Barristers

Jonathan Underhill

Jonathan Underhill

3PB, South West

Work Department

Crime, Financial Crime, Health and Safety

Position

Jonathan is a specialist criminal practitioner whose ‘ability to process detail is outstanding. He brings  great technical knowledge, and that gives him a wonderful air of confidence which puts his clients at ease.’

Jonathan is ‘meticulous in his case preparation and offers a calm and assured presence in court. He is a skilful lawyer who can translate his understanding into persuasive and compelling advocacy, both in his legal submissions and trial advocacy.'

He is commended for his advocacy; from his “realistic and concise submissions” advanced with “commendable brevity and good sense” to his “conspicuously well drafted written arguments”.

His practice is focused almost exclusively on defence work, assisting individuals and companies across a range of complex criminal and regulatory matters with a particular focus on Financial, Regulatory Crime and Health and Safety matters

He has successfully completed the SEC Advanced International Advocacy Course at Keble College, Oxford and is an accredited advocacy trainer for the Inner Temple and Western Circuit.

Crime and Regulatory CrimeJonathan is a specialist criminal practitioner whose ‘ability to process detail is outstanding. He brings great technical knowledge, and that gives him a wonderful air of confidence which puts his clients at ease.’Jonathan is ‘meticulous in his case preparation and offers a calm and assured presence in court. He is a skilful lawyer who can translate his understanding into persuasive and compelling advocacy, both in his legal submissions and trial advocacy.'

He has been a led Junior, both by Senior Juniors and King’s Counsel in matters ranging from murder, rape, and national multi-defendant conspiracies to multi-million-pound fraud and money laundering cases. He has been called upon to step into the place of his leader to deal with both cross examination and legal submissions.

Notable Cases

Sexual Offences

  • R v CC (2025) – Defence instruction. Multiple count of blackmail and associated charges relating to private sexual material across a number of victims. Complex sentencing exercise.
  • R v SS (2024) – D accused of sexual offences against his daughter. Multiple historic offences. C particularly vulnerable. D acquitted following trial.
  • R v TT (2024) – Defence instruction. D accused of rape within relationship. D acquitted following trial. Large amounts of social media and electronic communication evidence. Complex disclosure and s41 applications required.
  • R v C (2023) – Private Defence instruction, D accused of raping another his boyfriend following meeting on Grindr. D acquitted following trial. Case involved complex S41 legal arguments.
  • R v TB (2023) – Defence instruction, rape within a relationship, case involving issues pertaining to the “rough sex” defence. Defendant acquitted following Jonathan’s efforts in unearthing fundamental disclosure failures leading to the Prosecution offering no evidence.
  • Noel vs Chief Constable of Dorset Police [2022] EWHC 3618 (Admin) – Instructed for the police in High Court proceedings. Successful in resisting appeal against imposition of Sexual Harm Prevention Order.
  • R v RP (2022) – Defence Instruction and acquittal at trial. Same sexual assault following sexual banter and drunken flirting.
  • R v LT (2022) – Private Defence Instruction. Sexual Assault by penetration, massage therapist accused of assaulting two vulnerable clients.
  • AA v Chief Constable (2022) – Successfully overturned the making of a Sexual Risk Order flowing from an acquittal for Rape on the basis of “sexsomnia”
  • R v L (2020) – Instructed for the Defence in indecent images case – following submissions as to the nature and unreliability of electronic and computer evidence Crown were forced to abandon all but 2 counts of a 9-count indictment.
  • R. (on the application of Hovenden) v. Parole Board [2014] EWHC 3738 (Admin) – Judicial Review against decision of the Parole Board.

