Criminal
Ian Whitehurst is a highly respected and nationally recognised Leading Junior in criminal law, ranked in both Chambers and Partners and The Legal 500 for Serious and Organised Crime, Financial Crime, and POCA. He is regularly instructed in high-profile, complex, and sensitive trials involving homicide, drugs, firearms, sexual offences, and cyber-enabled criminality.
With over 30 years’ experience at the criminal Bar, Ian defends and prosecutes in some of the most demanding criminal litigation in the country. His cases often involve multi-defendant trials, EncroChat and digital evidence, covert policing, jurisdictional issues, and arguments relating to abuse of process, disclosure failures, or the exclusion of evidence.
He is especially sought after for major drugs conspiracies, gang-related homicide, and complex POCA litigation. He has a formidable appellate and advisory practice, regularly appearing in the Court of Appeal and advising on post-conviction issues involving secondary liability, PII, or lurid doubt appeals.
Ian brings a strategic mindset, meticulous preparation, and tactical insight to all stages of proceedings—from pre-charge through trial to appellate review.
Recent Work Highlights
- EncroChat Murder & Drugs Conspiracy – Led Junior for the Defence in a multi-handed case involving encrypted communications and covert surveillance.
- Police Officer Murder Trial – Led Junior for the Defence in a case involving complex causation and joint enterprise.
- £8 Million POCA Confiscation – Leading Junior Counsel in a multi-jurisdictional confiscation enforcement proceedings.
- Attempted Murder Defence – Sole junior in Crown Court trials involving multiple stabbings and psychological defences.
- Firearms Importation & County Lines – Acting for the Defence in cases involving NCA-led firearms trafficking and regional drug distribution networks.
- Cybercrime Prosecutions – Defence in cases involving malware distribution and unauthorised access under the Computer Misuse Act.
Appellate and Strategic Advisory Work
Ian has appeared in multiple reported decisions, and is frequently instructed post-trial by new counsel in appeals or case-stated proceedings. His appellate work includes:
- R v S [2019] EWCA Crim 569 – Successfully challenged revised confiscation order involving PII.
- R v M – Appeal against conviction for attempted rape based on a “lurking doubt”; conviction quashed and retrial ordered.
- R v T – Advice on murder appeal concerning secondary party liability and jury directions.
He also advises on criminal and regulatory matters with international dimensions, including requests from the National Crime Agency, SFO, and cross-border enforcement agencies.
Criminal Cases
Serious and Organised Crime
Current Cases:
- Instructed as Led Junior for the Defence in leading EncroChat case involving allegations of conspiracy to murder and conspiracy to supply Class A drugs
- Instructed as Led Junior for the main defendant a in multi handed murder
- Instructed as Leading Junior Counsel in £8 million confiscation case
- Instructed to defend as sole junior counsel in attempted murder of a vulnerable individual
- Instructed to defend as sole junior counsel in attempted murder arising from a road rage incident
- Instructed to prosecute an attempted murder where the the defendant has stabbed her for former partner on several occasions
- Instructed as sole junior counsel to defend in fatal due care prosecution
- Instructed as sole junior counsel to defend in £1/3 million trade mark case
- Acting for the Defence in a large scale importation of firearms from the Netherlands into the UK
- Acting for the Defence in a “county lines” drugs conspiracy relating to the supply of Class A drugs from the North West to East Anglia
- Acting for the Defence in a conspiracy to supply Class A drugs from Merseyside to Cumbria
Recent Cases:
- Represented successfully a security agent of an Eastern European country in investigation into allegations of misfeasance in public office
- Represented a defendant in a large scale drugs conspiracy asserting the defence of modern slavery and successfully obtained a suspended sentence of imprisonment for the defendant
- Defending in an attempted murder trial arising from a domestic dispute
- Prosecuting an attempted murder arising from a family dispute
- Representing a juvenile with severe mental health and educational needs in the Youth Court who is accused of raping his younger sibling
- Defending in a serious case of conspiracy to commit a s18 wounding
- Defending in a multi handed drugs conspiracy involving abuse of process application to be advanced on the defendant’s behalf
