Benjamin Newton KC and Jonathan Underhill (3PB Barristers...Read more
Benjamin is frequently instructed in relation to allegations of financial crime, homicide, and serious sexual offences but has substantial expertise across all areas of criminal law. In addition to criminal trials, he regularly advises on and conducts fresh criminal appeals, and he has experience in extradition, courts martial proceedings, and criminal-related public law. He was appointed a Recorder of the Crown Court in 2020 and a judge in the First-tier Tribunal (Mental Health) in 2021.
Benjamin has been ranked by Chambers and Partners UK Bar Guide since 2014 and was recognised at their annual awards in 2019.
Benjamin is ranked for Crime and Financial Crime in the Chambers and Partners 2026 guide, where he is credited as:
Chambers and Partners has previously described him as:
He is also ranked as a Leading Silk for Fraud and Crime in the Legal 500 2026 guide, where he is credited as:
The Legal 500 has previously described him as:
Benjamin is regularly instructed in relation to substantial allegations of fraud and money laundering, and regulatory matters of a financial nature.
He is currently representing an investment banker accused of conspiring to commit fraud by abuse of position in relation to a sovereign wealth fund (R v O, Southwark Crown Court), and the director of a company accused of conspiracy to steal in relation to over £4m of industrial plant (R v Davies, Liverpool Crown Court). He has also recently represented an alleged participant in a conspiracy to launder £7.2m of fraudulently obtained payments (R v A, Southwark Crown Court) and a foreign exchange markets trader accused of defrauding investors (R v B, Bournemouth Crown Court).
Other cases in recent years include the first of three defendants accused of conspiracy to commit fraud in relation to direct payments for personal care (R v N, St Albans Crown Court); a highly respected jeweller accused of fraud in the course of his trade (R v L, Wood Green Crown Court); a marketing executive accused of fraud by abuse of position (R v D, Kingston Crown Court); and one of eight defendants alleged to have misled investors through the sale of carbon credits and diamonds in a multi-million pound ‘boiler room’ fraud (R v A, Southwark Crown Court).
Having studied economics to degree level Benjamin is very confident in dealing with cases involving the financial markets. From 2016 to 2020 he acted for one of the former Barclays traders accused of manipulating the Euribor rate (R v P, Southwark Crown Court).
Benjamin is frequently instructed on behalf of professional clients. He recently acted for a company director accused of using a prohibited name following liquidation of a company contrary to s216(3) Insolvency Act 1986 (R v B, Westminster Magistrates Court). He previously defended an accountant against whom allegations of fraud and forgery were dismissed following a submission of no case to answer and in whose favour a wasted costs order was made against the CPS (R v J, Southwark Crown Court), and also a company financial controller who was privately prosecuted for fraud and theft of over £1.5m (R v L, St Albans Crown Court).
Earlier significant cases include an SFO prosecution against a defendant extradited from Malaysia in relation to a £17m Ponzi Fraud (R v D, Southwark Crown Court); an accountant facing allegations of cheating the public revenue of £8m (R v P, Southwark Crown Court); and a solicitor accused of fraudulently posing as the freeholder of properties so as to extort payments from lessees (R v M, Bournemouth Crown Court).
Benjamin also has experience in licensing matters and in cases brought by the Health and Safety Executive and other public bodies appointed to enforce safety regulations.
Benjamin has vast experience in cases relating to the most serious allegations of sexual offending, including cases attracting publicity and requiring careful and delicate conduct both in and out of court. He is also regularly instructed to provide those who have been convicted with fresh advice on appeal.
He is currently instructed for a father accused of abusing his daughter (R v B, Canterbury Crown Court), a man accused of abusing neighbouring children (R v C, Portsmouth Crown Court) and a young man accused of raping his girlfriend (R v H, Southwark Crown Court).
Recent cases include a man accused of repeatedly sexually abusing his best friend’s daughter (R v L, Snaresbrook Crown Court), an alleged rape in a woman’s bedroom having followed her home and forced access (R v M, Croydon Crown Court), an alleged rape at the Notting Hill Carnival (R v J, Isleworth Crown Court); a father accused of sexually assaulting his daughter’s friend (R v B, Guildford Crown Court); historic allegations of rape of a child (R v M, Snaresbrook Crown Court); commercial-scale controlling of prostitution (R v D, Woolwich Crown Court); and an allegation of sexually assaulting an emergency worker (R v A, Chelmsford Crown Court).
Benjamin has previously acted in cases involving: a masseur accused of sexually assaulting clients (R v M, Inner London Crown Court); a step-father accused of historic allegations of abuse against his step-sons (R v S, Maidstone Crown Court); a couple who abused a young child (R v D, Woolwich Crown Court); alleged multiple rapes of a woman with disabilities (R v T, Harrow Crown Court); accusations of historic familial sexual abuse (R v Y, Isleworth Crown Court); a retired home tutor accused of sexually assaulting a child (R v B, Central Criminal Court); a defendant extradited from Canada in relation to allegations of rape and sexual assault of his niece (R v S, Woolwich Crown Court); teenage boys accused of a gang rape on a school friend (R v H, Croydon Crown Court); and cousins accused of systemic sexual abuse of younger family members (R v A, Warwick Crown Court).
