Dr Andrew
Parker
Barrister | Called 2016 |
Public Access Accredited
Background
Andrew practises across a wide area of Family, Public law (Police and Local authorities), Civil and Criminal law.
Before being called to the Bar in 2016, Andrew had a highly successful career as a senior police detective. Having over 30 years of police service in Hong Kong, London, HMIC at the Home Office and in Yorkshire, Andrew has extensive experience in leading the investigation of complex crimes, including homicide, serious and organised crime, and counter-corruption. As a graduate of the prestigious FBI National Academy, in 2016 he represented UK Policing on attachment to Washington DC.
He has developed particular expertise with investigatory powers, POCA, disclosure (PII), inquests, and public inquiries. Transferable skills and extensive experience in policing mental health issues, inquests, and public inquiries enable him to bring some invaluable insights from a long public service to his practice as an independent legal practitioner.
Andrew is dual-qualified as a Chartered Forensic Psychologist. Holding a PhD from Kings College London (Institute of Psychiatry), he specialised in the assessment of credibility and memory in historical allegations of sexual abuse. Andrew has also published and lectured widely, both in the United Kingdom and internationally, on the application of psychology and the law.
Professional Qualifications
- CPS Senior Prosecutor Grade 2
- Public Access: Accredited for direct access from members of the public
- Accredited Mediator (Civil/Commercial)
Educational Qualifications
- PGDip Legal Practice (BPTC) Manchester Law School (Commendation)
- Accredited Civil/Commercial Mediator (ADL)
- Postgraduate Diploma in Law (GDL) Nottingham Law School (Commendation)
- PhD. Forensic Psychology from Kings College London (Odin Scholarship)
- MSc. Forensic Psychology from Surrey University (Distinction)
- BSc. Criminology from the University of Portsmouth (Upper Second)
Andrew’s expertise
Family Law
Private law (Child arrangements)
Andrew is approachable, friendly, knowledgeable but equally robust. Advising and representing clients across a range of private family matters, Andrew appears in the magistrates’ court and family court dealing with contested child arrangements, involving liaison with Cafcass and Social Workers in the best interest of his clients and negotiating the settlement possible for those who instruct him.
He has proved adept at dealing with highly sensitive and emotional witnesses giving evidence in fact-finding and final hearings – supporting them through the process but also in dealing with the complexities of the ever-changing legal background in such cases.
He particularly specialises in sensitive and complex cases where domestic violence is alleged and has achieved positive outcomes for clients in contested hearings such as the finding of fact hearings.
Family Law Act (injunctions and enforcement)
Andrew undertakes more complex and protracted Family Law Act proceedings, often those cases involving several years of dispute and animosities that can occur within families.
One such example was litigated across the family, civil and criminal courts with up to 30 separate claims and applications involving a complex web of allegations and counter-allegations. Despite obtaining multiple findings in favour of his client, being awarded costs and the court granting a civil restraint order against the other party, the case persists.
Public Law – (Care and enforcement Proceedings)
Andrew is regularly instructed by local authorities and parties to represent them in care proceedings. He has undertaken a wide range of cases involving adoption, supervision orders, and advising on appeals to the High Court arising out of contested family cases and has experience in both the National Deprivation of Liberty Court at the Royal Courts of Justice and the Family Drug and Alcohol Court (FDAC).
He also represents various police forces and parties in proceedings in the High Court in London in relation to alleged Forced Marriage, Genital Mutilation, Mental Capacity, and abduction both within the UK and abroad.
Financial remedy – Divorce
Andrew regularly advises and represents clients in financial settlements on divorce, often involving high stakes and high-value division of assets on the breakdown of a marriage or civil partnership. His emphasis is on keen attention to the financial details within the evidence, looking for gaps where parties are attempting to conceal matters from the attention of the court. He gives a forensic level of attention to the parties’ positions and is particularly adept at identifying conduct matters that may influence the balance in the division of assets.
He represents at First hearings (FDA), resolution hearings (FDR) and fully contested final hearings involving either evidence of the parties or submissions. His emphasis is to attempt to reduce the cost of such proceedings by taking a common-sense approach in his fair but firm negotiating style in his client’s best interests.
Regularly negotiating settlements exceeding £1m in total value in the marital pot, most routinely involving the sale or transfer of property, inheritance, valuation, and transfer of interest in a business, sometimes touching on insolvency law, and pensions sharing. This is a highly specialised and complex area of practice in which Andrew thrives.
Crime
Andrew has developed a strong criminal practice both prosecuting and defending. He is a Level II Crown Advocate and a previous secondee to the CPS as a Senior Crown Prosecutor, so has an insight how matters are litigated.
