Ben Smitten
  • Definitely a future silk. He is technically brilliant, has a very nice court manner and is great at client care.

    Chambers UK 2021

  • He is brilliant in cases involving complex arguments and where there is a large volume of prosecution material.

    Legal 500 2021

  • Mr Smitten provides very detailed and thorough advice, leaving no stone unturned. His work rate is exceptional and he is very impressive with client's building excellent relationships and making them feel very confident. He goes above and beyond to explore every avenue in a case.

    Legal 500 2021

  • A canny tactician with sound judgement.

    Legal 500 2020

  • His detailed preparation on cases is exceptional. He quickly gets up to speed with exceptionally complex cases.

    Chambers UK 2020

  • Ranked as a Leading junior in Crime.

    Chambers UK 2019

  • Immensely hardworking and excellent with clients, who find him unstuffy and refreshing.

    Legal 500 2018

  • He has a knack of finding practical solutions when others fail.

    Legal 500 2017

  • An excellent advocate.

    Legal 500 2016

Called 1999

Ben Smitten

Barrister

Ben has over 20 years’ experience at the highest level of criminal proceedings from pre-charge written advice to appellate advocacy. Ben has experience in criminal defence, private prosecutions and inquests. For over a decade Ben has been instructed on an almost exclusively private basis in relation to all levels of alleged criminality and at all stages of criminal proceedings including the pre-charge stage, pre-trial applications and fully contested trials. His phenomenal results and level of instruction are testament to his work rate and winning strategies.

Ben is a specialist criminal defence advocate and adviser with particular expertise in defending serious and organised crime, large-scale fraud and homicide (from multiple murders to corporate manslaughter). Additionally, Ben is instructed in Inquests, Inquiries, Court Martials and regulatory proceedings (defending in cases bought by the FCA, HSE and Trading Standards).

Ben has been regularly and privately instructed by Mishcon de Reya, Kingsley Napley, BCL (London), Edward Fail Bradshaw and Waterson and Grosvenor Law (Mayfair). These cases have involved representing a range of individuals from company directors (from multiple jurisdictions), foreign nationals, doctors, police officers, professional sports persons and ultra-high net worth individuals.

His work rate, ability and experience in defending in large scale, serious and complex criminal cases is unrivalled. He is committed, extremely hard working and determined.

In 2008, when Ben was first ranked, he was the youngest ranked “Leading Junior” in Chambers and Partners directory.

Since 2015, Ben has been recommended as a Leading Junior in crime in the top 20 criminal barristers (non-silk) in Legal 500.

Ben is qualified to accept instructions on a Direct Access basis.

Ben has a wealth of experience in traditional criminal defence (traditional and white collar), private prosecutions, regulatory and inquisitorial proceedings:

  • Ben represents a retired Chief Superintendent in both inquest and criminal proceedings arising from the Hillsborough stadium disaster.
  • Ben is currently representing company directors under investigation for corporate manslaughter and other health and safety breaches in both inquest and criminal proceedings. https://www.theguardian.com/uk-news/2017/mar/16/man-dies-explosion-former-petrol-station-highgate-north-london-swains-lane
  • Ben is acting in inquest and criminal proceedings for a senior retired police officer in respect of policing issues arising from historical criminal investigations under consideration by the Independent Inquiry into Child Sexual Abuse (Westminster strand).
  • Ben has recently represented a trader in an investigation by the US Department of justice, SFO and FCA in to LIBOR related issues. This matter involves regulatory proceedings by the FCA before the Regulatory Decisions Committee, as well as a criminal investigation by the SFO. The FCA rigorously sought a prohibition order. However, the RDC were persuaded this wasn't an appropriate sanction. Consequently, the trader was the only individual allegedly involved in LIBOR to avoid any sanction.
  • Ben prosecuted in the case of Allseas v PS, the largest successful private fraud prosecution to date involving an attempt to gain control of 100 million euros.

As the recent cases below demonstrate, Ben secures alternative non-custodial outcomes in complex and difficult cases. He tirelessly pursues and secures the best outcomes whether avoiding immediate imprisonment or minimising financial, commercial and reputational damage.

  • R-v-FL - Privately instructed in a fraud by false representation and breaches of Medicinal Regulations for selling a fake Covid-19 Cure. The product had been sent to the US and France and involved evidence from the American authorities. After representations to the CPS about the client's genuinely held belief in the efficacy of the product, the client pleaded to regulatory offences. https://www.bbc.co.uk/news/uk-england-london-53338214, Suspended sentence imposed.
  • R v WD - Privately instructed in an allegation of causing death by careless driving whilst under the influence. Suspended sentence imposed.
  • R v ML - Privately instructed in a knife point robbery allegation with a guideline starting point of 4 years immediate custody. Suspended sentence imposed.

Professional Memberships

  • Association of Regulatory and Disciplinary Lawyers
  • Fraud Lawyers Association
  • Criminal Bar Association
  • Member of the South Eastern Circuit

Directories

  • Recommended as a leader in Crime in Chambers UK 2019
  • Recommended as a leader in Crime in Legal 500 2018
  • ‘An excellent advocate.’ Legal 500 2016
  • ‘He has a knack of finding practical solutions when others fail.’ Legal 500 2017
  • 'Immensely hardworking and excellent with clients, who find him unstuffy and refreshing.’ Legal 500 2018