Brett Weaver

Barrister

Year of Call

2003

Profile

Brett is an experienced advocate who defends and prosecutes in a wide range of cases, primarily at Crown Court level. Brett’s calm and practical manner readily wins the confidence and trust of everyone he deals with, both at client-level and beyond. Diligent and thorough preparation ensures that his client receives the best quality representation at every stage of proceedings.

Brett has appeared in cases involving serious offences against the person, including homicide; terrorism-related offences; serious sexual offences; major and complex fraud; substantial drug importations and supply; robbery and other offences of dishonesty; and regulatory offences.

As well as advocacy, Brett is regularly involved in an advisory capacity, both in anticipation, and after commencement, of proceedings. Advisory work has related to large-scale document reviews of material arising from investigations in China and the Channel Islands.

Expertise

Homicide
Brett has extensive experience in relation to homicide cases, both prosecuting and defending, and often involving issues of legal and factual complexity.

Recent cases have included:

  • Operation Molar – junior counsel for the Prosecution in relation to allegations of conspiracy to murder, arising from a gangland shooting in which three people were injured, one fatally. The case spanned a total of three trials and involved expert evidence regarding telecommunications, DNA evidence, firearms and criminal gangs [Birmingham CC; January 2020 to July 2021]
  • R v Cumberbatch and another – junior counsel for the second defendant in relation to an allegation of manslaughter. The case involved complex issues of causation, the admissibility of earlier guilty pleas, and abuse of process [Central Criminal Court; March 2021]
  • R v Eccleston – junior counsel for the Prosecution in relation to an allegation of murder. The case involved complex issues of causation, admissibility of alleged confession evidence, and suicide pacts [Stafford CC; September 2019]
  • R v Hopkins and Docherty – junior counsel for the Prosecution in relation to an allegation of murder and subsequent concealing of the deceased’s body [Central Criminal Court; February to March 2019]
  • Operation Navigator – junior counsel for the Prosecution in relation to an allegation of conspiracy to murder. The case (which spanned two trials) involved complex legal arguments in relation to disclosure and abuse of process [Birmingham CC, September 2016 to March 2017]

Brett has extensive experience of cases involving allegations of fraud brought by the Serious Fraud Office, HM Revenue & Customs, and the Department of Trade and Industry. Fraud experience covers instructions in significant “boiler room” frauds to “advance fee” frauds, often on a global scale. In addition, Brett has acted in numerous cases relating to conspiracies to defraud and to cheat the public revenue. Brett often appears in heavyweight and complex cases, both for the prosecution and defence. Corruption experience includes offences of misconduct in a public office.

Brett frequently is instructed in proceedings arising from the provisions of the Proceeds of Crime Act 2002. These proceedings can involve consideration of expert forensic accountancy evidence and recovery of overseas assets.

Brett has often acted on behalf of local authorities to advise and prosecute a wide range of regulatory offences, including landlord and tenant disputes, food hygiene, noise pollution, and false trademark offences. Brett also accepts instructions in other areas of regulatory litigation.

Brett has experience of all aspects of road traffic proceedings, from summary proceedings to High Court appeals by way of case stated. Brett has often been instructed in cases involving fatal road traffic accidents, both prosecuting and defending.

Recent High Court instructions have concerned consideration of the ambit of ‘public place’ for the purposes of the Road Traffic Act 1988.

Brett has extensive experience of proceedings involving allegations of serious sexual offences, both prosecuting and defending. On occasion, Brett has been instructed to provide pre-charge advice in respect of allegations.

As well as conducting proceedings as junior counsel alone, Brett has been led in respect of complex trials arising from historic sexual offending and trafficking offences, in particular:

  • Operation Silk – junior counsel for the principal defendant in a trial involving historic allegations of sexual abuse towards a vulnerable female in Oxford [Oxford CC, November to December 2018]
  • Operation Jardine – junior counsel for the Prosecution in respect of sexual offences, including trafficking, relating to young and vulnerable females in Peterborough [Central Criminal Court, February to April 2015]

Brett has been instructed in a wide range of terrorism-related cases, principally on behalf of the prosecution, both at first instance and on appeal.

Relevant experience includes:

  • Operation Pabulous – junior counsel on behalf of the first defendant in respect of allegations of disseminating terrorist publications [Central Criminal Court, October to December 2019]
  • Operation Suithold – prosecution counsel in respect of allegations of possessing information for terrorist purposes [Central Criminal Court, May 2019]
  • Operation Gynic – prosecution counsel in respect of allegations of funding terrorism, relating to payments sent to Syria [Central Criminal Court, January 2019]
  • Operation Gueston – prosecution counsel in respect of an allegation of wilful obstruction of a Schedule 7 examination [City of Westminster Magistrates’ Court, June 2018 and Southwark CC, December 2018]
  • Operation Afoam – prosecution counsel in respect of allegations of disseminating terrorist publications via social media [Woolwich CC, May 2018]
  • Operation Hammerless – prosecution counsel in respect of allegations of encouraging terrorism and disseminating terrorist publications via social media [Manchester CC, April 2018]
  • Operation Smalling – junior counsel for the prosecution in respect of an allegation of preparing acts of terrorism [Birmingham CC, April to May 2017]
  • Operation Angelica – prosecution counsel in respect of an allegation of possessing an article for terrorist purposes [Leeds CC, October 2015]

Fraud, bribery and corruption
Brett has extensive experience of cases involving allegations of fraud brought by the Serious Fraud Office, HM Revenue & Customs, and the Department of Trade and Industry. Fraud experience covers instructions in significant “boiler room” frauds to “advance fee” frauds, often on a global scale.

In addition, Brett has acted in numerous cases relating to conspiracies to defraud and to cheat the public revenue. Brett appears in heavyweight and complex cases, both for the prosecution and defence. Corruption experience includes offences of misconduct in a public office.

  • Grade 3 Prosecutor on the CPS List
  • Specialist rape advocate

Member of the Criminal Bar Association.

University of Oxford, BA (Hons), Jurisprudence.

Interests include sport, current affairs, live music, reading and cinema.

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