He is frequently instructed on jury trials, appeals and sentencing in the Crown Court. In the Magistrate’s Court, he has assisted numerous clients facing disqualification from driving by successfully pleading special reasons and exceptional hardship. Andrew is an authoritative, authentic, and persuasive advocate.
Recently between 10th – 11th October 2023 in a jury trial of issue, Andrew successfully prosecuted an individual who was unfit to stand trial for dangerous driving in circumstances where he had deliberately rammed his car into a police van narrowly avoiding serious injuries to officers.
Andrew is equally robust in his defence of those falsely accused. In R v C-A (2020) Andrew secured the acquittal of a young man falsely accused of rape in Telford Youth Court in January 2020 (instructed by Alexandra Youster at Cartwright King). This case emphasised the value of careful preparation and review of all unused material which can reveal the signs of material investigators don’t think is relevant but shows obvious gaps in the investigation that should not go unexplained. Early challenge of disclosure, questioning obvious lines of inquiry unexplored by way of a carefully drafted defence statement, consideration of previous behaviour evidence and timely character applications is absolutely invaluable.
Civil Law
As an accredited civil and commercial mediator, Andrew takes instructions across a variety of civil matters including road traffic claims, property, and commercial contract disputes. His work in this area includes extensive advisory work, particularly in relation to claims against public authorities.
Having a background in negotiation, Andrew assists his clients in analysing and accepting the benefits of settling matters to avoid protracted and costly court proceedings. He has recently assisted on complex neighbour disputes involving the removal of hedging in a boundary line dispute; he has successfully advised on a construction contract dispute against a well-known glazing company; and he has mediated a complex inheritance settlement that was splitting a family apart. Andrew also appears in the county court in relation to disputed, road traffic accidents, personal injury claims and holiday illness claims.
Police Law
With a long background at operational and senior levels in the police, Andrew is a specialist in all aspects of police law: disclosure (Public Interest Immunity), use of investigatory powers, enforcement orders (SOPOs, Civil injunctions, Closure Orders, etc.) and restraint and confiscation proceedings (POCA).
He has been especially successful in developing disclosure and PII in family proceedings and has appeared before the High Court in relation to serious and complex care proceedings.
Andrew also has vast experience appearing before the Coroner’s Court as a Senior Investigating Officer (SIO) investigating unexplained death and death following police contact, which provides scope for expanding this area of his practice at the Bar. He has represented insurance companies, police, and bereaved families in several inquests.
Coronial Law
Between 8th and 17th June 2022 Andrew represented the family at an inquest before HM Coroner Birmingham to achieve a positive outcome for the family of a Somalian man tragically killed by a friend who was suffering severe psychosis in circumstances where authorities had missed opportunities to intervene, assess and treat the man and so prevent the death. Working with the family since 2020 Andrew successfully persuaded the Coroner to re-open the inquest at a contested hearing and investigate the tragic circumstances of the death.
Another example of Andrew’s expertise in this area, on 4th October 2021 he represented the police in the inquest of a young woman who tragically died in Spain when she fell from height. The parents naturally questioned the thoroughness of the investigation but through examination of witnesses in court persuaded the Coroner that all that could have been done had been done. This at least allowed some sense of closure for the grieving family.
Court Martial & Regulatory Law
Andrew has experience as a practitioner within Service Courts and police misconduct proceedings and has successfully represented defendants charged with a variety of misconduct and criminal offences.
Recent instructions have included defending allegations of dishonesty, fraud, and negligence of duties. He also has experience across the whole gamut of service offences. He has additionally advised on specialist areas of evidence and procedure, particularly in relation to sensitive materials, disclosure, and redaction of intimate images.
In his previous career, Andrew was in charge of a part of the Directorate of Professional Standards in the Metropolitan Police responsible for the investigation and prosecution of gross misconduct investigations and criminal investigations implicating internal corruption and serious crime. In his time in post, he led several corruption cases to prosecution. He has both performed the role of senior presenting officer and advocates for officers undergoing gross misconduct panels. Andrew provides clients with an invaluable insight into the way such cases are prosecuted.
Notable Cases
Civil Law
In Dudley MBC v Colbourne & Foxall (2019) Andrew provided written advice in the defence of a prosecution under the food safety regulations. Acting for the defendant, he successfully challenged the authority’s duplicitous over-charging of breaches of the regulations, ultimately reducing liability at trial.
In Re D (2019) Andrew advised in a potential claim against Birmingham Children’s Services in respect of alleged failures to investigate and support a child victim of CSE. Andrew was able to advise on alternative means of reaching a settlement, which was negotiated and ultimately accepted.
