Tom Smith

Suspects still left in limbo? The continuing challenge of pre-charge bail (2023)
Journal Article

Pre-charge bail has undergone significant reform in recent years. In 2017, changes introduced by the Policing and Crime Act 2017 placed time limits on pre-charge bail. Notwithstanding this attempt to regulate the use of bail more effectively, police... Read More about Suspects still left in limbo? The continuing challenge of pre-charge bail.

Autism and Criminal Justice The Experience of Suspects, Defendants and Offenders in England and Wales (2023)
Book

This collection presents a summary of current knowledge regarding autistic suspects, defendants and offenders in the criminal justice system of England and Wales. The volume examines the interaction between each stage of the criminal justice process... Read More about Autism and Criminal Justice The Experience of Suspects, Defendants and Offenders in England and Wales.

‘Through the back door' Defence perspectives on the rise of managerialism at the expense of adversarial justice (2023)
Book Chapter

This chapter charts the evolution of managerialism in England and Wales through the lens of defence lawyers. Drawn from two PhD studies, the chapter advances empirical evidence of the implicit rise of managerialism in England and Wales. The chapter a... Read More about ‘Through the back door' Defence perspectives on the rise of managerialism at the expense of adversarial justice.

Broadcasting crown court sentencing - A tentative step forward for open justice? (2023)
Journal Article

Pursuant to the Crown Court (Recording and Broadcasting) Order 2020, television cameras have now been permitted to broadcast sentencing remarks made by Judges in Crown Courts. The first such occasion of this was in the case of R v Ben Oliver (2022).... Read More about Broadcasting crown court sentencing - A tentative step forward for open justice?.

Neurodivergence in the CJS and the role of the Bar (Part 1) (2022)
Journal Article

The first of a two-part series of articles examining the experience of neurodivergent individuals (for example, those who are autistic or have ADHD) in the criminal justice system, and how criminal defence barristers can mitigate or aggravate challen... Read More about Neurodivergence in the CJS and the role of the Bar (Part 1).

‘An endlessly strange experience’: Experiences of media reporting on criminal courts during the Covid-19 pandemic (2022)
Report

It is well established that the news media plays a pivotal role ‘in facilitating open justice’ by reporting on the proceedings of the courts. Following the onset of the Covid-19 pandemic and the shutting of physical court rooms in England and Wales i... Read More about ‘An endlessly strange experience’: Experiences of media reporting on criminal courts during the Covid-19 pandemic.

Neurodivergent defendants & the poor lawyer: How might defence lawyers adapt to their clients’ needs? (2022)
Presentation / Conference Contribution

Poor lawyering is arguably, at its core, a failure to be a good lawyer. One method of measuring ‘good’ lawyering is to assess how effectively lawyers discharge their professional duties (for example, acting in the best interests of a client). Whilst... Read More about Neurodivergent defendants & the poor lawyer: How might defence lawyers adapt to their clients’ needs?.

Neurodivergent defendants & the poor lawyer: How might defence lawyers adapt to their clients’ needs? (2022)
Presentation / Conference Contribution

The practice of pre-trial detention in England & Wales - Changing law and changing culture (2022)
Journal Article

Pre-trial detention empowers criminal courts to imprison defendants before they have been convicted of an offence. This is a significant power which should be subject to a rigourous decision-making process. A 2016 study of pre-trial detention practic... Read More about The practice of pre-trial detention in England & Wales - Changing law and changing culture.

Caught in the net: Police powers of investigation and the risks for autistic individuals (2022)
Book Chapter

This chapter examines a specific area of vulnerability in the context of the criminal justice process: the challenges faced by autistic suspects in interactions with police officers, both in public spaces and in custody settings. The needs of neurodi... Read More about Caught in the net: Police powers of investigation and the risks for autistic individuals.

‘‘Side effects may include…’ Protection of suspect and defendants’ rights in England & Wales during Covid-19’ (2021)
Presentation / Conference Contribution

The Law of Disclosure: A Perennial Problem in Criminal Justice (2020)
Book

Changing culture? Thinking differently about police and prosecution disclosure (2020)
Book Chapter

‘Rushing remand’? Pre-trial detention and bail decision-making in England and Wales (2020)
Journal Article

Deprivation of liberty as part of the criminal process is always a significant step, and arguably even more so when the person so deprived has not yet been convicted of an offence. Remand decision making – that is, granting bail or requiring detentio... Read More about ‘Rushing remand’? Pre-trial detention and bail decision-making in England and Wales.

Criminal Procedure and Punishment (2020)
Book

Marketisation and competition in criminal legal aid: implications for access to justice (2020)
Book Chapter

Legal aid, particularly in criminal justice, is a divisive subject. For its most devoted proponents, state funding of legal representation and advice for those accused of crime is a vital public good which helps to uphold values of fairness, justice... Read More about Marketisation and competition in criminal legal aid: implications for access to justice.

'Arresting the decline: Court reporting in England and Wales' (2020)
Presentation / Conference Contribution

Strengths of the pre-trial detention system in England & Wales (2020)
Presentation / Conference Contribution

Disclosure in criminal proceedings: Recent legal and policy developments (2020)
Presentation / Conference Contribution

Criminal legal aid in England & Wales: A practical perspective (2019)
Presentation / Conference Contribution

Tom Smith's Outputs (33)