Laura Herbert.
What others say:
"Laura is an excellent specialist practitioner in extradition."
"Her drafting and advocacy is second to none."
"She is excellent. Her advocacy is incisive and to the point." Chambers and Partners 2025, Extradition
- 'Laura is an excellent lawyer whose analysis is spot on. She is particularly adept at getting to the heart of the matter. Her submissions are clear and to the point. She is consistently fair and has the trust of judges.' Legal 500 - International Crime and Extradition, Leading Juniors Tier 2, 2025
- Legal 500 - International Crime and Extradition, Leading Juniors Tier 2.
Practice profile:
Known for her clear and cogent advice she is a persuasive advocate specialising in extradition, regulatory law and inquests. Her practice is built upon robust advocacy skills and her ability to understand her clients’ needs and provide clear guidance.
Laura acts for both the requesting state and the individual which gives a her a broad understanding of arguments raised on both sides. Laura also advises individuals pre-request, and has advised prosecutors on the merits of issuing extradition requests and has successfully defended judicial review proceedings relating to extradition matters.
As part of her regulatory practice Laura has advised on criminal prosecution, negotiations with trade unions and undertaken independent reviews on compliance. She has worked with a range of regulators from the Bank of England to the Civil Aviation Authority (‘CAA’).
Laura also represents registrants at fitness to practice hearings before their professional bodies and with her High Court experience undertakes appellate work in this area, advising on appeals made by the Standards Agency (‘PSA’).
Laura accepts instructions in crime from both the prosecution and defence. She has run successful defences to s.18, possession with intent to supply class A, and a multi-handed robbery in the Central Criminal Court.
Present and recent instructions:
- USA v JGS - Acting for a Mexican national accused, as part of a drugs cartel of supplying Class A drugs into the USA. Issues of ICE detention, exorbitant sentences and interpretation of USA v El Khouri [2025] UKSC 3
- M & O v Romania - Acting in the joint appeals as led junior before the Divisional Court in relation to the interpretation of the Supreme Courts decisions as to ‘deliberate absence’ and sufficiency retrial rights.
- Latvia v JD - Acting on appeal for an individual wanted for drugs supply who alleges being a victim of human rights abuses in Prison, raising Article 3 ECHR and s.25 Extradition Act (mental health).
- Lithuania v RS - Acting for victim of human trafficking who suffered from complex PTSD accused of ‘importing’ (buying small amount of cannabis from Netherlands). Warrants discharged under s.21A Extradition Act 2003
- R (on the application of P) v City of Westminster Magistrates' Court - Acting for the CPS extradition unit in a successful defence of a judicial review of the District Judge’s decision to find ‘reasonable cause’ for failing to extradite the individual within the statutory timeframes.
- Inquest (Death of SH) - acting for the family in Article 2 inquest in relation to suicide in custody
- Inquest (Death of ROA) - acting for a nurse following death of a child with a tracheostomy in supported accommodation following an alleged lack of observation
- KS v DBS – Acting for KS in an appeal heard by a Presidential Panel appointed to decide the proper approach for the Upper Tribunal to take to the issue of proportionality of a decision of DBS
- LF v EWC - advised LF on appeal, drafted perfected grounds as a result of which EWC accepted issues with FTP decision. Agreed consent order varying conditional registration order to reprimand.
- LB v DBS - Permission granted at oral hearing for a care worker accused of causing emotional and physical harm to clients. DBS ordered to obtain or explain their reasons for failing to provide evidence. To be heard before UT
Qualifications:
- BA(Hons) History, University of York
- LLB (Hons) Law, College of Law
- Major scholarship (2008), Inner Temple
Appointments:
- CPS Extradition Panel – Level 3
- CPS Panel (Crime)- Level 2
Laura is qualified to accept instructions from clients through the Direct Access scheme.
Practice Areas:
Laura qualified at the bar undertaking only criminal defence work and therefore has many years of experience in this area. She is a persuasive and unwavering advocate which is matched by her written arguments. She puts her clients first and is not afraid to make ‘difficult’ applications/ raise novel defences.
Laura is experienced in cases where extradition and regulation cross over into criminal prosecution and provides advice to both prosecution and defence in this area.
Laura is on the SFO Panel C and is a CPS Level 2 prosecutor.
Laura also represents registrants at fitness to practice hearings before their professional bodies and with her High Court expertise undertakes appellate work in this area, advising on appeals made by the Standards Agency (‘PSA’). Arising from this area she also advises and appears in relation to appeals to the Upper Tribunal on Disclosure and Barring Service (DBS) decisions to bar.
