Rabah is routinely instructed in high-profile and complex terrorism and homicide trials. Rabah is also instructed in significant cases as leading counsel or as sole counsel. Ranking him as a leading barrister, the Legal 500’s most recent directory highlighted that “Rabah Kherbane is regularly involved in major cases at the Old Bailey.”

Examples of recent terrorism and homicide cases include:

• R v AH (Old Bailey) – Terrorism trial raising complex issues of law on management of Registered Terrorist Offenders under Pt 4 of the Counter-Terrorism Act 2008. Ongoing 

• R v GN (Old Bailey) – Junior counsel in terrorism trial on dissemination of terrorist publications via Telegram Channel. Ongoing

• R v IM (Old Bailey) – Junior counsel in murder trial on joint enterprise shooting involving eight defendants. Alleged revenge attack. Ongoing

• R v TM (Old Bailey) – Junior counsel in murder trial on joint enterprise shooting with seven defendants. Spontaneous shooting. Ongoing

• R v MS (Old Bailey) – Murder trial where defendant suffering from dementia alleged to have killed his mother. Complex fitness and causation issues. Ongoing

• R v TD (Old Bailey) – Junior counsel in missing body murder trial. Ongoing

• R v MR (Old Bailey) – Junior counsel in murder trial where 14-year-old charged with joint enterprise stabbing at a birthday party. Ongoing

• R v JB (Old Bailey) – Junior counsel in Gray’s Inn Bomb plot terrorism trial, where hoax bombs were planted outside a deputy high court judge and King’s Counsel’s barristers chambers. Case involved covert surveillance evidence and substantial disclosure issues. After a four-month trial, JB was acquitted.

• R v HS (Old Bailey) – Junior counsel in murder trial where 17-year-old charged with stabbing of local drug dealer. HS asserted self-defence. Complex medical, pathologist, and toxicologist evidence. HS acquitted on murder and manslaughter.

• R v IR (Cambridge CC) – Junior counsel in murder trial where 16-year-old charged with murder. IR was acquitted on murder and manslaughter.

• R v PMK (Old Bailey) – Junior counsel in murder trial concerning torture-killing of celebrity Turkish DJ. PMK was acquitted on murder and manslaughter.

• R v SS (Winchester CC) – Junior counsel in terrorism trial on dissemination of terrorist publication offences based on social media use. SS was acquitted.

• R v KA (Old Bailey) – Junior counsel in terrorism trial where young defendant charged with having a machete for terrorist purposes and dissemination of terrorist publications. Complex legal arguments on admissibility of mindset material concerning five proscribed organisations, including ISIS, Taliban, and Al Qaeda. Called expert evidence on theology. After a three-week trial, KA was acquitted.

• R v MI (Reading CC) – Leading counsel for MI, charged with assisting an offender in murder investigation, where his brother stabbed a boy in an ongoing feud in Slough. MI arranged a safehouse, tickets to Somalia, and transport to airport for his brother. Case featured in Channel 4 documentary Catching a Killer: A Stab in the Dark. Dubbed one of Thames Valley Police’s “largest murder investigations.” MI was acquitted.

• R v AA (Newcastle CC) – Terrorism trial (Newton) on dissemination and collection of terrorist materials. Successful outcome.

• R v CB (Old Bailey) – Junior counsel in murder trial where CB charged with murder and conspiracy to pervert the course of justice. CB was the first defendant on the indictment in a seven-handed case, with cutthroat defence from a co-defendant. After a three-month trial, CB was acquitted.

• R v HN (Old Bailey) – Leading counsel in three-month murder and attempt murder trial. HN, a music artist, was charged with perverting the course of justice by assisting in disposal of vehicle used in the double shooting. Complex legal arguments on alleged gang membership and prosecution reliance on rap music as evidence. After a three-month trial, HN was acquitted.

• R v KK (Old Bailey) – Junior counsel in attempt murder and possession of a firearm with intent to endanger life trial. Alleged group hunt of victim, and point-blank shooting with sawn-off shotgun, captured on CCTV. Complex legal arguments under the Investigatory Powers Act 2016, and on confession and ID evidence. KK was acquitted.

• R v JG (Old Bailey) – Joint enterprise attempt murder trial. Arrest operation involved 65+ counter terrorist specialist firearms officers. Framed by a dishonest complainant. JG was acquitted.

Rabah has also successfully represented clients in lengthy, multi-handed, high-profile, and complex cases for other grave offences.

Recent examples include:

• R v NN – Represented high-profile music artist charged with drugs trafficking offences. Ongoing

• R v SD – Represented man charged with stabbing the Finsbury Park Mosque terrorist in alleged revenge attack. Ongoing

• R v IM – Represented defendant charged with organising the gunpoint armed robbery conspiracy of the celebrity and former boxing world champion Amir Khan. Prosecuted by KC and Junior. IM was acquitted.

