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All Outputs (15)

Autistic and accused: A critical discussion of contemporary challenges to fair and effective criminal proceedings for autistic suspects and defendants (2023)
Journal Article
Smith, T. (2023). Autistic and accused: A critical discussion of contemporary challenges to fair and effective criminal proceedings for autistic suspects and defendants. Criminal Law Review -London-, 43-64

Examines the challenges facing autistic people suspected, accused or convicted of crime from a socio-legal perspective. Discusses problematic legal procedures from initial contact with the police, pre-trial custodial interaction to trials and sentenc... Read More about Autistic and accused: A critical discussion of contemporary challenges to fair and effective criminal proceedings for autistic suspects and defendants.

Suspects still left in limbo? The continuing challenge of pre-charge bail (2023)
Journal Article
Dehaghani, R., Smith, T., & Newman, D. (2023). Suspects still left in limbo? The continuing challenge of pre-charge bail. Criminal Law Review -London-, 492-511

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.

Broadcasting crown court sentencing - A tentative step forward for open justice? (2023)
Journal Article
Keppel-Palmer, M., Smith, T., Reardon, S., & Gross, B. (2023). Broadcasting crown court sentencing - A tentative step forward for open justice?. Entertainment Law Review, 34(1), 1-3

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
Smith, T. (2022). Neurodivergence in the CJS and the role of the Bar (Part 1). Counsel Magazine,

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).

The practice of pre-trial detention in England & Wales - Changing law and changing culture (2022)
Journal Article
Smith, T. (2022). The practice of pre-trial detention in England & Wales - Changing law and changing culture. European Journal on Criminal Policy and Research, 28, 435–449. https://doi.org/10.1007/s10610-022-09504-y

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.

‘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.

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. (2021). It is criminal: The state of magistrates’ court reporting in England and Wales. Journalism, 22(9), 2404-2420. 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.

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.

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 "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.