Pete Weatherby

"Highly regarded Pete Weatherby's primary areas of practice are prison, criminal and inquest law." (Chambers and Partners 2007)

"an 'exceptional legal mind' and 'is instructed where there are difficult or uncertain points'." (Legal 500 2006) "a formidable reputation in police and prison law" (Legal 500 2007)

"terrific" (Chambers and Partners 2006)

Practice

Pete practices mainly in human rights, prison, inquest and criminal law. He was a founding member of Chambers and remains a tenant at Garden Court Chambers, London, although practicing solely from GCN. He has appeared in a number of landmark cases including; R v Brockhill Prison, ex parte Evans (No 2) [2000] 3WLR 843. (false imprisonment), Ezeh & Connors v UK, [2004] 39 EHRR 1 (Article 6; prison adjudications), and; R (on the application of Middleton) v Sec of State Home Dept [2004] 2 AC 182. (Article 2; custody death Inquests). Pete recently appeared in the leading IPP case; Secretary of State for Justice v Walker and James [2008] EWCA Civ 30 (systemic breach of public law duty to provide measures by which IPP prisoners can demonstrate they are no longer dangerous by the time their minimum term expires, and violation of Article 5). He regularly appears in the High Court and Court of Appeal, and has appeared in the House of Lords and Court of Human Rights, in a number of cases. Much of his practice is high-profile, and he has undertaken a number of leading briefs in the Crown Court and Court of Appeal. He has also written a proposal for prison legislation for a foreign government.

Prison law

Pete regularly deals with judicial review and Court of Human Rights applications regarding release dates, parole, adjudications, and prison conditions. He has represented Claimants in a number of leading release-date, false imprisonment, adjudication and IPP cases. He also undertakes civil actions against the Ministry of Justice for breach of Article 5, assault and negligence. Pete also does some first instance prison work including difficult adjudications and lifer panels. He has appeared at all levels in prison law; Adjudications, Lifer panels, High Court, Court of Appeal, House of Lords, and Court of Human Rights. Pete has written and presented a number of prison law courses, and currently leads the GCN 5-day course aimed at solicitors, which is run two or three times a year and is regularly oversubscribed.

Criminal law

Pete appears predominantly in Manchester, Liverpool, Leeds and Sheffield. He undertakes a full range of defence work, including murder, manslaughter, death by dangerous driving, GBH, armed robbery, public order, drugs, corruption, offences under the Theft Act and fraud. Particularly interested in cases involving civil liberties, political, prison law, extradition, mental health or human rights issues. He also has a substantial High Court and Court of Appeal practice in the criminal sphere including appeals by way of Case Stated and judicial review. Pete has undertaken a number of Criminal Cases Review Commission referrals, and specialises in miscarriage of justice and appeal cases in general. He represented Robert Brown (the longest serving miscarriage case) in the CoA and thereafter in respect of compensation. He currently heads the legal team trying to overturn the conviction of Michael Shields, the Liverpool FC fan convicted of the attempted murder of a waiter in Bulgaria.

Civil litigation

Practice limited to actions against the police and general prison law.

Inquests

Pete has representing families of prisoners at inquests since he was called to the bar in 1992, and has also appeared in other high profile inquests following controversial deaths. He also undertakes judicial review of inquest decisions and rulings, and is currently appearing at a public inquiry into a prison death, set up following a defective Inquest. Pete appeared in Middleton; a landmark case relating to Article 2.

Notable Cases

Currently instructed in the inquest into the death of Jessie James > news story

Currently instructed in the case of Michael Shields > news story

R (on the application of Rebecca Noone) v (1) the Governor of HMP Drake Hall, (2) Secretary of State for Justice [2008] EWHC 207 (Admin) (Administrative Court ruling on HDC for prisoners) > news story and judgment

Melissa Piggott v DPP [2008] EWHC 305 (Admin) ("Reasonable excuse" for driver's failure to provide specimen) > news story

Secretary of State for Justice v David Walker and Brett James [2008] EWCA Civ 30; The Times 6/2/08 (Minister of Justice acted "unlawfully" - IPP sentences - parole course access) news story and judgment

