Sean Horstead

Year of Call: 1996

"He can bring his work as a coroner into play in his advocacy, which gives him particular insight. He's very well prepared and has a good grasp of the underlying papers." "I trust his opinion and he's an excellent lawyer."

Chambers UK, 2020

"Strong in cross-examination with an effective inquest technique."

Legal 500, 2020

"He's sensible, practical, effective and a pleasure to work with."

Chambers UK, 2019

"Very articulate and skilled, strong cross-examination and effective inquest technique."

Legal 500, 2019 (Inquests and Inquiries)

"The family adored him and the jury were putty in his hands. He used to do criminal advocacy so he's got a really good jury style and a really good strategy of picking his points."

Chambers UK 2018

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Sean remains absolutely committed to providing a thorough and professional service to his lay and professional clients alike in his twin practice areas focused on Coroners' Inquests and criminal defence.

He is listed in the current Legal 500 as a leading junior in Inquests and Inquiries and ranked in Chambers & Partners 2019 for his work in Inquests.

He remains passionate in his commitment to representing the families of those who have lost loved ones in circumstances where the deceased was in a dependant position in relation to agencies of the state, whether in police custody or in prison.

He will always seek to ensure that any failings of those agencies which may have contributed to the death will be clearly exposed and publicly scrutinised and, where appropriate, individual and institutional accountability demanded.

Sean also has a heavyweight criminal defence practice, with an exceptional acquittal rate, and is regularly instructed as leading junior counsel.

Inquests and Inquiries

Overview

Since 1997 Sean has appeared in coroner's inquests before juries all over the country on behalf of the families of those who have died in police custody, in prison (as serving and remand prisoners) and in connection with police vehicle pursuits. He continues to act pro bono when necessary.

Sean has frequently obtained 'neglect' verdicts and/or highly critical narrative verdicts, leading to the use by coroners of their Rule 43 powers in a number of notable inquests.

Notable Cases

Sean has frequently obtained 'neglect' verdicts and/or highly critical narrative verdicts, leading to the use by coroners of their Rule 43 powers in a number of notable inquests including those into the deaths of:

Scott Robbins (death in Metropolitan Police custody, neglect verdict);

John Sambells (death in Portsmouth Police custody, neglect verdict);

John Everett (death in HMP Norwich, neglect verdict);

Craig Whelan (Greater Manchester Police pursuit death, critical coronial comment). This case was reported in the Manchester Evening News.

Dean Miller and Tunde Allimi (Metropolitan Police pursuit deaths, highly critical coronial comment);

Michelle Allen (death in Metropolitan Police custody, neglect verdict);

Seamus Walsh (police pursuit death, Burnley area);

Gary Butler (Metropolitan Police pursuit death);

Andrew Cliff (death in HMP Holme House, neglect verdict);

Lee Duvall (Metropolitan Police custody death, critical narrative verdict and coronial comment);

John Hinde (Greater Manchester Police restraint choking case, highly critical narrative verdict and coronial comment). For more information, please see INQUEST's press release.

John Hyslop (death in HMP Wandsworth, critical narrative verdict);

Sean Beard (Staffordshire Police restraint choking death, critical narrative verdict and coronial comment). This case was reported in the Burton Mail.

Mohammed Rasuel (death in HMP Wandsworth: neglect verdict);

Jamie Yuksel and Voker Hasa (two boys killed on a railway level crossing: highly critical coronial comment re Network Rail).

Since joining Garden Court in May 2008, Sean's committment to inquest work has continued. Over recent years he has developed a particularly detailed knowledge of the planning, command and control and conduct of police firearms operations having been instructed in two high-profile inquests concerning deaths arising out of such police operations.

In September 2009 he represented the family of Terry Nicholas in a month-long, high-profile inquest arising out of a fatal shooting by a number of Metropolitan Police Firearms Officers. The inquest involved detailed questioning, over weeks, of the Gold, Silver and Bronze Commanders involved as well as the firearms officers directly and personally concerned in the fatal shooting of Mr Nicholas. Issues of operational planning and risk assessment, operational execution and dynamic risk assessment, command, communication and control; officer deployment, strategy and tactics and officer and commander training were all tackled. Matters were additionally complicated by the provisions of the Regulation of Investigatory Powers Act 2000 as applied in an Article 2 inquest context. This case was reported by the BBC.

