Audrey Archer > Chambers of David Berkley KC > Winchester, England > Barrister Profile

Audrey Archer

Work Department

Crime and Family barrister.

Position

Audrey is an enthusiastic and passionate Family practitioner, and enjoys the variety of issues and challenges that family practice entails.

She is thorough in her preparation, possesses excellent client-care skills, and is an experienced and skilled advocate.

Recent cases  

• Relocation case (move from UK to Canada) : representing the applicant mother – case concluding in a successful relocation application
• Financial remedies case. Case is particularly interesting as it involves issues of capacity
• A number of applications for non-molestation orders. To date, all applications made by Audrey have been successful
• A number of private children cases involving all aspects of child arrangements
• Direct access private children work.

Audrey accepts instructions in a range of Family work:

Matrimonial Finance and Divorce

• Financial orders under s25 of the Matrimonial Causes Act 1973
• Trusts of Land and Appointment of Trustees Act 1996
• Interlocutory applications for maintenance pending suit and s37 injunctions to prevent dissipation and to recover hidden assets
• Transfer of tenancy
• Overseas assets
• Third parties, usually in-laws, intervening in ancillary relief proceedings
• Applications for provision for children under the Children Act 1989 Sch 1
• Inheritance (Provision for Family and Dependents) Act 1975.

Private Law Children

Audrey has experience of cases involving, for example, child arrangements in relation to general contact issues, where the child lives and how much time the child spends with each parent, prohibited steps and specific issue orders. She also has a keen interest in cases involving issues concerning the removal of children from the jurisdiction, abduction and financial applications for children, and cases that have an international dimension.

Non-Molestation and Occupation proceedings

Audrey has acted in a number of cases involving the application, and response, to orders sought under the Family Law Act. She has experience of fully contested final hearings in respect of Occupation and non-molestation orders.

Public Law Children

Audrey has acted in Care Proceedings involving the Local Authority applying for adoption orders in respect of the subject Children. She accepts instructions from local authorities, respondents (both parents and grandparents) and children’s guardians. She has a particular interest in dealing with cases involving significant harm from neglect, severe emotional abuse causing psychological damage to children, and cases involving serious physical harm.

Audrey has undertaken a number of pro-bono cases, including cases involving the application of The Family Law Act, The Children Act and The Matrimonial Causes Act 1973.

CRIME

Audrey only defends in cases involving serious crime. She represents persons accused of offences of particular complexity and seriousness.

She has been involved in a number of cases that have attracted national press attention. Her first case to be reported nationally was when she was just eight months into her practice. The Sun reported on the exceptionally lenient sentence her client received, and criticised the leniency that was shown to her client by the Court. Since then, many of Audrey’s cases have been nationally reported. One of her cases (resulting in her client being acquitted after a two month trial) is in the process of being made into a film. Another of her cases was referenced in the movie ‘Bridget Jones’ Baby’ (2016).

Audrey develops a good working rapport with her clients. She is repeatedly instructed by those she has previously represented, and by instructing solicitors. She often receives letters and cards of thanks from those she defends. A card from a nurse, whom she recently defended, reads ‘thank you for your support and hard work on my case, and for believing in me. You are brilliant at what you do’  : R v B, Southampton Crown Court, October 2015 : Not guilty verdicts.

Pending Cases of note (2017) 

• Blackmail : Case to be heard (Winchester 2017)
• Grievous bodily harm with intent (London 2017)

