Background Gavel
Andrew Bousfield
Barrister
abousfield@rosecourtchambers.com
Year of call:
2004

About

Andrew Bousfield is a senior junior specialising in only the most serious crime, POCA/money laundering and the interaction between employment law and criminal allegations.  He is well respected by Judges and will take on cases of forensic complexity.  Andrew draws on his background as an investigative journalist and can provide strategic advice on evidence collection and building a case.  A leading defence solicitor wrote, “Andrew interacts very effectively and respectfully with the judiciary who clearly respect him. With regard to juries and witnesses the applicant has a very pleasing and persuasive manner.”

Andrew takes on all forms of serious and sensitive proceeds of crime and money laundering work.  Andrew is appointed onto the editorial board of the leading practitioner text on proceeds of crime, Mitchell, Taylor and Talbot, “Confiscation and Proceeds of Crime”, (OUP loose-leaf), responsible for case updates in all areas of confiscation law.

Andrew has conducted secondments at CPS London, CPS Proceeds of Crime Unit, and HMRC’s criminal investigation team focussed on Illicit Finance.

Andrew is an expert in the interaction between employment law (whistleblowing) and criminal law, and in duties that companies and public bodies have to report.  Andrew has acted in several multi-week high profile employment tribunals against public bodies and investment banks (often subject to media attention).  A list of those cases are below.

In serious crime, Andrew often takes on cases with complex psychiatric evidence.  Andrew has completed three further education courses in Abnormal Psychology and Personality Psychology at Oxford University, with a dissertation on the use of the diagnosis of personality sisorder diagnosis in the criminal justice system (sentencing, fitness to plead, false allegations).

Before coming to the Bar, Andrew was an award-winning investigative journalist for Private Eye.  He won the Paul Foot award jointly for an investigation into bribery on military contracts in Saudi Arabia, which involved tracing money flows through offshore jurisdictions and company registers.  The matter was prosecuted by the SFO in 2022 (R v. Mason v. Cook).  Andrew also published a long-term investigation into Russians laundering corrupt money through the UK, using deniable LLP structures and offshore shadow directors.  Finally, Andrew was runner-up for the Martha Gellhorn award with Dr Phil Hammond (MD) for a special eight-page investigation into the treatment of whistleblowers in the NHS and the damage to patient care and use of gagging clauses, “Shoot the Messenger”.

Prior to that Andrew also worked as an editorial lawyer for several newspaper groups (The Sun, The Mirror, The Independent) providing advice on libel, privacy and public interest defence, and urgent High Court injunctions (the footballer superinjunction period).

Experience

Andrew has achieved very notable results in serious sex cases, serious violence and POCA cases.  Please see below.

Notable Cases

PROCEEDS OF CRIME

R v. Stephen BEAR (2024) - Successfully established that the proceeds of the Only Fans video could be recovered as the proceeds of crime.  Difficult interaction with a prior judgment against Mr BEAR in civil law – defamation and privacy – and the question of primacy.

R v. T et al (2024) - Confiscation against an organised crime gang involved in a drugs conspiracy where the head of the OCG had fled to Spain.

R v. BH (2024) - Successful recovery, findings of joint property ownership with a wife made on inferred facts and hidden assets.

R v. DF and AF (2024) - Co-mingling of criminal proceeds in Thai property investment schemes, including evidence of foreign ownership structures in Thailand.

R v. H and P (2024) - Confiscation following NCA’s seizure of over 500kg of cocaine and evidence as to ownership and violence in Holland on arrival.

SEXUAL OFFENCES

R v. RH (2024) – Indecent Assault (historic).  Successful acquittal for Defendant accused of indecent assault on his step daughter, after cross examination of complainant, a psychologist and specialist in trauma.

R v. SC (2023) – Rape.  Successful defence which involved the Crown highly unusually offering no evidence after Andrew’s section 28 cross examination, whereby the complainant admitting missing out vast portions of evidence which called her account as to consent into question and the Judge questioning the prosecution.

R v. SG (2023) – Rape.  Historic sexual abuse committed whilst babysitting friends’ daughters.

R v. RA (2022) - Rape.  Defendant had a traumatic childhood and a diagnosis of autism and ADHD and was 15 at the time of the offence.

COMPLICATED PSYCHIATRIC EVIDENCE

R v. B (2024) – Section 18.  A University English graduate who experienced an acute deterioration midlife, and injured a police officer with a samurai sword.  Evidence on late onset psychotic episodes.  Andrew persuaded the Crown to accept a section 20.