Drugs

  • Operation Portable (2024) - Complex multi-Defendant drugs case, following the National Crime Agency’s Operation Emma and Operation Venetic into the use of the "EncroChat’ network.
  • Operation Scowl (2024) – Defence instruction. Multi-handed Encrochat prosecution stemming from Operation Venetic.
  • R v A (2024) – Prosecution Instruction. Advice and assistance in case involving large amounts of cannabis edibles, sold via the dark web, involving crypto assets and dark web sales profiles.
  • Operation Nightstand (2023) – Defence Instruction. 6 Defendant conspiracy to supply Class A drugs.
  • R v JS (2022) – Defence instruction. Vulnerable client requiring careful support. Acquitted of PWITS class A following legal argument establishing fundamental disclosure failings on the part of the Crown.
  • R v Wooff [2019] EWCA Crim 2249 – Permission granted to appeal against imposition of mandatory sentence for dealing in Class A drugs. In their judgment Court of Appeal provided a summary of the chief features of the legal framework surrounding the minimum sentence for a third Class A drug trafficking offence under section 110 of the Powers of Criminal Courts (Sentencing) Act 2000.
  • Operation ‘Buntline’ (2017) – Instructed for the Defence in large multi-handed country wide conspiracy to supply class A drugs – involving ANPR, and nationwide telephone and telemetry evidence.

Driving

  • R v JB (2021) – Instructed for the Defence – fully contested case of causing death by careless driving – expert evidence for both Crown and Defence

Violence / Neglect

  • R v BW (2025) - Successfully secured an acquittal for his client, accused of attempted murder. Following a week-long trial, Jonathan’s client, W, was acquitted of attempted murder. W had attended at a school car park in possession of, what was described by the prosecution as, a “vicious cut-throat razor”
  • Operation Talus (2024) - Instructed for the defence in high profile murder case. Legal argument over the suitability of additional charges.  Persuaded the Crown to limit charges to a single count of perverting the course of justice; and to drop other charges of witness intimidation. Persuaded the court to avoid an immediate prison sentence.
  • R v WW and Others (2024) – Defence instruction family members accused of assisting and offender and perverting the course of justice in relation to a murder connected to criminal activities.
  • R v DT and LT (2023) – Defence instruction. Child cruelty. 5 children between 9 – 18, with allegations over a 5-year period. Complex Family Proceedings disclosure issues. Children required intermediary assistance and full written cross examination.
  • Operation Garth (2022/2023) – Defence instruction - Multi handed section 18/Pervert the course of justice and witness intimidation. 7-week trial instructed for the 1st Defendant
  • Operation Fringe (2022/2023) – Murder. Led by Adam Feest KC (now HHJ Feest KC). Multi handed murder. Defendant diagnosed with ASD. Dealt with sentencing without leading counsel.
  • R v LF and Others (2022) – Defence instruction. Case of violent disorder. Successful dismissal application following analysis of Prosecution identification failures.
  • R v T (2021) – Instructed for the Crown – Section 18 assault – knife attack in a public street
  • R v M and B (2021) – Instructed for the Crown – child cruelty case involving young child in dangerous living conditions
  • R v. J – Led Junior for the Defence in an attempted murder case.

General Dishonesty and Theft

  • R v C (2019/2020) – Instructed as sole prosecuting Counsel in Multi-defendant, conspiracy to commit dwelling house burglaries involving upwards of 35 individual offences across 4 counties.
  • Operation Glenfall (2018/2019) – Instructed as Led Prosecution Junior in a 31 handed perverting the course of justice case – required to prepare and cross examine multiple defendants across multiple trials.
  • R v. M and Others (2018) – Instructed as Led Junior Counsel in multi handed cash in transit robber case investigated by the “Flying Squad” – called upon to present the prosecution in place of leading counsel for the first week of the trial.
  • R v. S (2017) – Represented a member of a gang who burgled the home of England footballer John Terry and a number of other High-profile victims.
  • R v. K (2017) – Case concerning people smuggling across European Borders.

Career

Year of Call: 2008

Memberships

Western Circuit Criminal Bar Association Fraud Lawyers Association Proceeds of Crime Lawyers Association Private Prosecutors Association

Education

BVC (Graded Outstanding) – Cardiff University Law School Inner Temple Prize Winner – Outstanding Achievement LLB (Hons) Law & Politics – Cardiff University Law School AG Panel Regulatory Advocates – A Panel Level 4 – CPS Panel Advocate (General Crime) Level 4 – Specialist Fraud Panel Level 4 – RASSO Panel Level 2 – Proceeds of Crime Panel Inner Temple Accredited Advocacy Trainer Western Circuit Advocacy Trainer SEC Advanced International Advocacy Course, Keble College Oxford

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