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.

White Collar Crime

Barry has extensive experience of defending and prosecuting serious fraud. He was previously instructed by the Serious Fraud Office in respect of an ongoing investigation arising out of alleged LIBOR rigging and he is well-versed in the criminal and civil disclosure regimes, including matters pertaining to legal professional privilege. Other white-collar experience includes the defence of Company Directors accused of fraud and insolvency offences brought by the Insolvency Service, the defence and prosecution of trademark offences, and the defence of multi-jurisdictional frauds which raise questions of international law.

Regulatory

Barry has advised and represented clients in regulatory and criminal proceedings brought by Local Authorities, the Care Quality Commission, Trading Standards, the BPI on behalf of the music industry, the Solicitors Regulatory Authority, the Health and Care Professions Council, the Nursing and Midwifery Council, and the British Association of Counsellors and Psychotherapists.

Notable cases include the successful defence of a solicitor and a police officer both accused of perverting the course of justice, and the first ever prosecution of a podiatrist accused of misuse of professional title. He is currently instructed to defend proceedings including those involving deaths in care settings.

Private Prosecutions

Current instructions for private prosecutions include the representation of a French company bringing proceedings in England and Wales arising out of High Court litigation involving trademark and insolvency offences against corporate and individual defendants.

Cybercrime

Barry’s practice increasingly involves aspects of cybercrime. Recently instructions include the defence of City analyst accused of an online fraud against thetrainline.com which involved extensive analysis of internet and other online evidence. He previously defended a private prosecution, brought by the music industry, of a student involved in the operation of widespread internet-based music piracy.

Proceeds of Crime

Barry’s proceeds of crime practice include both prosecuting and defending high level and complex matters brought under the Proceeds of Crime Act 2002, including cases with an international element and hidden assets. He regularly represents clients to appeal and vary confiscation orders.

Notable Cases

NMC v D (2018) – sole junior, client’s fitness to practice found ‘not impaired’ after high profile 3 month NMC tribunal concerning a preventable death in institutional setting

R v M (2018, Wood Green Crown Court) – sole junior, client acquitted of £1m VAT fraud

R v Cole (2018, Court of Appeal) – sole junior instructed by the Crown in precedent setting authority on the application of R v Waya to POCA variations

R v D (2017, Southwark Crown Court) – sole junior instructed by the Crown to successfully prosecute perjury arising out of High Court litigation

R v Casey (2017, Leicester Crown Court) – led junior counsel; murder

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

Appointments

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.

Education

2007 – Clare College, Cambridge (BA, Law)

2008 – Clare College, Cambridge (MPhil, Criminology)

2010 – BPP (BVC)

2013 – London School of Mediation (Accredited Mediator)

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