Hamish McCallum is a civil liberties and criminal defence barrister with particular expertise in Protest Rights, Public Inquiries and Inquests.
He is ranked as a Rising Star for Crime by the Legal 500 (2025).
Hamish is committed to fighting for justice on behalf of his clients in the criminal courts, and those whose human rights are interfered with or have been wronged by the state through oppression, misconduct and bereavement.
He is a passionate and persuasive advocate who is routinely instructed in cases involving difficult evidential issues and novel points of law. His approachable manner puts lay clients at ease and he is adept at communicating complex issues to both judges and juries throughout the criminal, civil and coronial courts.
Criminal Defence
Overview
Hamish is an experienced criminal defence practitioner and is regularly instructed in the full spectrum of criminal cases including murder, serious assault, fraud, drug supply and theft offences. He has built a particular specialism in criminal cases that engage human rights issues, including protest rights.
Much of Hamish’s work involves complex legal or evidential issues, he is excellent at putting clients at ease, and is a particularly skilled and persuasive jury advocate.
Notable Cases
R v AS, Stafford Crown Court
Murder (led) – Defendant charged with murder following a planned group attack, case included extensive phone evidence and disputed forensic evidence
R v ES, Reading Crown Court
Conspiracy – Defendant charged with a conspiracy offence in relation to activities investigated by counter terrorism police. Secured acquittal following argument that defendant’s involvement was not part of the wider alleged conspiracy
R v LP, Bristol Crown Court
Violent Disorder – Secured suspended sentence following plea for defendant charged with violent disorder arising out of the ‘Kill the Bill’ riots in Bristol
R v LF, Isleworth Crown Court
Affray – Secured acquittal following trial concerning affray and conspiracy to commit damage following demonstration in central London
R v MB, Central Criminal Court
ABH – Secured acquittal for defendant charged with assault occasioning actual bodily harm, following successful legal argument excluding character evidence
R v JJ, Lincoln Crown Court
GBH – Defendant charged with GBH following a drunken brawl outside of nightclub, successfully argued lack of intent and secured community sentence
R v AA, Winchester Crown Court
PWITS Class A – Defendant acquitted of possession with intent to supply large quantity of Class A drugs, having successfully argued personal use and despite previous convictions for supply offences
R v TE, Harrow Crown Court
Fraud – Defendant charged with £500k fraud against employer, acted at sentence following plea and subsequent complex POCA proceedings including cross-border issues
R v BA, Central Criminal Court
Theft – Successfully defended in charge of theft of a motor vehicle from car finance provider, having removed it from jurisdiction. Acquitted on the basis of lacking dishonesty
R v BB, Snaresbrook Crown Court
Possession of bladed article – Secured acquittal for young defendant following application to dismiss
Re LCF (Ongoing)
Instructed to provide pre-charge advice in relation to an anticipated food standards prosecution concerning alleged mislabelling of food products
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Protest Rights
Overview
Hamish has considerable experience defending the rights of protestors in the criminal courts, having secured acquittals in dozens of Crown Court and Magistrates’ Court trials and achieved favourable outcomes for hundreds of clients.
He is adept at dealing with legal argument and evidential issues across the full range of public order and protest-related offences, including Public Nuisance, Criminal Damage, Highway Obstruction, Aggravated Trespass, Public Order Act offences, and Theft Act offences committed in the course of protest.
Hamish has also represented protest clients in contempt proceedings and has advised in two High Court appeals. He also welcomes instructions in public law challenges related to the policing of protests or the imposition of injunctions.