Over six weeks in October and November 2011 Sean represented the family of Mark Nunes in another high-profile inquest into a fatal police shooting. The inquest was particularly significant in that it involved the first double-fatality arising out of a police firearms operation in England. Again, over a number of weeks Sean was involved in detailed questioning of the senior officers involved in the prior criminal investigation and the subsequent planning and execution of the firearms operation that culminated in the fatal shooting by police marksman of Mr Nunes and his associate, Andrew Markland (the family of whom were represented by Leslie Thomas QC, also of Garden Court Chambers).

Additional inquests of note over the last couple of years or so include:

James Robinson (suicide in prison: narrative verdict)

Callum Mclean (death in Ashton Police Station, Manchester: neglect verdict with highly critical narrative attached and highly critical coronial comment). Further information can be found in INQUEST's press release.

Patrick Ewens (death of an infirm elderly serving prisoner in HMP Swaleside: neglect verdict with highly critical narrative attached and adverse coronial comment);

Barry Taylor (death of an elderly prisoner in HMP Holme House from complications arising from delerium tremens: neglect verdict and highly critical narrative attached). This case was reported via Gazette Live.

Lucy Smith (suicide of a vulnerable young mother shortly after release from police custody in Brighton, Coroner sitting alone: critical narrative verdict);

Michael Spencer (suicide of vulnerable professional father shortly after release from police custody in the Swindon area, Coroner sitting alone. Significant changes to Force policy and practice confirmed in the light of issues arising from the death);

Sean Hardy (death following contact with East Midlands Ambulance Service and Derbyshire Police: narrative verdict highly critical of both EMAS and police; extensive and highly adverse Coronial comment). This case was reported in the Derby Telegraph.

Paul Davies (another police restraint choking death, this time involving South Wales Police: neglect verdict with a highly critical narrative attached. Police National Computer system changed as a direct consequence of the findings at inquest to allow a warning of 'propensity to swallow drugs' to be included when appropriate).

Liam Albert (police pursuit death; inquest held in November 20011 with the jury concluding that the training and conduct of officers and civilian staff involved in the high speed pursuit of 17-year-old Liam from South West London down to Esher directly contributed to his death in the resultant road traffic collision. Arising out of the evidence at the inquest and the critical verdict of the jury HM Coroner for Surrey raised a number of important issues with the Metropolitan Police Service under his Rule 43 powers concerning training, communications and conduct of such pursuits).

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Criminal Defence

Overview

Sean has a thriving Crown Court practice and is instructed in serious cases across the criminal law spectrum as both leading and junior counsel.

Notable Cases

Serious violence

Sean has particular experience in offences involving the most serious violence, armed robbery and firearms. He has been instructed as junior counsel in a several murder trials at the Central Criminal Court including, recently: R v Crawford and Others (summer 2012, led by Dexter Dias QC) and R v Podiapphumey and Others (summer 2013, led by Courtenay Griffiths QC).

Sean has also been instructed as Junior alone in attempted murder: R v Searle. His numerous Section 18 cases, include serious injuries to babies: R v Featherstone and Another (acquitted of all allegations of inflicting injuries to the child); the causing of multiple death by dangerous driving: R v Cherry and Another; multiple robbery of the targeted elderly (eight counts): R v White; armed robbery and conspiracy to rob: R v Samuels and another; (led); R v Eguaba and Others; R v Hussain and Others, (one of two defendants out of eight acquitted: leading); numerous cases involving possession of firearms with intent to endanger life/ commit indictable offences: e.g. R v Harriott (acquitted of two counts of attempted murder); conspiracy to kidnap, false imprisonment, blackmail, threats to kill: R v Hutchison and Others (acquitted on all counts); R v Khurram; R v Green and Others; R v Sinnarsa and Others; R v Gaynor (acquitted).