• R v CM – Represented defendant charged with transfer of firearms linked to contract killings in seven-handed trial. Prosecuted by KC and Junior. CM was acquitted.

• R v HA – Represented defendant in stabbing outside Stepney Green Underground Station. HA was acquitted.

• R v MM – Represented victim of trafficking charged with drugs trafficking offences. MM was acquitted.

• R v SMG – Represented young woman charged with conspiracy to traffic drugs and firearms. SMG was acquitted.

• R v SM – Represented defendant charged with firearms offences. Prosecution relied on DNA and fingerprint evidence, and SM’s presence where firearm was found. SM was acquitted.

Rabah practises in all areas of public law, with a focus on judicial review cases relating to terrorism, national security (such as challenges to TPIMs and proceedings in SIAC), prison law, and criminal justice issues.

Rabah has a track record of successful public law challenges. He is regularly instructed to challenge decisions made by law enforcement authorities, the Parole Board, the prison service, first instance courts, and other public bodies.

Examples of recent cases include:

• G4 v Secretary of State for Home Department – Junior counsel in SIAC appeal against Home Office decision to deprive G4 of his UK nationality on grounds raising national security issues. Ongoing

• MK v The Parole Board – Proceedings on categorisation of inmate convicted of terrorist offences. Ongoing 

• SS v Secretary of State for Home Department – Challenge to prison transfer of SS to Albania under an international treaty. Ongoing

• JNM v Governor of HMP Lewes – Application for writ of habeus corpus granted by out of hours judge.

• PCR – Junior counsel in advice on whether a change in law concerning complex competition law and litigation funding provisions is human rights compliant. Opinion used in House of Lords.

• DF v Metropolitan Police – Judicial review of unlawful police caution issued to young man alleged to have assaulted his father. Caution quashed. Metropolitan Police apologised and implemented individual learning points for all officers involved.

• PA v West Midlands Police – Judicial review of unlawful police caution issued to political protestor. Caution quashed.

• NVT v Secretary of Station for Justice – Successful challenge to the Probation Service’s decision to recall a victim of human trafficking.

• X v SRA and Y – Represented the Interested Party, Y, in challenge related to Solicitors Regulatory Authority investigation for alleged disclosure of sensitive information to a client convicted of murder. Successful outcome for Y.

• Vitalis v SRA and AH – Represented AH, the Interested Party and a practising solicitor, in Claimant’s judicial review of Solicitors Regulatory Authority decision not to investigate misconduct. Claim was successfully dismissed.

• GMC v Surrey Police – Challenge to police failure to properly investigate a half million-pound fraud within an NHS medical practice by an employee. Investigation re-opened.

• LL v CPS – Judicial review of decision to prosecute a 15-year-old for possession of a kitchen knife when found self-harming outside her foster home. Prosecution discontinued.

• CL v CPS – Judicial review of decision to prosecute 14-year-old for supply of Class C drugs at her School which resulted in hospitalisation of several pupils. Prosecution discontinued. 

Rabah is a specialist on sanctions cases. He advises individuals and corporate entities including those facing enforcement for alleged sanctions breaches. Rabah has particular experience of UN and EU sanctions regulations, counter-terrorism sanctions, and the sanctions regimes relating to Russia and Syria.

Rabah has been instructed in sanctions-related challenges in cases both in the UK and abroad.

Rabah has also been instructed in petitions for de-listing. He has challenged UN and EU listings for individuals sanctioned on the basis of alleged membership to proscribed organisations.

Examples of recent cases include:

• RL – Compliance advice. Counter-terrorism sanctions.

• AY – Russian businessman prosecuted for breach of EU sanctions regulations for flying a drone whilst on holiday. 

• LL – Cryptocurrency transactions allegedly traded with companies in Russia and other listed companies. Russia sanctions.

• GG – Licencing case. Russia sanctions.

• Case 97 – Petition for de-listing at the UN on behalf of alleged member of international proscribed organisation.

• Magnitsky Act – Advice on Magnitsky sanctions related to activities in Syria.

Rabah is regularly instructed to advise on fresh appeals against conviction (including CCRC referrals) and sentence. He is experienced in appeals to the Court of Appeal, Supreme Court, the Privy Council, and the European Court of Human Rights.

Rabah has obtained exceptional results in appeals and has also advised on miscarriages of justice for historic convictions. 

