Emma Stuart-Smith

Called 2009

Emma Stuart-Smith

Barrister

Emma’s practice encompasses all areas of criminal defence work, focusing particularly upon serious violence, sexual offences, drugs, firearms, money laundering and fraud offences. She has experience dealing with the issue of dangerousness and hospital orders.  She is also experienced in confiscation and enforcement proceedings, as well as ancillary orders that may be imposed at sentence.   

Emma is a personable and accessible advocate and has particularly strong experience representing young and vulnerable defendants, including those with learning and communication difficulties and mental health issues.   She has conducted a number of trials where the defendant has had the benefit of an intermediary and is used to advising on these issues and the question of fitness to plead.  She was a contributory author to the Advocate’s Gateway Toolkits. She has completed the 2017 "Advocacy and the Vulnerable Training", which focusses on the questioning of vulnerable witnesses in serious sexual sexual offences. 

Emma previously worked in prisons in Malawi and Pakistan, and for the Howard League for Penal Reform where she specialised in representing young people in custody in all areas of post-conviction law.

She has experience appearing in the High Court and Court of Appeal as well the Crown Court.  She receives instructions as a junior alone and a led junior.

Associated with Crime, Human Rights & Confiscation.

Articles and Associated work

  • Contributory author to “Abuse of Process” 3rd Edition, by Colin Wells, Oxford University Press
  • Contributory author to “Research Handbook on International Financial Crime”, Edited by Barry Rider, published by Edward Elgar Publishing, 2015.
  • Contributory author to Advocate’s Gateway Toolkits on behalf of the CBA.
  • Co-authored response on behalf of CBA to the Criminal Justice and Courts Bill.  Attended with Head of the CBA to give oral evidence before the Criminal Justice and Courts Bill Committee.
  • CBA working group for the Punishment and Reform: Effective Community Sentences and Effective Probation Services consultations, Contempt of Court, and Guidelines on Concurrent Jurisdiction consultations
  • Youth Justice - Two words a world apart", Criminal Law & Justice Weekly, VOL 176(23), 332-333; C.B.Q. 2012, 2(Sum), 13.
  • Guest lecturer on "Extradition and Surrender" on the BPP LLM Trans-National Criminal Justice Module.
  • Criminal Bar Association committee –representative for those under 7 years call (2013-2016);

Professional Memberships

  • Criminal Bar Association
  • Young Legal Aid Lawyers
  • The Howard League for Penal Reform