In February 2011 Sean represented a defendant originally charged with two counts of attempted murder of police officers: R v Ryan Johnson. The defendant was alleged to have made off on foot from police officers following a short car chase and to have stopped and discharged a semi-automatic pistol directly at them from a distance of 40 to 50 feet. After a seven-day trial at Isleworth Crown Court the jury acquitted the defendant of all counts, including attempted section 18 wounding, possession of a firearm with intent to endanger life and possession of ammunition.

Serious public order matters

All manner of serious public order disturbances including, inter alia, organised football violence: R v Row and Others; R v McNamara and Others; conspiracy to cause public nuisance (so-called 'rave' cases), including R v Steinecker and Others (successful application to dismiss against his client leading to the collapse of the case against all defendants); violent disorder: R v Stevens and Others (acquitted of violent disorder and section 18 wounding); R v Harmonjot Singh and Others(acquittal following successful application to exclude evidence of identification obtained in breach of PACE codes); acquitted of two section 18 woundings of the same alleged victim within a three day period: R v Habib Salary and Another.

In July 2011, after a four-week trial at Kingston Crown Court, Sean secured the unanimous acquittal of an internationally renowned and widely respected Sikh religious figure alleged to be the ring-leader in the false imprisonment and serious assault of a Sikh student: R v Suka Singh and Others.

Serious sexual offences

Sean has appeared for the defence in some of the most challenging sexual cases of recent years. In January 2010 Sean was instructed in R v Wells, (reported in the Swindon Advertiser) a month long historic child sexual abuse case involving some 44 counts of rape and indecent assault involving the defendant's daughter and several of her friends.

In R v K another case of historical sexual abuse, the defendant was acquitted of multiple counts of rape, buggery and indecent assault alleged by his step-daughter. The defendant was acquitted of all but four counts of indecent assault, and three of those convictions were subsequently over-turned by the Court of Appeal (see below).

In R v W Sean represented a 14-year-old diagnosed with autism spectrum and significant learning difficulties in a case involving allegations of the rape of two boys under the age of nine and indecent assault of two girls aged four and six: the defendant was just 11 years old at the time of the alleged offences, making him one of the youngest alleged perpetrators of this kind of multiple offending in UK criminal history.

Sean has appeared in a great many rape and serious indecent assault matters, including notably R v Nandasena: an allegation of indecent assault by a care worker upon a patient (leave granted for appeal against conviction, appeal against sentence allowed); and more recently an acquittal in the rape trial of R v Smith.

Serious drugs offences

Numerous cases involving conspiracy to supply drugs of Class A, B and C and/or possession of large amounts with intent to supply the same: R v Roberts (acquitted, 2 kilos of heroin); more recently: R v Harisingh and Another involving 2.4 kilos of cocaine and R v Heath and Others (firearms with intent and possession with intent to supply heroin, crack cocaine and ecstasy). Sean has successfully defended many large-scale cannabis cases including R v Oviahon (acquitted of an alleged importation of 60 kilos of cannabis); and sizeable commercial cannabis cultivation cases: R v Fane and another; R v Webb and Collins.

In April 2009 Sean secured the acquittal of a defendant in a case arising out of one of the largest seizures of cannabis in the history of the Metropolitan Police Service (some four and half tonnes of imported cannabis) at Wood Green Crown Court: R v Musa and Others.

In recent years Sean has appeared in two of the largest conspiracies to import cannabis to the United Kingdom on record. In June 2010, after a six-week trial at Bristol Crown Court, Sean's client was the only one of eight defendants acquitted in a £63,000,000 conspiracy to import cannabis. The Crown and all other defendant's were represented by QCs and juniors; Sean was instructed as a lone Junior. The conspiracy was alleged to have been one of the largest in British criminal history and received widespread press coverage, including by the BBC: R v Stephen Docking and Others.