Notable Cases
R v AH, Woolwich Crown Court
Public Nuisance – Defendant charged over Insulate Britain M25 protests. Acquitted unanimously after extensive challenge to prosecution evidence concerning impact of obstruction
R v GS, Southwark Crown Court
Represented the first defendant to be tried in the Crown Court for low value criminal damage following s.50 PCSC Act 2022 (damage to memorials) after ketchup was thrown at a statue in Parliament. Trial involved lengthy legal argument around Article 10/11 ECHR and lawful excuse. Unanimously acquitted
R v LF, Isleworth Crown Court
Conspiracy to cause damage – Successfully defended an activist accused of offences in the course of a protest against an arms company. Unanimously acquitted following argument that LF was not part of the alleged conspiracy
R v ES, Reading Crown Court
Successfully defended an animal rights activist charged with conspiracy to steal animals. They were charged following an investigation by counter terrorism police into a group linked with the Animal Liberation Front. The protestor was acquitted after five-week Crown Court trial involving extensive legal argument on law of conspiracy
R v SS, Wolverhampton Crown Court
Criminal Damage – Secured acquittal for a protestor who caused significant damage to the building of a company which supplied the cladding used on Grenfell Tower. The protestor was acquitted of Criminal Damage on the basis that he had a lawful excuse, acted to protect property and/or out of necessity to save lives
R v SA, Inner London Crown Court
Acted for defendant facing contempt of court proceedings related to conduct during an Insulate Britain trial at Inner London Crown Court. Hamish successfully persuaded the judge to impose no sanction
R v CF, Southwark Crown Court
Secured acquittal following trial for two counts of assault of emergency workers (police officers) at a protest during covid restrictions. Forensic review of video evidence in cross-examination showed officers to have exaggerated or lied about the assaults
R v FZ, City of London Magistrates Court
Successfully defended anti-HS2 protestor charged with aggravated trespass following a 48-hour occupation of a crane within the Euston Station HS2 site
Forge Farm 10, Folkestone Magistrates Court
Successfully defended in a five-day trial for aggravated trespass concerning the occupation of an abattoir. Acquitted on the basis of a prevention of crime defence raising issues of animal welfare offences
Arla Dairy 8, High Wycombe Magistrates’ Court
Secured acquittal on the basis of ECHR Articles 10/11 for obstruction of the highway (linked trial with that appealed in DPP v Bailey [2022] EWHC)
Camp Beagle 5, Peterborough Magistrates Court
Single counsel for all five defendants charged under s.14 Public Order Act, secured acquittals having successfully argued that the policing of the protest was itself unlawful, thus rendering the conditions imposed unenforceable
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Inquests and Inquiries
Overview
Hamish is experienced in representing bereaved families in Article 2 inquests and public inquiries.
He is currently acting for the Covid Bereaved Families for Justice UK (CBFFJ-UK) campaign in the Covid-19 Public Inquiry and has previously represented a group of bereaved, survivors and residents in the Grenfell Tower Inquiry.
Hamish’s inquest practice includes police shootings (having acted in the Yassar Yaqub Inquest), deaths in custody, deaths following police contact and in the mental healthcare context.
Notable Cases
UK Covid-19 Public Inquiry
Junior counsel led by Pete Weatherby KC, Allison Munroe KC and Anna Morris KC on behalf of the Covid Bereaved Families for Justice UK (CBFFJ-UK) campaign, a Core Participant in the Covid-19 UK Public Inquiry
Grenfell Tower Inquiry
Seconded counsel to the legal team representing a group of bereaved, survivors and residents in Phase 2 of the Inquiry, with a particular focus on agency failures in the aftermath of the fire
Inquest touching the death of Yassar Yaqub
Police shooting — Represented family of Yassar Yaqub in six-week inquest following his fatal shooting by an armed officer of West Yorkshire Police
Inquest touching the death of JT
Prison death — Acted for the foster mother of JT who died in HMP Manchester with an unascertained medical cause of death. The inquest considered detailed expert pathological evidence including in relation to SUDEP (sudden unexplained death in epilepsy) and toxicology including the availability of the drug Spice in the prison
Inquest touching the death of MG
Mental health death — Represented the family of MG who absconded and committed suicide while on Section 17 leave, the Hospital having failed to inform MG’s relative of the conditions of leave. Jury returned critical narrative conclusion including finding of neglect on the part of the mental health trust
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Claims Against the Police and Public Authorities
Overview
Hamish has a growing practice in Actions Against the Police and Human Rights Act claims. He has successfully advised in cases involving false imprisonment, personal injury, and breaches of the Human Rights Act 1998 and Equality Act 2010.
He welcomes instructions in civil actions against the police and especially in cases arising in the context of protest or otherwise interfering with Articles 9-11 ECHR.