Benjamin is frequently instructed to defend in cases of murder, attempted murder, and manslaughter at first instance and to provide fresh advice on appeal.
He is currently instructed for a fifteen-year-old accused of a joint enterprise murder on a beach (R v C, Maidstone Crown Court), a man who stabbed an associate during an altercation (R v A, Croydon Crown Court), and a shop assistant who stabbed a customer (R v A, Wood Green Crown Court). He is also representing two appellants before the Privy Council in relation to their convictions for murder in Jamaica.
Previous murder cases include:
Benjamin also has experience in relation to complex gross-negligence manslaughter cases, including the death of a restrained customer by three nightclub doormen through positional asphyxiation (R v R, Central Criminal Court) and the death of a patient following a surgical procedure (R v P, Central Criminal Court).
Benjamin is also regularly instructed in relation to road traffic fatalities. He is currently instructed in relation to a collision outside a London nightclub (R v A, Central Criminal Court) and recently represented a woman who had knocked over an elderly man while pulling away from a busy junction (R v Y, Harrow Crown Court) and a schoolteacher involved in a night-time fatality on a quiet residential road (R v S, Isleworth Crown Court).
Benjamin has appeared in numerous significant terrorism cases, including a female ‘lone wolf’ who had planned a suicide attack at St Paul’s Cathedral (R v S, Central Criminal Court) and the founder of the right-wing proscribed group National Action (R v D, Central Criminal Court).
He also acted in two lengthy trials for the first of five defendants alleged to have continued in their membership of a proscribed organisation, contrary to s11 Terrorism Act 2000 (R v J, Birmingham Crown Court).
Benjamin has previously acted for a serial offender in relation to dissemination of terrorist material and encouraging acts of terrorism (R v N, Newcastle Crown Court), and a defendant involved in a multi-handed confidence fraud targeting retired individuals across the south of England that was dubbed the ‘Bank of Terror’ and tried at the Central Criminal Court due to alleged connections to ISIS.
Benjamin is consistently instructed to act for defendants charged with the most serious of offences across the criminal spectrum and is specifically sought to represent individuals charged with unusual offences.
He recently acted for a retired nurse who was tried for sending threatening communications to members of the House of Lords in support of the Assisted Dying Bill (R v O, Southwark Crown Court). Prior to this he was instructed in a five-handed conspiracy to commit grievous bodily harm with intent and joint enterprise false imprisonment relating to an alleged honour attack (R v I, Wood Green Crown Court) and an organised crime conspiracy relating to drugs and firearms arising from the EncroChat hack (R v H, Southwark Crown Court). He also represented a lorry driver accused of conspiring with three co-defendants to facilitate unlawful immigration into the UK (R v M, Newcastle Crown Court).
Earlier examples included the three-month trial of twenty allegations of perverting the course of justice in relation to serious sexual offences (R v B, Bristol Crown Court), and the first trial on indictment without a jury—a £1.75m armed robbery at Heathrow Airport (R v C, Central Criminal Court).
Benjamin also has a wealth of experience defending activists and protestors, including Trenton Oldfield, who disrupted the 2012 University Boat Race; twenty defendants in the Ratcliffe-on-Soar power station case that gave rise to the undercover police officer scandal; and the UK Uncut activists who occupied Fortnum & Masons during a Trades Union Congress rally.
Benjamin is frequently instructed to advise on fresh appeals and applications to the Criminal Cases Review Commission, and regularly appears in the Court of Appeal. He is a contributor to Taylor on Criminal Appeals.
Current cases include the appeals of two animal rights activists who were convicted of crimes instigated by an undercover police officer; several fresh appeals for individuals convicted of sexual offences; and a pending application for leave to appeal to the Supreme Court in relation to the ambit of the statutory offence of public nuisance.
From 2012 to 2021, Benjamin advised and acted for the Shrewsbury Pickets, building workers who were convicted of offences following the first national building workers strike in 1972. Following extensive work by the Shrewsbury 24 Campaign and a referral by the Criminal Cases Review Commission, their convictions were eventually quashed by the Court of Appeal almost fifty years later (R v Warren and others [2021] EWCA Crim 413).
Benjamin regularly represents victims of trafficking who were wrongly convicted of criminal offences (examples include R v AAC [2023] EWCA Crim 15; R v AGM [2022] EWCA Crim 920; R v V(T) [2019] EWCA Crim 1223; R v N [2019] EWCA Crim 984; and R v HTP [2016] EWCA Crim 1959.
Other notable cases include:
Benjamin also has expertise in criminal-related judicial review, such as the quashing and remittal of a sentence due to procedural unfairness in R (on the application of Gatenby) v Newton Aycliffe Magistrates Court [2017] EWHC 3772 (Admin).
Benjamin is co-editor of Human Rights in Criminal Law (Bloomsbury 2023) and has previously contributed chapters to Human Rights in the Investigation and Prosecution of Crime, edited by Jonathan Cooper OBE and Madeleine Colvin, and Taylor on Criminal Appeals, edited by Paul Taylor. He also regularly writes articles and presents seminars on his specialist areas of practice.
Benjamin is a member of the Fraud Lawyers Association, the Criminal Bar Association, and Lawyers for Liberty.