Barry Smith

Barry is a new breed of barrister who is authorised and qualified to handle all aspects of criminal litigation. He combines intelligent advocacy skills honed in the criminal courts with meticulous case preparation to put him in the best position to advise his clients throughout. He is direct access qualified and an accredited mediator.

As a specialist fraud practitioner with particular experience of banking fraud, publishing fraud and identity document fraud, Barry has been instructed on cases involving unusual cross-jurisdiction issues. He is regularly instructed on complex confiscation and other proceeds of crime matters, including appeals and variations when not instructed at first instance.

Barry is regularly instructed to defend white collar professionals before criminal, employment and regulatory tribunals. He sits as an appointed clerk to the Council of Inns of Court Disciplinary Tribunal (Barristers) and his clients include the police and solicitors. Barry has advised and defended in proceedings brought by the Health Care Professions Council, the Care Quality Commission, Trading Standards, the BPI on behalf of the music industry, and the Solicitors Regulation Authority.

Other areas of experience include prison law (including the representation of IPP prisoners before the parole board) and representation before the Mental Health Tribunal.

Barry is currently instructed by the Serious Fraud Office in relation to an ongoing investigation, and is a grade 2 prosecutor for the CPS.

Notable cases

R v Marcou (2015, Southwark Crown Court) – led junior counsel; successful defence of former Company Director accused of £9m factoring fraud

R v Leahair (2015, Liverpool Crown Court) – led junior; defence of £5m publishing fraud (5-year investigation involving 1tb of data)

R v O’Hanlon (2013, Worcester Crown Court) – led junior; successful defence of solicitor accused of perverting the course of justice

R v Symon (2012, Preston Crown Court) – led junior; successful defence of ex-Matrix police officer accused of perverting the course of justice

R v Omarsdottir (2016, Liverpool Crown Court) – sole junior, multi-handed drugs allegations concerning 7kg heroin and the laundering of over million euros

R v Hodgkinson (2016, Southwark Crown Court) – sole junior, allegation of burglary/blackmail committed in the context of a cross-border business dispute

R v Dunkley (2014, Kingston Crown Court) – sole junior, s.18 OAPA; allegation that the defendant caused severe facial burns to his ex-partner by setting her alight whist she was sniffing gas

R v Price [2013] EWCA Crim 1283 – sole junior, successful appeal against sentence concerning the effect of section 70 Legal Aid, Sentencing, and Punishment of Offenders Act 2012 on the CJA 2003

R (Shea) v Winchester Crown Court [2013] EWHC 1050 (Admin) – judicial review; case concerned the interpretation of the Bail Act 1976


2012 – Clerk to the Council of Inns of Court Disciplinary Tribunal

2008 – Board Member, Independent Monitoring Board (HMPs Highpoint and Belmarsh)

2009 – Panel Member, Lewisham Youth Offending Team

Prizes and Scholarships

2010 – Queen Mother Scholar (Middle Temple)

2008 – Lopez-Rey Prize (Institute of Criminology, University of Cambridge)

2007 – Thirkill Prize (Clare College, University of Cambridge)

Other experience

Prior to being called to the Bar, Barry worked at the Home Office to develop aspects of the Crime and Security Act 2010 (Domestic Violence Prevention Orders) and also was a support worker for adults with learning disabilities for a south London charity.


2007 – Clare College, Cambridge (BA, Law)

2008 – Clare College, Cambridge (MPhil, Criminology)

2010 – BPP (BVC)

2013 – London School of Mediation (Accredited Mediator)