In February 2011 Sean was instructed as leading junior for the principal defendant in a four-handed three week trial (in the absence of the defendant) at Isleworth Crown Court involving some 32 importations of cannabis amounting to in excess of 16 metric tonnes: R v Nicholas Semple and Others.

In August 2011, at Exeter Crown Court, after a two week trial Sean represented one of two Iranian brothers allegedly involved in a nationwide, large-scale conspiracy, running over some six years, to supply Class A drugs (opium) and money-laundering (involving the transferring back to Iran of large sums of money). Both defendants were acquitted of all counts: R v Yazdani and Yazdani.

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Financial Crime and Confiscation

Overview

Sean has a thriving Crown Court practice and is instructed in serious cases across the criminal law spectrum as both leading and junior counsel.

Notable Cases

Sean's experience covers a broad compass including conspiracy to steal; conspiracy to commit housing benefit fraud; credit card fraud, including large-scale 'skimming and cloning' operations; £500,000 conspiracy to defraud: R v Peters and Others (leading); money laundering: R v Butt and Others, part of HMRC Operation Labici involving in excess of £10,000,000 (leading) (both mentioned above) and was led in an acquittal secured following successful application to stay as an abuse of process in an £8,000,000 tobacco importation case (R v Georgiou). In February 2011 Sean secured an acquittal in a £66,000 housing benefit fraud following a successful submission of no case to answer.

Sean has experience of the Court of Appeal in appealing against conviction and sentence, with and without leave including in R v Cherry reducing a sentence (after trial) for causing death by dangerous driving x 3 and in R v Peters reducing a sentence for fraud offences, having renewed the leave application before the full Court, leading to the Appellant's immediate release. Sean successfully appealed conviction in relation to three counts of indecent assault. In R v K [2009]All ER (D) 71 (Sep) the Court of Appeal quashed the convictions on the basis of submissions that the amendment of the indictment during the trial to include counts of indecent assault as alternatives to rape, where the appropriate alternative of unlawful sexual intercourse was time-barred, was improper.

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Background

Prior to coming to the bar Sean taught International Relations and Human and Civil Rights at the University of Sussex for a number of years. During this period he worked closely with Professor Mary Kaldor on a project funded by the United Nations University analysing the post-1989 revolutions in East and East Central Europe, culminating in the publication of two books, both edited by Mary Kaldor: Citizenship and Democratic Control Contemporary Europe (1996) and The European Rupture: The Defence Sector in Transition (1997).

Interests

Originally inspired by 'The Clash', Sean has played the drums in various bands for well over 25 years, though, sadly, a record contract has yet to materialise.

Latest News

Fresh inquest concludes finding actions of Metropolitan Police contributed to the 1997 death of Onese Power

Sean Horstead of Garden Court was instructed by Daniel Machover of Hickman and Rose solicitors for the family. The family are also represented by INQUEST.

13 March 2019

Jury concludes systemic Met Police failings contributed to pedestrian's death

Sean Horstead represented the family at the inquest, instructed by Andre Clovis and Lucinda Hawthorn of Tuckers Solicitors. 

18 October 2018

Inquest jury finds neglect and a series of failings contributed to death of Deirdre Harvey on mental health ward

Sean Horstead represented the family of Deirdre Harvey at the inquest instructed by Gus Silverman of Irwin Mitchell Solicitors.

31 July 2018

Hillsborough match commander David Duckenfield to go on trial for manslaughter by gross negligence

The trial of Mr Duckenfield is currently listed to start on 10 September.

29 June 2018

Jury concludes that death of Mark Kentish was caused by a period of restraint that was “inappropriate in both method and duration”

The family of Mr Kentish were represented by Sean Horstead of Garden Court Chambers.

1 June 2018

Sean Horstead appointed Assistant Coroner for Kent

We are delighted to announce that Sean Horstead has been appointed Assistant Coroner for Kent.

10 November 2017

Hillsborough Review backs ‘Hillsborough Law’

Seventeen barristers from Garden Court Chambers were involved in the Hillsborough inquests, representing 80 families of those who died.

