
Overview
Deputy Head of Chambers.
Barry McElduff KC is an outstanding criminal advocate, appearing in cases of the utmost difficulty and gravity. He is a leading practitioner in complex and heavyweight cases with an emphasis on homicide and serious violence, serious organised crime and serious sexual offences.
Barry has a particular interest in cases involving substantial expert evidence with a focus on cases involving disputed evidence in relation to cause of death and/or serious injury (in particular in relation to infants) and cases involving contested psychiatric or psychological evidence.
Barry’s instruction remains in demand in silk for the most complex cases of rape and serious sexual offending. He is regularly instructed in such cases at an early stage (including pre-charge) where an investigation is confronted with particularly acute issues such as involving evidence from abroad or with other knotty jurisdictional issues.
Barry has been instructed by the International Justice and Organised Crime Division to prosecute cyber-crime cases involving attacks on the Pentagon and major banking institutions.
Homicide/Serious Violence
Recent/Ongoing Cases
- R v EV (Birmingham, January 2027)
Prosecuting Homicide. Extensive psychiatric evidence.
- Operation Yosa (Winchester, Autumn 2026)
Defending allegation of murder. Case involving complex issues regarding causation.
- R v IT (Winchester, Autumn 2026)
Prosecution of Octogenarian Defendant in ‘evidence-led’, i.e. without victim’s support, attempted murder allegation involving defence of insanity
- R v TF (Southampton CC, Ongoing)
Defending allegations of serious violence against elderly mother by defendant with deep seated delusional beliefs that his mother was sleeping with men for drugs
- Operation Duskfade (Central Criminal Court, Autumn 2025)
Prosecution 3 Defendant gang related attack of rival gang member with machetes and knives on Camden High Street. Case involved detailed consideration of gang affiliation evidence and the extent and use to which drill lyrics could be admissible to establish gang affiliation. All Ds convicted attempted murder
- Operation Greenbooth (Southampton CC, July 2025)
Defending (Leading Junior) allegation of manslaughter.
V died having suffered a ‘berry aneurysm’ that had resulted in a sub arachnoid haemorrhage shortly after a dispute with the defendant.
Trial involved complex pathological and neuropathological evidence regarding cause of death. Jury couldn’t agree verdict at 1st trial; Prosecution accepted basis of plea ahead of re-trial which resulted in almost immediate release of Defendant from custody
- R v BC (Portsmouth CC, June/July 2025)
Prosecuting BC for attempted murder, multiple rapes, threats to kill, perverting the course of justice-serious domestic abuse offending. D convicted all counts.
- R v Swain (Portsmouth CC, May 2025)
Defending in novel ‘did he do the act’ case where D prosecuted contrary to s4 of the Explosive Substances Act 1883.
- Operation Telstar (Winchester CC, June 2024)
Prosecution (Leading Junior) -Murder.
D sought to persuade Trial Judge that the partial defence of loss of control should be left to the jury; Barry successfully advanced arguments that the defence did not arise, defence not left to the jury. D convicted of murder
- R v MM (Southampton CC, Spring 2024)
Defending 15 year old with complex mental health issues charged with attempted murder having inflicted multiple blows to a member of the public when armed with a samurai sword that his mother had ordered for him on-line.
D was acquitted after trial.
- Operation Hibiscus (Winchester CC, Winter 23/24)
Defending allegations of murder, manslaughter and conspiracy to rob. Case involved complex cut-throat defences and trial of Barry’s client in his absence raising novel points of law.
- Operation SeaSpray (Southampton CC, May 2023)
Prosecution 4 Defendants charged with offences arising out of a multiple weapon attack outside a college in broad daylight. All Defendants convicted of involvement.
- Operation Nettle (Portsmouth CC, March 2023)
Prosecution (Leading Junior) of 2 Defendants arising out of the discovery of extensive life changing injuries to a 4 week old child. Case involved challenging catalogue of expert evidence. D1 convicted.
- R v Deader (Southampton CC, August 2022)
Attempted murder trial (Junior alone against Silk and Junior). Case involving contested psychiatric evidence as to the defence of insanity. D convicted.
Organised Crime
Recent/Ongoing Cases
- Operation Odinwave (Snaresbrook Crown Court, Spring 2027)
Prosecution of 20+ nominals involved in the onward sale of mobile phones stolen/snatched from members of the public in street thefts/robberies
- Operation Jaguar (Lewes Crown Court, January 2027)
Defending multi million-pound money laundering allegations
- Operation Striker (Southampton CC, Ongoing)
Representing lead Defendant in alleged large scale drugs conspiracy
- Operation Sander (Central Criminal Court, February 2026)
Prosecution (Leading Junior) of 14 nominals linked to an OCG involved in the theft of high value motor cars. All Ds convicted either at trial or by plea across two sets of proceedings in 2023 and 2026
- R v Gemma Kingsley (Swindon CC, Spring 2026)
Prosecution of romance fraudster who swindled multiple victims out of significant sums of money.
