YEAR OF CALL: 1988

SILK: 2006

AREAS OF PRACTICE

Criminal Law

Regulatory Law -  In particular inquests and inquiries

EDUCATIONS & QUALIFICATIONS

LLB

Honorary Professor of Law at University of Kent

MEMBERSHIPS & AFFILIATIONS

Recorder 2022

Bencher, Middle Temple 2005

Assistant Coroner (Inner West London) 2012

Deemster (panel), Isle of Man 2017

Deputy High Bailiff, Isle of Man 2017

Criminal Bar Association

Bernard is currently Deputy Treasurer of Middle Temple and will be Master Treasurer in 2026

ABOUT BERNARD

Bernard specialises in criminal law and regulatory law (in particular inquests and inquiries). He is a very experienced advocate  who deals with cases substantial seriousness, sensitivity and complexity.

Criminal Law

Bernard specialises in criminal defence work involving a grave and serious offences, in particular homicide, terrorism, serious sexual or violent offending, serious organised or complex crime, regulatory offences and crimes which occur in the prison environment.

Bernard is an accomplished trial advocate. He is a highly regarded and well-known teacher of advocacy skills. He is not afraid of hard work or challenging cases and is often instructed in large multi-handed cases, where emotions may run high.

Many of his cases involve vulnerable defendants or witnesses, psychiatric evidence, expert evidence requiring careful cross-examination or challenging strategic issues.

Many of his trials are high-profile and Bernard is well used to dealing with cases which attract a good deal of publicity. Consequently, he has experience of dealing with issues of publicity and contempt of court.

Notable cases:

R v BARKER - The “Baby P” trial. Bernard represented the main defendant, acquitted of murder. He also conducted the subsequent rape trial. His experiences in that trial led him to make a detailed study of the issues arising from examining vulnerable witnesses and conducting cases for highly vulnerable clients.

R v HUGHES – Child allegedly tortured and mistreated by father and his partner.  Partner convicted of murder. Hughes, represented by Bernard, convicted of manslaughter.

R v PM  - 15 year old girl alleged to have killed her new born baby after hiding her pregnancy.   Involved numerous experts and complex psychiatric issues.

R v HM – Allegation of terrorism where Defendant’s defence was that he was not preparing for acts of terrorism, merely pursing an interest in research generally and being an inventor.

Regulatory Law

Bernard has been instructed in many cases which require an understanding and testing of the evidence of experts, in particular pathologists, forensic experts, scientific or medical experts and psychiatrists. His regulatory and inquest work also brings him into contact with experts from the Health and Safety and regulatory fields.

Bernard has expertise in dealing with cases involving clients with learning difficulties, vulnerable witnesses and young adults.

Notable cases:

Re AD - Inquest touching death of young man introduced to heroin by neighbour. Although he died alone having taken the drugs himself, a submission was made that copying the technique shown to him by neighbour could amount to unlawful killing. The conclusion of the case was unlawful killing.

Re BL - 8 week inquest into death of 16 year old boy on a Scout trip who fell off a cliff.  Jury returned conclusion of unlawful killing.

Re B - Represented coroner in Judicial Review regarding whether he was entitled to return a narrative conclusion in case whether mother had held her baby as she committed suicide by standing in front of a train, killing both of them.