1 November 2017

Jury concludes unnecessary delays and failures in care contributed to death of Sarah Reed at Holloway prison

Sean Horstead of Garden Court Chambers represented the family of Sarah Reed at the inquest.

21 July 2017

Inquest opens into death of Sarah Reed, found dead in her cell after an acute mental health crisis

Sean Horstead of Garden Court Chambers represents the family at the inquest.

4 July 2017

Hillsborough disaster: criminal charges against six people

Seventeen barristers from Garden Court Chambers represented 80 families at the Hillsborough inquest.

29 June 2017

Sean Horstead and Paul Clark appointed Assistant Coroners for Cambridgeshire & Peterborough

Sean and Paul are both members of Garden Court's Inquests Team.

27 February 2017

Inquest jury highlights failures at HMP Elmley after death of Levi Smith

Levi Smith's family was represented at the inquest by Sean Horstead of Garden Court Chambers, instructed by Beth Handley of Hickman and Rose.

20 February 2017

Jury concludes neglect contributed to death of Dean Saunders at HMP Chelmsford

Dean Saunders' family is represented by Sean Horstead of Garden Court Chambers.

20 January 2017

Garden Court and Stephanie Harrison QC shortlisted for Human Rights and Public Law awards

Garden Court has been shortlisted at the Chambers Bar Awards, whilst Stephanie and our Public Law Team are shortlisted at the Legal 500 Awards.

21 October 2016

Jury finds that litany of gross failures amounting to neglect contributed to vulnerable inmate's 'fire trap' death

Sean Horstead of Garden Court Chambers represented the family at the inquest.

26 July 2016

Garden Court Chambers recognised for “outstanding achievement” following Hillsborough inquests

Garden Court Chambers Hillsborough inquest team wins Outstanding Achievement Award at Legal Aid Lawyer of the Year Awards 2016.

8 July 2016

Hillsborough inquest concludes 96 fans were unlawfully killed

Garden Court Chambers represented 77 families at the inquests.

26 April 2016

Nick Cave’s son’s cliff fall death a tragic accident, Coroner concludes

Sean Horstead of Garden Court Chambers’ Inquests Team represented the family at the inquest.

11 November 2015

Chambers UK Bar Guide ranks Garden Court in Band 1

Garden Court Chambers recognised as a leading set for immigration, social housing, civil liberties, police law, Court of Protection, crime and inquests and public inquiries.

30 October 2015

Garden Court wins Legal 500 crime set of the year award

The winners in these awards are chosen by the Legal 500 as a result of thousands of interviews with firms, sets and counsel.

8 October 2015

18 Garden Court barristers instructed on Hillsborough Inquest

Garden Court Chambers are pleased to announce that 18 Garden Court barristers have been instructed on the Hillsborough inquest.

18 October 2013

Garden Court Chambers recommended as Top Tier Set in Legal 500 2013

Garden Court Chambers is once again delighted to have been recommended as a Top Tier Set in this year's Legal 500. We are recommended in six areas of law as a set, with 11 silks and 27 junior barristers recognised individually.

25 September 2013

Sean Horstead secures damning verdict at inquest into death of Andrew Hall at HMP Holme House

In a damning verdict returned late on Thursday 13 June, the jury in the inquest into the death of Andrew Hall on 27 March 2009 found that he took his own life whilst the balance of his mind was disturbed, contributed to by neglect.

14 June 2013

Anti Squatting Law

160 lawyers signed a letter to the Guardian pointing out that the criminal trespass offence (s 144) was introduced on the basis of misinformation. The offence which deals with squatting in a residential building was introduced into the Legal Aid, Sentenci

27 March 2013

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Education

  • B.A. (Hons.) Politics, First Class, University of Sussex
  • M.A. International Relations, University of Sussex
  • Certificate in Postgraduate Research Skills, University of Sussex

Professional Membership

  • Criminal Bar Association (CBA)
  • Amnesty International
  • Greenpeace
  • INQUEST
  • Inquest Lawyers' Group (ILG) (former member of the ILG Steering Committee)

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