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Research Repository

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It is criminal: The state of magistrates’ court reporting in England and Wales (2019)
Journal Article
Chamberlain, P., Keppel-Palmer, M., Reardon, S., & Smith, T. (in press). It is criminal: The state of magistrates’ court reporting in England and Wales. Journalism, https://doi.org/10.1177/1464884919868049

© The Author(s) 2019. There is a widespread perception that there has been a collapse in court reporting in England and Wales as local legacy media struggles to survive in times of falling revenues and shifting audiences. However, there is little emp... Read More about It is criminal: The state of magistrates’ court reporting in England and Wales.

'Changing culture? Thinking differently about disclosure' (2019)
Presentation / Conference
Smith, T. (2019, January). 'Changing culture? Thinking differently about disclosure'. Paper presented at Disclosure Strategy Training Day, College of Policing

Presentation delivered at the College of Policing (January 2019) for a disclosure strategy training day, aimed at Assistant Chief Constables from police forces across England and Wales.

The “near miss” of Liam Allan: Critical problems in police disclosure, investigation culture, and the resourcing of criminal justice (2018)
Journal Article
Smith, T. (2018). The “near miss” of Liam Allan: Critical problems in police disclosure, investigation culture, and the resourcing of criminal justice. Criminal Law Review -London-, 711-731

Miscarriages of justice have historically acted as catalysts for reform. It seems we only learn to fix the most serious problems — often obvious to those at the coal-face of practice — once the damage is done. Such miscarriages have largely resulted... Read More about The “near miss” of Liam Allan: Critical problems in police disclosure, investigation culture, and the resourcing of criminal justice.

Court reporting and local newspapers (2018)
Presentation / Conference
Keppel-Palmer, M., Smith, T., Reardon, S., & Chamberlain, P. (2018, March). Court reporting and local newspapers. Presented at SLSA Annual Conference 2018

This paper reported on a pilot study carried out by UWE Law and UWE Journalism in January 2018 into reporting of newsworthy stories at the Magistrates Courts. In one week, researchers saw every case heard in Bristol Magistrates Courts, coded these fo... Read More about Court reporting and local newspapers.

The digital revolution: Body worn cameras and ‘street’ interviews (2017)
Journal Article
Johnston, E., & Smith, T. (2017). The digital revolution: Body worn cameras and ‘street’ interviews. Criminal Law and Justice Weekly, 181, 769-771

This article examines the idea that the police can interview suspects away from the police station. The article focuses on the due process concerns of such activity.

The disappearing Ghosh test (2017)
Journal Article
Hall, M., & Smith, T. (2017). The disappearing Ghosh test. Criminal Law and Justice Weekly, 181, 752-754

Matt Hall and Dr Tom Smith write on the recent case of Ivey v. Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67

The early guilty plea scheme and the rising wave of managerialism (2017)
Journal Article
Johnston, E., & Smith, T. (2017). The early guilty plea scheme and the rising wave of managerialism. Criminal Law and Justice Weekly, 181(13), 210-212

This article examines the ramifications of the early guilty plea scheme. The article highlights a number of issues for both adversarialism and ever increasing desire for a more efficient criminal justice process.

The rise and decline of criminal legal aid in England and Wales (2017)
Book Chapter
Smith, T., & Cape, E. (2017). The rise and decline of criminal legal aid in England and Wales. In A. Flynn, & J. Hodgson (Eds.), Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal NeedHart Publishing

In this chapter we argue, with regret, that the prospects for criminal legal aid in England and Wales are bleak. We begin by tracing the development of the modern system of criminal legal aid, from its inception as an essential element of the welfare... Read More about The rise and decline of criminal legal aid in England and Wales.

The practice of pre-trial detention in England and Wales: Research report (2016)
Report
Cape, E., & Smith, T. (2016). The practice of pre-trial detention in England and Wales: Research report

This study of pre-trial detention (PTD) decision-making in England and Wales is part of a 10 country study funded by the European Commission, and managed by Fair Trials. The authors conducted a defence lawyer survey, observed PTD hearings, examined C... Read More about The practice of pre-trial detention in England and Wales: Research report.

The "quiet revolution" in criminal defence: How the zealous advocate slipped into the shadow (2013)
Journal Article
Smith, T. (2013). The "quiet revolution" in criminal defence: How the zealous advocate slipped into the shadow. International Journal of the Legal Profession, 20(1), 111-137. https://doi.org/10.1080/09695958.2013.835906

The criminal defence lawyer has been an integral component of adversarial criminal justice in England and Wales for nearly three centuries. However, over the last two decades this essential role has changed substantially, affected by a changing cultu... Read More about The "quiet revolution" in criminal defence: How the zealous advocate slipped into the shadow.

Trust, choice and money: Why the legal aid reform "u-turn" is essential for effective criminal defence (2013)
Journal Article
Smith, T. (2013). Trust, choice and money: Why the legal aid reform "u-turn" is essential for effective criminal defence. Criminal Law Review -London-, 11, 906-913

This short article discusses the importance of trust in workable relationships between criminal defence lawyers and their clients, arguing that it was essential to abandon the proposed removal of client choice for criminal legal aid clients in order... Read More about Trust, choice and money: Why the legal aid reform "u-turn" is essential for effective criminal defence.

Zealous Advocates: The historical foundations of the adversarial criminal defence lawyer (2012)
Journal Article
Smith, T. (2012). Zealous Advocates: The historical foundations of the adversarial criminal defence lawyer. Law, Crime and History, 2(1), 1-20

The place of the criminal defence lawyer in the modern criminal justice system is a given; everysuspect and defendant expects full representation as a right. However, the defence lawyer appeared surprisingly late in the long and venerable history of... Read More about Zealous Advocates: The historical foundations of the adversarial criminal defence lawyer.

The zealous advocate in the 21st century: Concepts and conflicts for the criminal defence lawyer
Thesis
Smith, T. (2010). The zealous advocate in the 21st century: Concepts and conflicts for the criminal defence lawyer. (Thesis). University of the West of England

The criminal defence lawyer is perhaps the most publicly identifiable and controversial figure in the criminal justice system, and is considered by many to represent the cornerstone of adversarial criminal justice. However, there is significant evide... Read More about The zealous advocate in the 21st century: Concepts and conflicts for the criminal defence lawyer.