Skip to main content

Research Repository

Advanced Search

‘Rushing remand’? Pre-trial detention and bail decision-making in England and Wales (2020)
Journal Article
Smith, T. (2021). ‘Rushing remand’? Pre-trial detention and bail decision-making in England and Wales. Howard Journal of Criminal Justice, 60(1), 46-74. https://doi.org/10.1111/hojo.12392

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.

Marketisation and competition in criminal legal aid: implications for access to justice (2020)
Book Chapter
Smith, T., & Johnston, E. (in press). Marketisation and competition in criminal legal aid: implications for access to justice. In K. Albertson, M. Corcoran, & . J. Phillips (Eds.), Marketisation and Privatisation in Criminal Justice. Bristol: Policy Press

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, justi... 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
Smith, T., Reardon, S., Gross, B., Keppel-Palmer, M., & Chamberlain, P. (2020, March). 'Arresting the decline: Court reporting in England and Wales'. Paper presented at HM Courts and Tribunals Services Media Guidance Launch Event, Old Bailey, London, UK

Criminal legal aid in England & Wales: A practical perspective (2019)
Presentation / Conference
Smith, T. (2019, December). Criminal legal aid in England & Wales: A practical perspective. Paper presented at Access to Justice: China – UK Dialogues on Criminal Legal Aid and Effective Defence, SOAS University of London, London

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

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 empirical evidence with w... 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 Need (63-86). (1). Hart 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.