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Clive Smith, Barrister

Clive Smith imageHaving been called to the Bar in 2003, Clive commenced pupillage in Chambers shortly after. Following the successful completion of pupillage he gained tenancy. Since becoming a tenant, he has enjoyed a strong and diverse crown court practice also undertaking lecturing on evidence and procedure.

Year of call: 2003

Experience

Clive mainly appears in the crown court for the defence and has developed his practice in a number of areas:

Violence

Clive has been instructed in a range of offences against the person; from murder and s.18 to domestic violence cases.  In a violent disorder involving over 10 assailants, his was the only defendant to be acquitted. In domestic cases, he has defended members of the Asian community against whom allegations are increasingly being made as ways to leave an arranged marriage.

Recently, Clive has defended in serious robberies including several cash in transit and armed robberies. These cases have raised complex issues such as mixed DNA profiles left on balaclavas and firearms.  

Drugs offences

Clive has a wealth of experience in drugs cases, particularly in large scale supply cases.  From the "test-purchase" operations conducted almost routinely now, to hi-level cases of defendants at the top of the hierarchy directly importing drugs, Clive has considerable experience in this field.    

Specifically, he has been instructed in a conspiracy to import over 1 kg of 90% purity cocaine, imported through motorcycle helmets from South America. In another case, he represented a client charged in connection with the possession of 25 kg of benzocane, a common cutting agent in drugs. As a percentage of the cut drug, the benzocane was enough to mix between £4-6 million worth of cocaine.

Sexual offences

Clive has represented clients charged with the most serious of sexual offences including rape.  In particular though, Clive has significant experience of cases involving offences committed online.  Specific to these cases is the complex computer evidence often relied on by the Crown.  Ancillary orders are a common feature of these cases and Clive has significant experience of SOPOs including a successful appeal to the Court of Appeal.   

Public Order offences

Aside from offences of violent disorder and the like, Clive has particular experience of Public Order offences of the utmost severity and public importance.

In 2009, Clive was instructed in a conspiracy to possess and distribute racially inflammatory material.  The material was of a far right-wing nature and involved two defendants.  The co-defendant was represented by Queen’s Counsel and junior and the Crown by Treasury Counsel.  Clive’s client however was first on the indictment and Clive appeared alone representing him.  

The co-defendant was the former self-confessed head of Combat-18 during the 1990s.  The case involved complex jurisdictional issues as it was committed across several countries including Poland, America and Jersey.  A further complicating factor was that the investigation was conducted by Special Branch in Jersey although prosecuted in England.  

Following a three week trial which received much publicity in Jersey, Clive’s client was acquitted.

Similarly, Clive was instructed to represent a member of the English Defence League arrested during the Anglian Regiments home-coming parades held in Luton.  This trial post-dated a trial involving a number of Muslim protesters also arrested for their part in the protests.  

Lecturing

As well as Clive’s crown court practice, he has built an enviable reputation in the field of lecturing.  Initially lecturing to solicitors on the CPD courses run by BPP on matters of bad character and hearsay, Clive has broadened both his subject areas and client base.

In recent years, Clive has lectured on behalf of BPP, Pro Conferences and the Solicitors Group.  Delegates back ground and experience levels range wildly, and he has lectured to solicitors, lawyers from the Ministry of Defence, the Crown Prosecution Service and the General Medical Council to name but a few.

Subject areas lectured on include evidence, crown court procedure, advocacy and sentencing.  

Reported cases

R. v. Ghulam [2010] 1 Cr. App. R. 12 CA

Procedure re fitness to plead.

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