R v. SG (2022) - Rape.  Defence of allegations of sexual activity with a child.  The matter involved several psychiatric reports, multiple diagnoses of inter alia autism and personality disorder, by psychiatrists and psychologists, and the question of what was the relevant primary diagnosis.

R v. Jonty Bravery (2020) – Assault.  Offences committed in Broadmoor, complicated psychiatric evidence on the interplay between autism and personality disorder.

R v. LP (2020) – Section 18.  Defence of a 15 year old boy with learning difficulties charged with stabbing his grandmother who required an intermediary.  Complicated psychiatric evidence with three consultant forensic psychiatrists giving evidence on “dissociative episodes”.

R v. AM (2019) – Possession prohibited firearm and ammunition.  Successful defence of a young woman who admitted handling a handgun for local drug dealers.  Alleged gang member.  Judge found exceptional circumstances and Andrew achieved a two year suspended sentence, based on a complicated mental health picture and intersecting personal disorder diagnosis with considerable expert evidence.

VIOLENCE

R v. MO (2024) – Section 18.  Successful defence of a University student who was involved in a fight in a University nightclub.  Prosecuted by Treasury counsel.  Andrew persuaded HHJ Kelleher to accede to a “half time” submission based on a developed argument on Jogee and joint enterprise.

R v. WO (2020) – Section 18.  Successful acquittal of an alleged gang member involved in a joint enterprise acid attack on another gang member in traffic.

R v. Jonty Bravery (2020) – Assault.  Offences committed in Broadmoor, complicated psychiatric evidence on the interplay between autism and personality disorder.

ORGANISED CRIME

R v. MF and DH (2024) - Successful acquittal of alleged gang members who took the police on a helicopter chase.  The case turned on DNA evidence and on disclosure of other possible suspects.

R v. MG (2022) - Conspiracy.  Encrochat cocaine dealing case involving 30kg of cocaine, and complicated attribution evidence.  

R v. L et al (2022) – Conspiracy.  Led junior in prosecution of Lithuanian car ring involved in using signal boosters for car theft and chop shops to sell the parts.  Conspiracy of over £1million.

R v. HK (2021) – Drugs.   Successful modern slavery defence in front of a jury for drug offences.  Psychiatric report and autism diagnosis adduced in evidence as to compulsion.

R v. L et al (2021) - Armed Robbery.  Led junior in Flying Squad prosecution of an armed robbery on a jewellery shop in Dagenham.

WHISTLEBLOWING

• Securing a substantial settlement for a Finance Director of an African renewable energy company who had whistleblown on suspicious offshore transactions.

• Securing a substantial settlement for an FX trader against a multinational bank, in proceedings linked to a whistleblowing claim and with allegations of positive discrimination in recruitment and involving FCA functions.

• Representing an FX trader on a whistleblowing allegation of missing funds and bribery on the Hong Kong desk.

• Representing a Council director-level social worker who had made protected disclosures about a Council Scrutiny Officer who was grooming young children online and on the sexual exploitation of young girls. Application by the Council to have the trial held in private. The BBC were represented, and Andrew Bousfield represented the Claimant in a three week trial.  https://www.telegraph.co.uk/education/2017/09/24/exclusive-council-boss-claims-forced-raising-concerns-suspected/

• Representing a consultant surgeon who submitted 14 serious incident reports, 8 of which led to serious untoward incident reports and apologies to patients. He was then dismissed.

• Representing an NHS Finance Director who made protected disclosures on “white elephant” procurement contracts within the NHS. After eight preliminary hearings, and an appeal by the Trust to the Employment Appeal Tribunal.

• Representing a school teacher, on appeal to Employment Appeal Tribunal, who disclosed failures in the exam system at Wyndonham College. Reported in the Telegraph. https://www.telegraph.co.uk/education/2016/10/10/boarding-school-principal-gave-go-ahead-on-exam-cheating/

• Represented a military GP, with alleged protected disclosures on opiate medication going missing on base in the UK. Multi week whistleblowing trial against Ministry of Defence. Led by John Hendy QC. Reported in the Mail and Telegraph.

• Represented a University Professor of Physics who alleged she had made protected disclosures on grade inflation, student evaluation scores (SOLE scores) being used to “dumb down” the teaching of physics and repeating the same questions with strong hints each year. Expert evidence from the previous Chair of Physics at Cambridge University.

• Assisted a Professor of Psychiatry who brought a claim in whistleblowing and disability discrimination and won at trial.

• Dr Hayley Dare v. Broadmoor (West London Mental Health Trust). Andrew represented Dr Dare, the Clinical Director for Women’s Forensic Services at Broadmoor, in a one week trial for whistleblowing detriments.