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. News link.
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 - Instructed privately by Sam Healey of JMW Solicitors in respect of an allegation of causing death by careless driving whilst under the influence. An immediate custodial sentence was avoided. Click here for further details.
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
South Eastern Circuit

Testimonials

"Ben Smitten is a sought-after junior who acts exclusively as a criminal defence advocate and adviser in murder, large-scale fraud and serious organised crime cases. He also frequently defends UK nationals charged with criminal offences in other jurisdictions. Smitten mainly accepts privately funded cases unless the matter is of public importance, such as the inquest and criminal proceedings arising from the Hillsborough stadium disaster." Chambers UK 2023, Crime
"His advocacy and written skills are both exceptional." Chambers UK 2023, Crime
"He is so methodical and puts in so much hard work that as a result he achieves very positive results." Chambers UK 2022
'Ben is a perfectionist and his work is a reflection of this. His case preparation is beyond thorough and nothing is too much trouble when there is work to be done. He has a good rapport with clients and is able to break things down in a way that makes them feel at ease. He is extremely efficient and always ensures that deadlines are met and that what should be done, has been.'Legal 500 Crime 2022
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

High Profile Crime

R v Alan Foster - Acting for a retired Chief Superintendent in both inquest and criminal proceedings. He faces 2 counts of perverting the course of public justice arising from the Hillsborough stadium disaster in 1989. The trial is to take place 30 years after the alleged offences. He is alleged to have unlawfully amended the witness statements of officers’ present on the day of the disaster before they were submitted to Lord Justice Taylor who was chair of an Inquiry into the causes of the disaster. Lord Justice Taylor made recommendations that changed arrangements at football matches to this day including all seater stadiums. The case presently involves approximately 2.1 million pages of material and has received unprecedented national and international press coverage for close to 30 years. The CPS have stated publicly that the Hillsborough investigations have been the largest in English criminal history. The case concluded with a successful submission of no case to answer and directed not guilty verdicts on all counts. News Link. Further News Links: https://www.efbw.co.uk/site/blog/efbw-blog/addendum-press-release-re-hillsborough-verdict; ttps://www.bbc.co.uk/news/uk-england-merseyside-57172900; https://www.dailymail.co.uk/news/article-9620595/Two-police-officers-forces-lawyer-cleared-perverting-case-justice.html
Allseas v PS - Privately instructed by Mishcon de Reya in the largest ever private prosecution of an individual charged with a conspiracy to defraud a company of 100 million Euros. The alleged fraudulent investment scheme was said to involve unprecedented returns from trading in Medium Term Notes via the Vatican and US Federal Reserve. This complex and multi-jurisdictional fraud had alleged co-conspirators and acts in furtherance of the conspiracy in the USA, Malta, Switzerland, Hong Kong and the Netherlands. News Link
R v Ian Beckford & 6 Others - Mr Beckford was the principal defendant charged with the triple murder of 3 young Muslim men during the August riots in Birmingham. It was alleged that Mr Beckford in a concerted plan with 6 others had lured the men, said to be defending business premises, into the road to run them down. The case received widespread media coverage with over 20,000 attending the funeral of the men. The case lasted 3 months and Mr Beckford was unanimously acquitted on the basis that the deaths were in fact a tragic accident.
R v Massey- Junior Counsel for 1 of 10 defendants including 8 police officers indicted with perjury and conspiracy to pervert the course of justice arising out of the “Cardiff 3” case in which it is alleged that 5 men were “fitted up” for the murder of Lynette White, a prostitute in Tiger Bay, Cardiff in 1988, 23 years after the alleged miscarriage of justice. This was the first Murder to feature on the BBC’s Crimewatch programme. The Prosecution offered no evidence after six months of an eight-month trial and formal not guilty verdicts were entered.
R v Roshonara Choudhry - Represented 21-year-old female charged with the attempted murder of Labour MP Stephen Timms at his surgery in East London. The defendant refused to recognise the jurisdiction of the court.
Ronald Arthur Biggs v Secretary of State - Briefed to secure the release of the Great Train robber on compassionate grounds by petitioning the Home Secretary.
R v Michael Carroll (aka “the king of Chavs”) - Defended Michael Carroll, (aka "The Lottery Lout" and "King of Chavs") who admitted causing affray at a Christian rock festival.