In the case of Crisp v Aldred (2019) at Oxford County Court, Andrew utilised his experience in managing mental health by obtaining an injunction against an anti-social neighbour. By advising on the respondent’s psychiatric report and issues of non-party disclosure, he drafted part 35 questions in response to the expert’s report on behalf of the applicant.
Court Martial & Regulatory
MOD v F – Defended a MOD police officer at gross misconduct hearing for alleged dishonesty.
R v W – Defended a service member for alleged negligence of duty.
Criminal Law
In R v C-A (2020) Andrew secured the acquittal for a young man falsely accused of rape in Telford Youth Court in January 2020 (instructed by Alexandra Youster at Cartwright King). This case emphasised the value in careful preparation and review of all unused material which can reveal the signs of material investigators don’t think is relevant but shows obvious gaps in the investigation that should not go unexplained. Early challenge of disclosure, questioning obvious lines of inquiry unexplored by way of a carefully drafted defence statement, consideration of previous behaviour evidence and timely character applications is absolutely invaluable.
R v Ahmed/Hussain (2019) at Birmingham Crown Court, Andrew successfully prosecuted a 2-day appeal against conviction for assault. Despite witness intimidation, trial via video link and abandonment of key witnesses, tough cross-examination exposed both assailants’ lies, and the concoction of evidence lead to dismissal of the appeal.
WMP v Varma (2019) involved Andrew in achieving a variation of a Sexual Harm Prevention Order (SHPO) based on foreign convictions that came to light at a late stage in the currency of the order. With an order directing further and better proof of convictions from authorities overseas, Andrew successfully persuaded a bench with little experience of handling complex inter-jurisdictional matters, on their jurisdiction, the law and procedure to be applied.
Family Law
Re Tripicchio (2019) at Wolverhampton High Court involves Andrew again acting for the police in successfully applying for disclosure of documents residing within family proceedings (usually private) related to an ongoing investigation into allegations of child abuse. Deploying the on Linked Criminal and Care Proceedings Protocol 2013 and relevant case law (Re C 1996 and Re X &Y 2015). Arguing that the public interest in safeguarding the child and other potential victims outweighed the father’s section 98 (Children Act 1989) confidentiality, he was granted disclosure of social care materials relevant to the prosecution of serious crime.
MP v Z (2019) took Andrew to the Birmingham Family Court where he successfully contested an application for Forced Marriage Protection Order in circumstances where the family was seeking to take an adolescent female against her will to Pakistan.
In Re Ubaydi (2018), acting for West Midlands Police (WMP), Andrew made an urgent application at the Royal Courts of Justice to prevent disclosure of sensitive materials ordered in family proceedings based on PII in line with the principles in R v H (2004). The local authority brought the action to force disclosure in default of joint protocol and procedure.
Police Law
InWest Midlands Police v Cepla (2019)Andrew successfully applied for forfeiture (s298 POCA) of £30,180, the majority in Scottish notes. Relying on relevant caselaw (Muneka, Olupitan and Angus), he resisted an application to dismiss by demonstrating the cash was obtained through an “unlawful conduct” (cross-border laundering of street drug money from Glasgow) based on a series of properly drawn inferences (e.g., quantity and denomination, lies and refusal to explain). Challenging the respondent’s witness, he relied on bad character and hearsay (intelligence) to show his involvement in organised crime.
WMP v Cohen (2018) involved the challenge of extended police bail. Although perhaps Andrew had the advantage in terms of familiarity with the provisions of police bail, considering his considerable previous experience in that area, his case analysis and preparation, including preparing a thorough skeleton argument before the hearing, helped him persuade the Justices as to the correct interpretation of the law as it stands on pre-Policing and Crime Act (2017) police bail.
Professional Memberships
- Midland & South-East Circuits
- British Psychological Society (BPS)
- FBI National Academy – Executive Leadership in Law Enforcement
Testimonials
“I cannot reiterate enough how amazing Andrew was and how much the client thought of him and his excellent representation.”
Awards and Interests
- First Prize in the Kalisher Pupil Barrister Essay Competition (2017)
- Top Performing Student on BPTC 2016 at Manchester Law School (2016)
- Odin Trust PhD Scholarship King’s College, Institute of Psychology (2000)
In his spare time, Andrew tries to keep fit, play tennis and cook each with a varying degree of competence and enthusiasm. But as an advanced driver, motorcycle rider and tutor with ROSPA and the Institute of Advanced Motorists, Andrew does give his Saturday mornings to help people pass their advanced driving or riding test or at least be a little safer on the roads.