the Decent Burial of a Corpse.  Succeeded in written submissions opposing application to dismiss.  Court substantially assisted by comprehensive sentence note.  Sentenced to 21 months imprisonment.

Contact David

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