Recent instructions include

R v WD - Instructed privately in respect of an allegation of causing death by careless driving whilst under the influence. An immediate custodial sentence was avoided. Click here for further details.
R v ML - Instructed privately in respect of an allegation of knife point robbery. An immediate custodial sentence was avoided and a suspended sentence with a drug rehabilitation requirement was imposed.
R v FB & Another - Privately instructed by Kingsley Napley on behalf of 2 defendants alleged to have defrauded the Ministry of Defence whilst running a removals and storage business. Despite a 3-month trial listing and over 160,000 pages of evidence, following service of an Abuse of Process application, the prosecution offered no evidence against both defendants.
R v PW - Privately instructed to defend in an allegation contrary to section 16A of the Firearms Act 1968. It was alleged by 3 eye witnesses that the defendant had placed a shotgun in the face of a man and discharged it above his head. The defendant was unanimously acquitted following a 2-week trial.
R v OC - Privately instructed by Edward Fail Bradshaw and Waterson. The defendant faced an allegation of grievous bodily harm with intent. The defence was one of self-defence. The complainant was in a coma for 8 weeks and underwent a 6-month rehabilitation programme. The case involved complex issues of causation (and numerous experts) in that the injured party had suffered a head injury earlier on in the same evening, how many blows were inflicted was in dispute and there was argument in respect of how the brain injury was caused. The defendant was unanimously acquitted following trial in less than 1 hour.
R v CM - Privately instructed by BCL to defend a 16-year-old son of a Deputy High Court Judge who struck the family housekeeper with a cricket bat over the head Eventually the prosecution accepted a plea to Section 20 on the basis that given the defendant’s schizo-effective disorder he could not form the requisite intent. The defendant was remitted to the Youth Court and made the subject of a referral order.
R v KM - Privately instructed by BCL to defend a 21-year German national charged with robbery. This girl developed paranoid schizophrenia on a visit to England and inexplicably pulled a knife on the complainant on a bus. Successful application to dismiss on the basis that she could not form the requisite intent. She was then transferred to a secure hospital in Germany and reunited with her family.
R v RC - Defended a Muslim fundamentalist who had stabbed labour MP Steven Timms with a knife at his surgery (instructed by Edward Fail Bradshaw and Waterson).
R v SC - Instructed to represent a female charged with attempted murder by stabbing her husband 16 times whilst in a depressive psychotic episode. Plea to Section 20 accepted.
R v EW - Instructed to represent a defendant with severe mental health problems who allegedly attempted to murder his parents with a Samurai sword. Plea to Section 20 accepted.
R v X - Privately instructed to represent a fund manager alleged to have committed a serious sex offence. Prosecution did not proceed following post charge representations and offered no further evidence.
R v LB - Privately instructed by BCL to represent a former police officer in a sentencing appeal who had pleaded guilty to misconduct in a public office following numerous relationships with witnesses and victims of crime.
R v AF - Represented a world-renowned podiatrist who stabbed her husband’s lover 18 times at a Cambridge Halls of Residence (privately instructed by Edward Fail Bradshaw and Waterson). Acquitted of attempted murder and Section 18 on the basis she had not formed the requisite intent.
R v AC - Privately instructed by Mishcon de Reya to defend area manager of a bank charged with fraud. Defendant acquitted following trial.
R v MD - Privately instructed by Grosvenor Law (Mayfair, London) to defend a business man charged with assault on a member of British Airways staff. Acquitted following trial.
R v SK - Privately instructed by Edward Fail Bradshaw and Waterson (Paul Harris) to defend a Saudi born doctor with voyeurism. Following representations, the prosecution did not proceed with charges.
R v PH - Privately instructed by Edward Fail Bradshaw and Waterson (Paul Harris) to defend an LTA performance coach with exposure. Defendant acquitted after trial.
R v OA - Privately instructed to represent a close protection security officer charged with a serious assault in a Mayfair nightclub who faced deportation if convicted. Defendant acquitted following a successful submission of no case to answer.
R v JC - Privately instructed to represent a jeweller charged with £750,000 of money laundering. Following negotiations with the prosecution confiscation was limited to just over 10% of the alleged value of the laundering and the defendant avoided an immediate custodial sentence.
R v DD - Privately instructed by BCL in respect of alleged breaches of Directors Disqualification (by the father of a commercial barrister). Prosecution persuaded not to pursue the defendant and offered no evidence.

Homicide - Ben has been instructed in approximately 30 murders, which include the following:

R v Mohammed Nadir Dafallah - 3 handed murder case in which the Prosecution allege that owing to an unspecified fallout over drugs 3 men in a joint enterprise stab a man to death. Significant legal argument in respect of bad character evidence (in respect of the defendants and the deceased), a cut throat between 2 of the defendants and the stabber. 4 week trial. Dafallah unanimously acquitted. News Link
R v Abaraye Campbell & 4 Others - Ben was recently instructed to defend in a 5 handed joint participation murder. It was alleged that the 3 principals had beaten the deceased to death after being captured on CCTV chasing him whilst armed. Despite Campbell being armed moments before the fatal attack he was unanimously acquitted following an 8 week trial.
R v Beckford & 6 Others - Representing the lead defendant in the alleged triple murder during the 2011 summer Birmingham riots. The case received widespread and continuous press attention as the defendant was caught on CCTV swerving into a crowd of Muslims. The incident on 10th August 2011 and the actions of those involved were said to be the catalyst which resulted in the cessation of the riots. Defendant acquitted following a 3-month trial.
R v Kwakye & 3 Others - Represented a 17-year-old girl of good character charged, along with 3 other males, with the murder of a 15 year old boy in Camberwell. Defendant acquitted following a successful submission of no case to answer.
R v Sackey & 11 Others - One of the largest murder trials in the history of the Old Bailey. Represented a defendant charged with murder, attempted murder and violent disorder along with 11 others. 3-month trial. Defendant acquitted.
R v Hines & 6 Others - Briefed to represent defendant charged with 7 others with conspiracy to murder. Defendant acquitted.
R v Tilling – Defendant charged with murder after infliction of a fatal head injury during the world cup. Defendant acquitted.
R v Gannon & 4 Others - 5 handed murder in which victim beaten to death whilst in the process of burgling one of the defendant’s flats. Murder trial lasted 3 months. Defendant acquitted.
R v Foster - Attempted murder in which defendant (a 60 year old female of good character) stabbed her husband’s lover 18 times in a Cambridge Halls of Residence and blinded the victim in one eye. Defendant acquitted of attempted murder and grievous bodily harm with intent.
R v Bateman - Defendant charged with the murder of his cousin by stabbing him in the heart with a samurai sword. Defendant acquitted.
R v AD & 2 Others - Represented the principal defendant alleged to have murdered the victim (his paralysed brother’s full time carer) with a Mach 10 machine gun on CCTV outside a nightclub in East London.
R v Nathaniel & Another - Attempted murder in which the victim was shot at point blank range in the head outside a McDonalds in East London.
R v Head and Head - Briefed to represent identical twins charged with murder of a neighbour by beating, attacking him with a knife and setting light to the body.

