Andrew Smith QC Crime

Call: 1997 | Silk: 2012

Head of Chambers

Introduction

Andrew prosecutes and defends in cases of gravity and complexity and is regularly instructed in cases involving allegations of homicide, organised crime and serious fraud. Chambers UK Guide describes him as “an impressive top class advocate who prosecutes and defends in serious criminal cases”.

Andrew attracts repeat instructions from both major firms of solicitors and the Crown Prosecution Service, including the Complex Casework Unit. The cases in which he is instructed frequently attract media interest. His cases often raise novel and/ or complex matters of evidence and procedure.

He has significant experience of homicide cases ranging from the deaths of babies and young children through to gang related murders. Andrew has been instructed in many cases involving organised criminal activity at both a national and regional level. In fraud cases Andrew has represented company directors and other professionals.

Andrew is renowned for his technical excellence and extensive and meticulous preparation. He is said by Chambers UK Guide to be “incredibly intelligent”. The Legal 500 describes Andrew as being noted for his “superior intellect”, “good client manner” and his “ability to grasp facts and issues instantly”.

What the Directories Say:

  • “He is at the zenith of criminal practice and is extremely intelligent and extremely personable.” – Chambers UK 2019
  • “He’s exceptionally bright and has a massive attention to detail.” – Chambers UK
  • “Recommended for both prosecution and defence in serious criminal cases.” – Legal 500
  • “He handles complex cases, and is experienced in homicide, organised crime and serious fraud disputes.” – Legal 500
  • “He is very clever and will find something that no one else picks up. His knowledge, skill and analytical ability are exceptional.” – Chambers UK

Qualifications and Appointments:

  • MA Oxford (Jurisprudence)
  • Queen Mother’s Scholarship from the Middle Temple
  • Recorder on the Midland Circuit since 2009

Other Information:

  • Andrew is a tutor judge for the Judicial College.
  • Andrew is a National Lead Facilitator for Vulnerable Witness advocacy training.
  • Andrew is a member of the Criminal Bar Association.

Fraud, Business and Financial Crime

Andrew has regularly represented professionals charged with fraud and money laundering offences. He is very familiar with the use of forensic accountancy evidence and often advises in cases pre-charge.

Andrew also has substantial experience acting as independent counsel to major police investigations. In particular the investigations often involve the Regional Asset Recovery Team.

Reported Cases:

  • R v Freeman - a case involving money laundering in the context of restraint and confiscation orders imposed following an earlier prosecution
  • R v Parry -  a prosecution arising out of a £1.3 million fraud relating to trading in oil futures
  • R v Le - case involving large scale money laundering of the profits of organised criminal activity
  • R v Sipson - contested high value cash forfeiture proceedings following a lengthy police investigation into alleged money laundering
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Homicide (Murder and Manslaughter)

Andrew is regularly instructed in cases involving the deaths of babies or young children. He has wide experience of calling and challenging the very detailed expert medical evidence often adduced in these types of cases.

Andrew is currently instructed to prosecute a father over the death of very young baby where there are significant issues over the causation of death. Andrew appeared on behalf of the defendant in R v Roberts a case in which the uncle of a young baby was found to have inflicted fatal head injuries. Andrew was instructed for the prosecution in R v Abuhamza and Gordon (the Khyra Ishaq case) where a girl was starved to death. This case attracted national media attention.

Andrew has recently prosecuted a former police officer who sought to solicit the murder of his wife,
R v Harrison.

Andrew also has long experience of homicide cases where the defendant suffered from a mental disorder at the time of the killing. This includes a number of cases where the defendant was diagnosed as suffering from Alcohol Dependency Syndrome.

Reported Cases:

  • R v T and another - Andrew is currently instructed to prosecute 2 individuals following the death of a young child in which there are significant issues of causation
  • R v Delves - a prosecution of a father for manslaughter in which his 9 week old child was shaken causing fatal injuries
  • R v Abdulrahman - the prosecution of a mother for causing very serious injuries to her baby daughter involving substantial psychiatric issues
  • R v Hall - a murder in which the defence of Diminished Responsibility caused by Alcohol Dependence Syndrome was raised
  • R v Ayres - a murder in which the prosecution accepted a plea to Manslaughter by reason of Diminished Responsibility
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Organised Crime and Terrorism

Andrew has substantial experience of cases where Organised Crime Groups are prosecuted for high level criminality including the supply of drugs on a large scale.  Many of the cases of financial crime in which Andrew is instructed, particularly those involving allegations of money laundering, have an organised crime background.

Andrew is very familiar with the law relating to the use and admission of covertyly gathered evidence.

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Restraint and Confiscation

Andrew has regularly appeared in contested applications to vary and/ or discharge restraint orders.

Andrew has extensive experience appearing in very high value confiscation proceedings for both the prosecution and the defence. Many of the cases in which Andrew is instructed arising out of both organised criminal activity and financial crime involve consideration of confiscation issues.

Andrew regularly lectures to barristers and solicitors on developments in the law on restraint and confiscation

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