- Operation Tempest (Reading CC, Autumn 2025)
Prosecution (Leading Junior) of OCG involved in importation, wholesale supply and street supply of cocaine, heroin and cannabis. All 9 defendants convicted.
- Op Watching (Winchester CC. Autumn 2024)
Prosecution (Leading Junior) of OCG involved in a courier fraud targeting elderly victims by pretending to be police officers requiring public assistance preventing crime. All Ds convicted.
- Operation Juryman (Oxford CC, March/April 2024)
Prosecution (Leading Junior) Defendant charged with offences concerning the importation of drugs managed by the use of Encrochat devices. D convicted after trial.
- Operation Kijang (St Albans CC, Spring 2024)
Prosecution (Leading Junior)
18 Defendant conspiracy to defraud-complex car ringing offences. All ds convicted.
- Operation Swash (Southampton CC, Jan 2024)
Prosecution of 5 Defendants involved in a large scale cannabis importation facilitated by crypto currency transactions
- Operation Fulflood (Snaresbrook CC, February 2023)
Prosecuting (Leading Junior) gang of international jewel thieves responsible for a series of burglaries in which they obtained over £1million pounds worth of precious items
- Operation Jack-knife (Oxford CC, March 2022)
Prosecution (Leading Junior) of 7 Defendants for attacks on ATMs with explosives; by drag out and for the burglary of the National Horse Racing museum in Newmarket
- Operation Devisal (Snaresbrook CC, October 2021)
Defending large scale ‘county lines’ drugs conspiracy; Crown offered no evidence on eve of trial following submissions based on Modern Slavery Act defence
- Operation Furbo (Croydon CC, November/December 2021)
Prosecution (Leading Junior) Operation Trident investigation arising out of the discovery of 2 sawn off shotguns in a car involved in a serious road traffic accident
- Operation Delorean (Aylesbury CC, Summer 2021)
Leading Junior – Prosecution of OCG for the dismantling of stolen cars for onward sale to unsuspecting buyers
- Operation Jumpsuit (Oxford CC, March-April 2021)
(Leading Junior) – Prosecution 3 Defendants who were involved in a fatal road traffic collision en-route to committing a high value burglary of an antiques store in rural Oxfordshire.
- Operation Rate (Winchester CC, Autumn 2019)
(Leading Junior) – Defending in a complex and wide ranging drugs conspiracy that was in existence for over 14 months.
- Operation Suade (Winchester CC, September 2019)
Successful defence of a 15 year old charged with county lines drug dealing. Client accepted drug dealing but successfully mounted defence under the Modern Slavery Act that he was a victim of modern slavery.
- Operation Holms (St Albans CC, November 2018 – January 2019)
(Leading Junior) – Prosecuting serious ‘tit for tat’ violence on the streets of Bedford emanating from a disagreement between 2 warring drug gangs. The presentation of the case was made all the more difficult by the refusal of the victims to co-operate and fear preventing witnesses from making statements. Following an 8-week trial, 2 leading proponents of the ‘Mile Road Gang’ were sentenced to 15 years (extended by 3) and 14 years for nearly severing off the arm of a 16 year old member of the rival ‘K Block’ gang.
- Operation Daraga (Bournemouth CC, Jan 2017 – September 2018)
(Leading Junior) – Operation Daraga was a South West Regional Crime Unit investigation into a Liverpool based Organised Crime Group, who were involved in the trafficking of large wholesale quantities of crack cocaine and heroin from Liverpool down to towns in Dorset and Somerset for onwards distribution to lower-level drug dealers and users. The convicted defendants represented all levels of the conspiracy from the overall leader to local “commanders”.
- Operation Dogtooth (Winchester CC, Jan/Feb 2018)
(Leading Junior) – D charged with involvement in long running drugs conspiracy. Trial lasted 8 weeks and involved extensive phone evidence. Defendant acquitted all counts.
Serious Sexual Offences cases
- R v AW (Winchester CC, February 2027)
Prosecution of Octogenarian defendant for recent serious sexual allegations i
- R v AF (Portsmouth CC, November 2026)
Prosecution multi complainant case serious sexual allegations
- R v DC & SM (Swindon CC, June 2026)
Prosecution for serious sexual offences and child cruelty
- R v NT (Bristol CC, May 2026)
D convicted after trial of assault by penetration against highly vulnerable complainant
- R v Saeed (Snaresbrook CC, Spring 2026)
Prosecution (Leading Junior)
Waleed Saeed had ‘catfished’ 5 young Asian males. The ‘catfishing’ occurred on Snapchat; with the Defendant who was in his late 20s posing as either a teenager girl, teenage boy or a person with transgender identity. The Defendant would trick his victims into exchanging sexual images with him. Once obtained he would blackmail them for money or more sexual images and threaten to release their images online.
Such was the hold he had over his victims, one of them was forced to meet him in a park where he was raped on multiple occasions. Having pleaded guilty on the first day of trial to offences relating to 4 of his 5 victims, he was subsequently convicted by the jury in relation to the victim he had raped.
