mcelduff

Practice area

Crime

Year of call: 2002


Barry McElduff is an experienced and constantly in-demand criminal practitioner.

He prosecutes and defends in equal measure and is regularly instructed by both sides in the most challenging of cases both as leading junior and on his own.

He is both a Grade 4 and RASSO approved Prosecutor and is regularly sought to appear in those sensitive cases.

He also has extensive experience in the handling of very vulnerable witnesses, as well as in the use of intermediaries to assist witnesses (including Defendants) in giving evidence.

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Barry’s defence practice encompasses the wide spectrum of criminal work, although it was in cases involving serious allegations of drugs supply or violence that he first made his mark, securing acquittals in a number of complex and difficult cases.

He is, for a number of solicitors, the counsel of choice in cases involving the analysis, marshalling and interrogation of complex phone based evidence.

He has also been instructed by the International Justice and Organised Crime Division to prosecute cyber-crime ‘computer-hacking’ cases involving attacks on the Pentagon and major banking institutions.

In addition to his busy practice amongst the junior ranks, he is regularly instructed as Junior Counsel in cases involving allegations of murder or manslaughter.

He has delivered seminars and lectures to both Prosecution agencies and defence lawyers, most recently providing training to a number of different CPS areas and police forces on charging and Indictments in complex cases of a sexual nature.

He has been regularly instructed to provide pre-charge advice to a number of different constabularies in RASSO areas in complex and challenging cases.


Recent Cases

2018 – ongoing

  • Operation Daraga (Bournemouth CC) – Leading junior for the Prosecution (leading Kaj Scarsbrook) of large scale class A drugs conspiracy involving 9 Defendants
  • Operation Dogtooth (Winchester CC) – Leading junior for the Defence (leading Rob Harding) in large scale class A drugs conspiracy involving 8 Defendants
  • R v A (Reading CC) – Leading junior for the Prosecution (leading Kaj Scarsbrook) in high profile rape allegation
  • R v H and others (Winchester CC) – Defending in 5 handed conspiracy to kidnap and GBH
  • R v K (Reading CC) – Prosecuting case involving brain injury inflicted upon a 10 week old baby
  • R v B (Southampton CC) – Defending in 3 handed aggravated burglary and S18

Sample of 2017 cases

  • R v SR (Southampton CC) – successful defence of allegations of gun attack on a sex worker
  • R v NR (Southwark CC) – successful defence rape allegation where primary issue was capacity to consent
  • R v FHS (Birmingham CC) – successful Prosecution attempted murder allegation arising from a stabbing in central Birmingham after a dispute between 2 youths
  • R v G (Basildon CC) – successful Prosecution attempted murder and GBH
  • R v T (Reading CC) – successful Prosecution of Defendant for causing serious harm to 3 month old child
  • R v Spence (Winchester CC) – successful defence of Defendant said to be the honey-trap in a case involving serious allegations of violence and kidnap
  • R v Sean Caffrey (Birmingham CC) – Prosecution of Defendant who committed cyber-attack against the Pentagon. A case in which HHJ Thomas Q.C. commended the clear way in which Mr McElduff opened a ‘complex and difficult case’.

Sample of 2016 Cases

  • Operation Teddy (Southampton CC, 2016) – successful defence of woman alleged to be part of a drugs gang running drugs in Southampton
  • Operation Kadenza (Southwark CC, 2016) – successful defence of man alleged to be the ‘trusted lieutenant’ to the main perpetrator of a multi-million pound ‘phishing’ fraud, the largest cyber-crime investigation conducted by the Metropolitan police
  • R v L (Reading CC, 2016) – Prosecution of a man alleged to have sexually assaulted a 96 year old woman in her own home. The complainant suffered from vascular dementia and had to be taken through her evidence (there was no pre-recorded interview) via a live link to her care home
  • R v H (Southwark CC, 2016) – Prosecution of a gunpoint robbery
  • R v L & others (Portsmouth 2016) – Prosecution of shoplifting gang (9 defendants) responsible for losses in excess of £100,000
  • R v O (Oxford CC, 2016) – Prosecution of sexual assaults upon a 5 year old complainant

2015

  • Operation Autovia (Southampton, 2015) – Secured acquittal of Defendant charged with multi-million pounds conspiracy to defraud – large scale VAT missing trader fraud
  • Operation Wedding (Winchester CC, 2015) – Defending large scale drugs conspiracy
  • R v H (Winchester CC, 2015) – Successful defence of man charged with sexual offences against multiple complainants
  • R v N (Portsmouth CC, 2015) – Successful defence in attempted murder case
  • R v P & others (Southampton CC, 2015) – Led by Simon Foster, prosecution of 7 males alleged to have been responsible for multiple rapes upon a very vulnerable victim

2014

  • R v M (Portsmouth CC, 2014) – successful defence of alleged ‘jilted lover revenge attack’ of assault by penetration
  • R v W & others (Portsmouth CC, 2014) – Secured the acquittal of the alleged courier in a multi-million pound amphetamine conspiracy. The case involved a haul of amphetamine said by Hampshire police to be the largest of its kind

Other Notable Cases

  • 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.
  • R v Dalby [2012] EWCA Crim 701 – status of harassment warnings in bad character application

Education

  • BA (Hons), Queens Belfast

Inn

  • Lincoln’s Inn (Lord Brougham Scholar 2001, Hardwicke Scholar 2002)