Emma Smith

Year of Call:1994

Specialist practice areas: Serious Crime, Criminal/Civil Fraud, Serious Sexual Offences

Emma Smith has an exclusively prosecution practice which whilst covering the full spectrum of criminal offences focuses on two very distinct fields: serious sexual offences and fraud.

Emma is a Grade 3 prosecutor.

Sexual Offences:

Emma is a Rape Specialist for CPS London and CPS Kent.

Emma regularly prosecutes cases of rape and serious sexual assaults, with a particular specialism in cases involving children and vulnerable adults as victims.

She also prosecutes in pornography and child cruelty cases.

Recent cases include:

R v G: Prosecuted an amateur football coach who had over a period of four years sexually assaulted eight schoolboys he was coaching. G was sentenced to be detained for an indefinite period for the sexual assaults and for the possession and distribution of over 60,000 indecent images of children.

R v S: Prosecuted a teacher charged with the sexual assault over 15 years of three schoolgirls to whom he was giving after-hours private tuition.  

R v N & A: Prosecution of 2 defendants for the vaginal, oral and anal rape of a 15 year old schoolgirl.

R v K and others: Prosecution of 3 defendants for the kidnap and rape of an escort, mistakenly believed to be a witness in an impending criminal prosecution.

 Fraud, White Collar Crime and Confiscation:

Emma has acted as a leading junior in serious fraud offences. She has prosecuted alone cases where the defendant has the benefit of two counsel and /or Queen's Counsel.

She has been instructed by the CPS and by various government departments. She has considerable experience of prosecuting insolvency related crime, disqualified directors' offences and other economic crime. She is fully conversant with asset forfeiture and confiscation proceedings.

Cases include:

Operation Mistlethrush: instructed as leading junior for the Crown in a large and sophisticated banking fraud in which the defendant stole over £1 million by assuming the identities of numerous unwitting third parties. 

R v B: Fraudulent trading prosecution - B was a director of a construction company siphoning away significant company funds whilst creditors went unpaid.

R v G: Prosecution of an accountant for the non declaration on his income tax returns of interest earned on funds held in Jersey.

R v I:  Three week prosecution of an accountant for fraud on his employer, an owner of various care homes in East London.

Other Serious Crime:

Currently instructed by the CPS to prosecute a causing death by dangerous driving trial, and a death by careless driving trial.

Emma has also prosecuted in large-scale drugs and firearms trials. She is fully conversant with all matters relating to disclosure, PII and RIPA.

Other:

Emma has been instructed by the RSPCA in animal welfare cases and by local authorities in environmental protection matters.

Emma has lectured on the sentencing provisions of the Criminal Justice Act 2003.