R (James) v Secretary of State for Justice [2007] All ER (D) 119 (Aug) (IPP sentences post-tariff - judicial review - detention unlawful) > news story , judgment

R v Rush [2007] (leading counsel) (conspiracy to import cannabis and subsequent conspiracy to launder proceeds of crime of which he wasn't convicted)

R v Caines and R v Roberts [2006] EWCA Crim 2915, The Times 7/12/06 (reward for progress in prison) judgment

R (Lunn) v Governor of HMP Moorland [2006] CLW 06/06/15, EWCA Civ 700, The Times 27/6/06 ("unlawfully at large" ruling overturned) > news story , judgment

Rose v Director of Public Prosecution [2006] QBD, CLW06/15/08, The Times 12/04/2006 (outraging public decency, appeal against conviction quashed) > news story , judgment

R (R) v Manchester City Youth Court CrimLR[2006] 849; CLW06/15/15 (Mode of Trial - clarification of s.25 Magistrates Court Act 1980 - JR) > news story

Sierny v DPP [2006] EWHC 716 (Admin) CLW 06/14/08 (Appeal against conviction, ASBO, vague grounds) > news story , judgment

Ezeh & Connors v UK, [2004] 39 EHRR 1 (Article 6 prison adjudications);

R (on the application of Middleton) v Sec of State Home Dept [2004] 2 AC 182. (leading case on application of Article 2 to Inquest proceedings and the ambit of neglect verdicts); > judgment

R v Stocker [2003] 2 CrAppR(S) 54, CA, and R v Bingham [2004] (cases on the relationship between remand time, administrative recall and Section 116 orders).

R v Shane Smith, CA 24/03/03 (CCRC referral case - appeal allowed, conviction quashed)

R v Robert Brown, CA 13/11/02; (conviction quashed having served 25 years of a life sentence); > more details

R v Brockhill Prison, ex parte Evans (No 2) [2000] 3WLR 843. (Leading false imprisonment case);

R v Gov of Brockhill Prison, ex parte Evans (No.1) [1997] 2WLR236 (calculation of remand time);

Recommendations

Regional Bar - Northern Circuit - Crime (2007) "Garden Court North Chambers’ ‘exceptional’ Pete Weatherby, with a formidable reputation in police and prison law, appeared for the appellant in the high-profile R (Lunn) v Governor of HMP Moorland" UK Legal 500 2007 edition

Leading Junior in Human Rights: Northern (2007): "Highly regarded Pete Weatherby's primary areas of practice are prison, criminal and inquest law. After appearing in the Middleton inquest, he has seen a huge development in his inquiry practice generally. On the prison law side, he has been involved in some cutting-edge judicial reviews, particularly with respect to fair trial, privacy and liberty and prohibition from torture issues. He appeared recently in R (Lunn) v Governor of HMP Moorland and R (R) v Manchester City Youth Court. Other notable cases include Keith Rose v DPP, a public indecency case, and Sierny v DPP." Chambers & Partners 2007 more

Regional Bar - Northern Circuit - Crime "Garden Court North's judicial review expert Pete Weatherby has an 'exceptional legal mind' and 'is instructed where there are difficult or uncertain points'." UK Legal 500 2006 edition.

Leading Junior in Human Rights: Northern (2006): "Interviewees single out Pete Weatherby. Practising in crime, prison law and inquest work, he is 'terrific' and is increasingly receiving instructions from solicitors in the region and beyond. Recent highlights include appearing before the House of Lords in Middleton, concerning the applicability of Article 2 to inquests into death in custody" Chambers & Partners 2006. more

Leading Junior in Human Rights: Northern (2005): "Pete Weatherby has a broad criminal defence practice, the mainstay of which is civil liberties expertise. He is particularly respected for his dealings in cases with a prison law or mental health element" Chambers & Partners 2005, p1626.

Other Activities

Also a tenant at Two Garden Court , London, but has always practised from Manchester.

Has also written and teaches a 5-day prison law course several times a year.

Professional Associations

Liberty

Inquest Lawyers Group.