- Representing a defendant in historical sexual abuse case against family members
- Representing a defendant in large scale tobacco smuggling case
- Representing a defendant in a SIA regulatory prosecution for providing allegedly unlicensed security services to the hospitality industry
- Prosecuting multi handed drugs conspiracy based in Cheshire
- Acting for a solicitor accused of serious criminal and professional misconduct
- Prosecuting an OCG involved in the kidnap and torture of an individual
- Acting as Led Junior for the Defence in a murder involving complicated medics issues concerning the cause of death
- Acting for the defendant in an attempted murder against a serving police officer (Crown Court and Court of Appeal)
- Acting as Led Junior for the Defence in a murder involving issues surrounding joint enterprise
- Acting for the Defendant in a historical sexual abuse case involving three complainants
- Acting for the same Defendant in three large scale drugs conspiracies
Cases of Note:
- R v RS – Acting as Led Junior for the Defence in the murder of a policeman
- R v LH – instructed as Leading Counsel for the main defendant in a £9 million conspiracy to supply Class A drugs throughout the North of England and Scotland.
- R v DS – instructed as Leading Counsel to prosecute a multi handed fraud case involving substantial breaches of trust by former employees and the managing director of the company. Sus involved in excess of £1 million.
- R v CS – instructed to prosecute a defendant accused of possessing a substantial quantity of Improvised Explosive Devices (IEDs) connected to criminal gang activity.
- R v G – Acting for the Defence in a major investigation by National Crime Agency (NCA) into organised crime group (OCG) based in Merseyside involved in nationwide supply of Class A drugs. The case involves extensive covert intrusive surveillance against the OCG.
- R v LT – instructed as prosecuting leading junior to prosecute large scale drug dealing activity in South Liverpool
- R v JA – represented a defendant charged with money laundering offences arising from a trading standards prosecution into the sale of live streaming kodi boxes over the internet. The prosecution was predicated upon the commission of trade mark offences being committed via the sale of the boxes to customers which then allowed the prosecution to allege that the proceeds of the sales was criminal property. The defendant received a suspended sentence of imprisonment.
- R v TG – successfully represented a former employee accused of hacking into the email accounts of his former employer and stealing copyright protected material. The defendant was formally acquitted of all charges under the Computer Misuse Act.
- R v GM – represented a defendant accused of selling malware over the internet commercially to bring down websites based here in the U.K. and the United States. The defendant was prosecuted by the National Crime Agency and received a suspended sentence of imprisonment.
Criminal and Regulatory Appeals
- R v C – instructed as sole junior counsel [not trial counsel] to advise on the prospects of an appeal against a historical murder conviction.
- R v T – instructed as Led Junior Counsel to advise on the prospects of an appeal against conviction in relation to a murder involving issues surrounding the role of a “secondary party” and the appropriate legal directions to be given to the jury.
- R v M – instructed to challenge via case stated to the Administrative Court a decision by the Magistrates Court to convict a defendant in his absence of violence offences.
- R v X – instructed as sole junior counsel to conduct an appeal against conviction in relation to an offence of wounding based on the inadequacies of the former advocate at trial.
- R v Z – instructed to challenge via judicial review the conditions a prisoner was held in whilst serving his sentence.
- R v M – instructed as sole junior counsel (not trial counsel) to seek to challenge a conviction for attempted rape on the basis of a “lurking doubt” in the evidence. Conviction quashed and re – trial ordered.
- R v D – instructed to represent a defendant in relation to a judicial review and subsequently case stated proceedings arising from a firearms certificate appeal.
- R v S – instructed as sole junior counsel to conduct an appeal against the imposition of a revised confiscation order which involved issues surrounding Public Interest Immunity (PII) due to the importance of the case it is a reported decision and can be found at R v S [2019] EWCA Crim 569, [2019] All ER (D) 44 (Apr).