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Outputs (41)

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.

Lights, camera, justice: ​An evaluation of the first 12 months of video broadcasting sentencing in the Crown Courts of England & Wales  (2023)
Presentation / Conference
Reardon, S., Gross, B., Keppel-Palmer, M., & Smith, T. (2023, September). Lights, camera, justice: ​An evaluation of the first 12 months of video broadcasting sentencing in the Crown Courts of England & Wales . Paper presented at The Future of Journalism, Cardiff University

On 28 July 2022, the case of R v Ben Oliver made history when the sentencing remarks of Munro J were filmed and broadcast from the Old Bailey, marking the first time cameras were allowed into the Crown Court. This unarguably represented a significant... Read More about Lights, camera, justice: ​An evaluation of the first 12 months of video broadcasting sentencing in the Crown Courts of England & Wales .

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.

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

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
Smith, T., & Johnston, E. (2023). ‘Through the back door' Defence perspectives on the rise of managerialism at the expense of adversarial justice. In E. Johnston, & A. Pivaty (Eds.), Efficiency and Bureaucratisation of Criminal Justice Global Trends. Routledge. https://doi.org/10.4324/9781003207818

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
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).

‘An endlessly strange experience’: Experiences of media reporting on criminal courts during the Covid-19 pandemic (2022)
Report
Smith, T., Reardon, S., Keppel-Palmer, M., & Gross, B. (2022). ‘An endlessly strange experience’: Experiences of media reporting on criminal courts during the Covid-19 pandemic. University of the West of England

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
Smith, T. (2022, June). Neurodivergent defendants & the poor lawyer: How might defence lawyers adapt to their clients’ needs?

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?.

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.

Caught in the net: Police powers of investigation and the risks for autistic individuals (2022)
Book Chapter
Smith, T. (2022). Caught in the net: Police powers of investigation and the risks for autistic individuals. In Challenges in Criminal Justice. Routledge

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.

Justice in lockdown:​​ Court reporting in a ​time of Covid​ (2021)
Presentation / Conference
Reardon, S., Smith, T., Gross, B., & Keppel-Palmer, M. (2021, September). Justice in lockdown:​​ Court reporting in a ​time of Covid​. Paper presented at The Future of Journalism, School of Journalism, Media and Cultural Studies, Cardiff University

In response to the radical changes in the operation of criminal courts in England and Wales (E&W) wrought by the Covid-19 pandemic this paper examines the impact on court reporting and how the much-vaunted principle of open justice is operating in pr... Read More about Justice in lockdown:​​ Court reporting in a ​time of Covid​.

‘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. (2020). 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, 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
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. (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.

'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, Coventry, England

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, Bristol University, Bristol, England

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.

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. Retrieved from https://uwe-repository.worktribe.com/output/974314

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.