Drugs and Other Serious Crime

R v Smith & 9 Others – “Operation Fizzy”. Defending the lead defendant in a conspiracy to supply cocaine valued at £533 million. Allegedly one of the largest cocaine conspiracies to be prosecuted in the United Kingdom. Defendant acquitted.
R v Franks & 2 Others - Briefed to represent defendant charged with conspiracy to supply 1 million ecstasy tablets (the largest seizure of ecstasy in the UK), 40 kilograms of cocaine and possession with intent to supply 43,000 ecstasy tablets. This was a 6-month operation mounted by the Serious and Organised Crime Agency (SOCA) involving observations, probe and extensive telephone evidence. Defendant acquitted.
The State v MB - Alleged international drug trafficker accused of trafficking 30 kilograms of cocaine per week for three years from Spain through France and into the UK. Trial in Bordeaux.
R v Buntin & 3 Others – Defended principal defendant in the kidnap and false imprisonment of a witness in a murder trial. Defendant acquitted.
R v Robinson & 4 Others – Defendant indicted with possession of firearms with intent to endanger life (including a Tech 9 machine gun), threats to kill and conspiracy to blackmail following a 2-year operation by the specialist crime directorate. Defendant acquitted.
R v Oxley & 4 Others - Defendant along with 4 others charged with conspiracy to rob. It was alleged that the defendants targeted retail outlets selling high value jewellery in particular Rolex. Represented the only defendant who was acquitted.

Allseas v PS – Privately Instructed by Mishcon de Reya in the largest ever private prosecution of an individual charged with a conspiracy to defraud a company of 100 million euros. The alleged fraudulent investment scheme was said to involve unprecedented returns from trading in Medium term notes via the Vatican and US Federal reserve. This complex and multi-jurisdictional fraud had alleged co-conspirators and acts in furtherance of the conspiracy in the USA, Malta, Switzerland, Hong Kong and the Netherlands. For news report, click here
R v B & 1 Other – Instructed by Kingsley Napley on behalf of 2 defendants alleged to have defrauded the Ministry of Defence by fraudulently trading whilst running a removals and storage business . Despite a 3 month trial listing and over 160,000 pages of evidence. Following service of an abuse of process application the Prosecution offered no evidence against both defendants.
R v SS & 5 Others – Leading Counsel in Conspiracy to money launder in the sum of £31 million. Allegation that the 6 defendants from Ukraine and Lithuania had conspired to launder the proceeds of crime via a web of false bank accounts set up principally at the Nationwide Building Society. Defendant acquitted.
R v Gillespie & Others - Briefed to represent the lead defendant in the largest non-lifestyle pharmaceutical fraud centred around grey imports and counterfeit non- prescription medicines sold with the European Union. The counterfeit medicines were for heart disease, schizophrenia and cancer.
R v H & 41 Others - Briefed to represent one of the lead defendants in “Operation exhort”. A 42 defendant fraud involving car insurance and mortgage fraud. The largest “cash for crash” Prosecution in the UK.

Hillsborough Inquiry - acting for a retired Chief Superintendent involved in the South Yorkshire Police investigation into the Hillsborough stadium disaster in 1989. That investigation is alleged by some to have involved a "cover-up" of police responsibility for the disaster. The inquests before Sir John Goldring, commenced in 2014 and concluded in 2016.
R v PJLS- Acting for the director of a company under investigation for Corporate Manslaughter and Health Safety breaches. The investigation is looking at offences by 3 corporate bodies (The developer, the principal contractor and the sub-contractor). During development groundworks, several disused fuel tanks required removing from underground. One of the workforce cut a tank using oxy acetylene cutting equipment. Tragically this resulted in an explosion that caused his death.
Independent Inquiry into Child Sexual Abuse (Westminster strand) – Acting for and advising a senior retired police officer in respect of policing issues arising from historical criminal investigations under consideration by the IICSA.