Examples of recent cases include:

• R v BD – Appeal on statutory construction of the new statutory public nuisance offence. Ongoing

• R v YX – Interlocutory appeal on statutory construction of provisions within terrorism legislation. Ongoing

• R v XY – Fresh appeal against terrorism conviction. Ongoing

• R v CD – CCRC application on historic murder conviction. Ongoing

• R v AL – Fresh appeal against murder conviction. Ongoing

• R v MM – Fresh appeal against murder conviction, raising issues of jury irregularity. Ongoing

• R v PS – Fresh appeal against conviction for trafficking victim. Ongoing

• R v MO – Fresh appeal against murder conviction and sentence for 18-year-old woman who was sexually assaulted by the deceased at time of stabbing him. Ongoing

• Findlay [2024] EWCA Crim 313 – Successful fresh appeal against sentence of 18 years’ imprisonment after trial judge wrongly categorised offence. The court confirmed “elevated risk” is required for higher harm in sentencing firearms offences.

• Davidson [2022] EWCA Crim 895 – Applications for a sexual harm prevention order must not “go through on the nod” and must be properly presented and properly considered. Full reasons must be given for the imposition of any such order.

• Brown [2022] – Successful appeal against sentence for sexual offences. Ex tempore.

• White [2021] EWCA Crim 141 – Successful appeal against sentence for supply Class A drugs, resulting in immediate release. Novel point on use of licence conditions to allow immediate release on sentence reduction.

• Awil [2020] EWCA Crim 1802 – Recently released judgment. Significant case on the right to a fair trial and permissible judicial comment. Court agreed there had been a failure of fair process and quashed conviction for firearms offences. Court of Appeal agreed that, “an appearance of advocacy on behalf of the prosecution is never appropriate... No judge should appear to enter into the arena. They should be seen to remain the impartial arbiter throughout. That is the essence of being a judge.”

• Omar [2020] EWCA Crim 684 – Successful appeal against sentence of 7 years’ imprisonment. Court confirmed correct approach to offer to supply offences.

• Thomas [2019] EWCA Crim 2426 – Appeal on a point of law in relation to use of untested hearsay evidence during an assessment of dangerousness.

Rabah has acted on sensitive public international law cases. He also has a strong academic background in public international law having both taught and assisted on research at the University of Oxford on issues of state responsibility.

Rabah has advised and represented individuals, non-governmental organisations, international organisations, and foreign government officials. Rabah regularly advises on the interpretation of international treaties. He also advises on compliance with international human rights law obligations.

Rabah is experienced in the use of international law mechanisms to progress a case, including applications before UN bodies and Special Rapporteurs, and proceedings in international, regional, and overseas/domestic courts.

Rabah has experience in international humanitarian law and international criminal law, including in proceedings before international criminal courts, for example in the Karadzic case in the International Criminal Tribunal for the former Yugoslavia.

Examples of recent cases include:

• AA – US diplomat for whom immunity was waived.

• AS – Challenge to arbitrary detention of a former Prime Minister of a Gulf State.

• J v Greece – Application of international law on children’s rights and fair trial rights in appeal against murder conviction and sentence in Greece.

• YA – Application of international human rights law in EU sanctions prosecution abroad.

• GG – Challenge to arbitrary detention of UK national in a Gulf State.

• TA v UK – Submissions in extradition proceedings in Italy on whether detention in HMP Wandsworth, London, complies with international human rights obligations.

• A v France – Application to European Court of Human Rights for relief. Articles 6, 8, and 10.

• M v UK and US – Application to European Court of Human Rights for relief. Articles 2 and 3.

Rabah has expertise in proceeds of crime cases, including restraint, confiscation, and civil recovery. He has experience of POCA/asset recovery cases engaging multi-jurisdictional and multi-million-pound criminal investigations. He has successfully argued the discharge of all assets orders.

Rabah has advised on high-profile and sensitive investigations concerning bribery, corruption, sanctions, and terrorism allegations.

Rabah is regularly instructed in cases concerning all assets orders, account freezing orders and terrorist account freezing orders. 

Rabah accepts instructions in all media and information law cases, including defamation, privacy, data protection, and open justice matters.

Rabah has advised on reporting that may engage the Official Secrets Act. He has expertise on issues related to reporting restrictions and in contempt proceedings.

Rabah has experience in the broad range of issues in extradition proceedings and appeals including fresh evidence appeals. Rabah has successfully argued points related to suicide risk, prison conditions under Article 3, and under Article 8.

Rabah has represented clients in extradition cases involving a range of jurisdictions, including Spain, Hungary, Italy, Romania, Lithuania, and the US; and relating to offences from million-pound fraud and money laundering, to murder, manslaughter, and allegations of membership to proscribed terrorist organisations.

Rabah has experience seeking Rule 39 interim relief and making applications under Article 34 to the European Court of Human Rights. Rabah has experience in extradition proceedings in foreign courts, and international criminal courts.