Recent cases

• Attempted murder charge, reduced at Court to Child Cruelty : NOT GUILTY verdicts by the Jury after trial (May 2017)
• Successfully defended an army sergeant accused of affray and assault upon two soldiers. His not guilty verdict was reported in a number of national newspapers. For example, see: media article
• Reported in the national papers: Defended a female accused of a vicious offence of glassing a male. Her client had seventeen previous convictions for violence towards others. She received a suspended sentence order. Achieving a suspended sentence for her client was a great accomplishment in view of the circumstances of this case, and the defendant’s background. media article
• Defended a police officer accused of severe harassment on an ex-partner, and data protection offences. On the BBC national news and within the national papers: media article
• Successfully defended in a heavily reported kidnap trial, where part of Audrey’s cross examination of the main complainant was reported in the press: R v Charlotte Devaney and others media article & media article
• Instructed in a nationally reported case to defend a male charged with possession of a firearm, and grievous bodily harm with intent.  Following preparatory advice from Audrey in relation to the defendant’s mental health at the time of the offences, experts were instructed, and the defendant was found to be insane at the time of the offences by two psychiatrists. Insanity was therefore a live issue in this trial: media article & media article

Other cases:

• R v L (2014) : Solely instructed to defend a director of a company charged with corporate manslaughter. Prosecuted by very senior counsel
• R v O (2013) : Sole counsel defending in a three month conspiracy to steal trial
• R v C (October 2011) : Armed robbery. Solely defending a 13 year old. Defendant found not guilty
• R v H Others (December 2010): Solely defending a male accused of offences of  false imprisonment, wounding with intent, and threats to kill. Following a 6 week trial, the defendant was acquitted of all charges by the Jury.

Court of Appeal cases

Audrey has also appeared on a number of occasions as sole counsel in the Court of Appeal.

• R v Omar Blake (2010) EWCA Crim 2821. For appellant. Supply of class B drugs. Appeal against sentence allowed
• R v Pickett (2010) EWCA Crim 2757. For appellant. Consideration of manifestly excessive consecutive sentences in a young defendant’s case. Appeal allowed
• R v Conway (2008) EWCA Crim 845. For appellant. Consideration of compensation orders. Appeal allowed
• R v Donald Cooper (2008) EWCA Crim 1215. For appellant. Supply class A drugs. Appeal dismissed
• R v O (2009) – Armed robbery. 15 year old appellant. Appeal dismissed
• R v Jason Ralph and Others (Junior defence counsel) – Led by Matthew Jewell. For the applicant. The Court quashed the applicant’s conviction.

Led cases

• R-v-Jobarteh and Others: Junior prosecution counsel. Violent disorder – Operation Montego. Led by Maria Lamb. Violent disorder. Ten defendants, nine of whom were youths. Southampton Crown Court
• R v Ralph and Others: Junior defence counsel. Led by Matthew Jewell. Conspiracy to handle stolen goods – high value plant equipment. Conviction quashed by the Court of Appeal.

Additional

Audrey was invited by HHJ Burrell QC to act as one of the barristers in a Judges Training DVD which deals with issues that could arise within a trial.

She is a qualified advocacy trainer. She is also the mini pupillage co-ordinator for Winchester.

Sexual Offences

Pending Cases of note (2017) 

• Serious child sex offences, Southampton 2017
• Serious historic child sex offences, Bournemouth 2017
• Rape, Southampton 2017
• Indictment with nine counts of rape, Southampton 2017

Recent cases

• Defended a male in his late 70’s accused of historic sexual offences : Client found Not Guilty on all counts on the indictment
• Defended a male found to be mentally unfit to partake in this trial. Defendant found not to have done the act, and thus not guilty, following Audrey cross examining three civilian witnesses. R v E, Southampton Crown Court
• Successfully defended a school teacher, from a well known private school, accused of sexual offences. Reported nationally
• R v A (June 2011): Prosecuting a defendant for historic sex offences. Defendant represented by Queens Counsel

Led cases

• R-v-Howard: Junior prosecution counsel. Complex historic sex abuse case, where the offences dated back to 1962. Led by Robert Bryan. Winchester Crown Court

Career

Called 2004.

Memberships

• Middle Temple
• Prisoners Education Trust
• Western Circuit
• Family Law Bar Association

Education

• BVC: Very competent. (2004)
• LLB (HONS): 2.1 (2002)
• LLM (COMMERCIAL LAW) (2003)