Laura also advises and represents care homes, nurseries and schools on Ofsted and CQC enforcement action and has successfully defended appeals under the Health and Social Care Act 2008.
Recognised by both Chambers and Partners and the Legal 500, Laura has a busy practice that see her regularly appear in the High Court before the Single Judge and Divisional Court on extradition appeals. Laura is frequently instructed in leading complex cases including those before the Divisional Court with arguments ranging from the application of EU law and the Trade and Cooperation agreement, technical arguments in relation sufficiency of information in extradition requests, as well as Human Rights and modern-day slavery. Laura is also experienced in judicial review proceedings arising from extradition matters and has successfully defended these at the High Court.
Laura acts for both the requesting state and the individual which gives her a broad understanding of arguments raised on both sides. Laura also advises individuals pre-request and has advised prosecutors on the merits of issuing extradition requests.
Laura is on the CPS Extradition Panel – Level 3
Laura accepts instructions acting for interested persons (IP’s) at inquests. She has acted for families, individual IPs (health care professionals and prison officers) as well as for care homes. She has been described as having ‘really skilled’ witness examination and is commended on her sensible and friendly approach.
Notable cases:
CAA v Henderson- Cardiff Crown Court
Junior Counsel acting for the CAA in the successful prosecution of the operation of the aircraft who organised the flight taken by the footballer Emiliano Sala which crashed into the sea killing the footballer and the pilot. Click here for more information.
KS v Disclosure and Barring Service [2025] UKUT 45 (AAC)
Acting for KS in an appeal heard by a Presidential Panel appointed to decide the proper approach for the Upper Tribunal to take to the issue of proportionality of a decision of DBS
SD v Disclosure and Barring Service [2024] UKUT 249 (AAC)
Acting for SD arguing that the DBS had made mistakes of fact or law in relation to a barring decision of a child support worker
Home Angels v CQC [2023[ UKFTT 9 (HESC)
Two day appeal at the Royal Courts of Justic. Successful appeal of the CQC decision to refuse to vary a registration condition
PSA v ML
Advise on defending the appeal under s.29 (4) of the National Health Service Reform and Health Care Professions Act 2002, including a failure to charge dishonesty.
NMC v CW
Successful defence of FtPC serious allegations of serious misconduct of a mental health nurse with ADHD.
LF v EWC
Advised LF on appeal, drafted perfected grounds as a result of which EWC accepted issues with FTP decision. Agreed consent order varying conditional registration order to reprimand.
CAA v Hoare
Successful prosecution of a paramotorist for breaches of the Standardised European Rules of the Air (‘SERA’) and breaches of the Air Navigation Order. Advised and successfully applied for a restraining order on conviction- the first time the Authority has used these powers
Mohammed & Oprea v Romania [2025] EWHC 1671 (Admin) - Acting in the joint appeals as led junior before the Divisional Court in relation to the interpretation of the Supreme Courts decisions as to ‘deliberate absence’ and sufficiency retrial rights.
R (on the application of Pabian) v City of Westminster Magistrates' Court [2025] EWHC 1255 (Admin) - Acting for the CPS extradition unit in a successful defence of a judicial review of the District Judge’s decision to find ‘reasonable cause’ for failing to extradite the individual within the statutory timeframes.
Brockwell v Westminster Magistrates Court [2022] EWHC 1662 (Admin) – Judicial Review before the Divisional Court considering the application of s.8B Extradition Act 2003 for a requested person wanted by Ireland on an arrest warrant but is serving an IPP and discretionary life sentence in the UK. See press article here.
Lewandowski v Polish Judicial Authority [2021] EWHC 2049 (Admin)- successful extradition appeal under s.21A Extradition Act 2003- the District Judge failed to consider the ‘proportionality bar’ in his decision and if he had done would have found extradition disproportionate for such a minor offence.
Patman & Another v Slovakia [2020] EWHC 3512 (Admin) – extradition appeal on behalf of the requested person arguing ‘Forum Bar’ under s.19B Extradition Act 2003. The requested persons were accused of conspiracy to murder. See press article here.
R v Poland [2018] EWHC 3696 (Admin)
Representing the requested person who had been a victim of human trafficking from Poland. He was a key witness in the first successful prosecution for modern day slavery. For the full article see: https://www.bbc.co.uk/news/uk-48736957
Cimieri v Italy [2018] 1 W.L.R. 2833
Key case arguing that the bar under s.12A (lack of prosecution decision) could be argued using extrinsic evidence
Wisniewski v Poland [2016] 1 WLR 3750
Leading case on the meaning of ‘fugitive’.
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