- Operation Morel (2024-2026)
Aka Jones and others
Prosecution
Jones had abused and encouraged the abuse of a number of children over a number of years through offending that took place in different parts of the country.
Three women that he had coerced and manipulated into engaging in child abuse were also prosecuted for their parts in the crimes.
Jones was given a total sentence of 34 years, which consisted of a custodial sentence of 26 years, with an extended licence period of eight years.
Barry McElduff prosecuted Jones and the other defendants across two sets of proceedings as part of an investigation known as Operation Morel. The investigation began in 2020 the abuse was reported by one of the victims when he became an adult, and enquiries identified further victims.
- R v JS (Winchester July 2025)
Defending
D acquitted of rape
- R v BB (Southampton CC, Sep 24)
Defending
D acquitted of multiple rapes and violence allegations. Case involved detailed consideration of 15,000 pages of messages between the parties served as unused material and careful deployment of material mined from the trawl of the material that significantly undermined the Prosecution case.
- R v HW (Portsmouth CC, July 2024)
Prosecution multi-complainant sexual abuse case
- R v JT (Portsmouth CC, May 2024)
Prosecution multi-complainant sexual abuse case involving complex jurisdictional issues regarding offences committed overseas
- R v RJ (Inner London CC, July 2023)
Prosecution of RJ for the rape of a sleeping passenger on a Piccadilly line train
- R v BF (Bristol CC, March 2023)
Defending (Leading Junior) Defendant charged with serious sexual offences against multiple complainants in a case involving complex evidential admissibility arguments. Mixed verdicts.
- R v Dinh (Winchester CC, July 2021)
Defending alleged group rape.
Following the complainant’s evidence the Crown accepted a plea to sexual assault and Mr Dinh received a suspended sentence of imprisonment.
- R v Cordery (Bournemouth CC, September 2020)
Prosecution knife point rape of schoolgirl.
- R v XY (Portsmouth CC, January 2020)
Prosecution female Defendant for sexual offences against her own children aged 2-10 years old. Appeal against conviction successfully resisted in the CACD: Regina v GR 2020 EWCA Crim 1742
Unusual/Novel cases
- R v Shah (Southwark CC, October 2020) – Prosecution of person alleged to have sent abusive and threatening emails to Theresa May and other political figures.
- Operation Suede (Winchester CC, November 2019) (led by Sally Howes K.C.) – Prosecution of man for the gross negligence manslaughter of his elderly mother for whom he failed to provide adequate care.
- R v Sean Caffrey (Birmingham CC, September 2017) – Prosecution of defendant who committed cyber-attack against the Pentagon.
Other notable cases
- R v Dalby [2012] EWCA Crim 701 – status of harassment warnings in bad character applications
- R v Hopkins and Priest (April 2010 – May 2011). In April 2010 Barry was instructed as a led junior in a three month trial which involved allegations of neglect of mentally incapacitated adults who were resident in a care home. Barry represented the owner of the care home. It was believed to be the first prosecution of its kind nationally. The case involved complex medical, physical, social care and other technical evidence in relation to a total of sixteen residents who it was said had been neglected. As well as dealing with criminal offences under the Mental Capacity Act 2005, this case also dealt with Health and Safety and regulatory issues. The Defendants’ convictions were subsequently quashed in Court of Appeal [2011] EWCA Crim 1513.
Appointments
In March 2018 Barry was appointed a Recorder of the Crown Court and in November 2019 was authorised to preside over trials of serious sexual offences.
In November 2025 he was appointed as a Judge of the Restricted Patient Panels of the Mental Health Tribunal.
In March 2026 he was appointed King’s Counsel.
News
Celebrating Barry McElduff KC
A wonderful time was had by 2KBW Members and staff on Friday evening at The Honourable Society of The Inner Temple in celebration of...
Romance Fraudster jailed – Barry McElduff KC prosecuted for the Crown
Model Gemma Kingsley, 50, of Beadnell in Northumberland, conned men into spending tens of thousands of pounds to fund her lavish lifestyle. Today she...
Barry McElduff sworn in as King’s Counsel
A proud day for the McElduff family on Monday 23rd March, when Barry McElduff was sworn in as King’s Counsel. Westminster Barry took his...
Barry McElduff and Phillip Allman prosecute ‘catfishing and sextortion’ case
Barry McElduff led Philip Allman in a trial in which the Defendant Waleed Saeed had 'catfished' 5 young Asian males. The 'catfishing' occurred on...
Operation Tempest: sentencing of key nominals – Barry McElduff led for the Crown
Operation Tempest was a South East Regional Organised Crime Unit [SEROCU] investigation into the criminality of an OCG based in the Slough/Hayes/Uxbridge areas that...
Predator jailed for manipulating women to abuse children – Barry McElduff appears for the Crown
On Friday 13th February Elliot Jones was sentenced to an extended sentence of 34 years at Winchester Crown Court following the conclusion of a...