Position

Crime: Tom’s criminal practice encompasses the full range of offences and he regularly appears in the Crown Court for both the prosecution and the defence. Notable cases defending include the successful acquittal at half time of a youth charged with conspiracy to commit violent disorder as part of a gang. Tom has represented clients as young as 13 in the Youth Court and has had experience of cross examining equally young witnesses. He has successfully defended charges including attempted burglary, handling stolen goods and a charge of ABH arising out of an incident at a school where a fourteen year student suffered a broken arm. For the prosecution Tom was led in December 2013 in the successful prosecution of Operation Farmer which involved a series of sophisticated cash in transit robberies committed over a nine month period. Private motoring: Tom has experience both prosecuting and defending the full range of motoring offences. Notable successes include the successful argument of special reasons in relation to a defendant charged with driving whilst disqualified following a recent ban and the successful exclusion of urine sample evidence resulting in acquittal for a charge of drink driving. Financial crime: Tom was part of the Financial Conduct Authority’s (FCA) disclosure team on Operation Tabernula, the most complex Insider Dealing case ever prosecuted by the FCA. He also has experience of the FCA’s regulatory enforcement and offences under the Financial Services and Markets Act 2000. He has experience of contested confiscation proceedings under the Proceeds of Crime Act 2002 and is particularly familiar with the complexities of equitable interests in land in this context. Professional discipline/regulatory: in 2013 Tom spent 6 months seconded to the G during which time he worked as part of the Fitness to Practise policy team on modernising the G’s Fitness to Practise Rules. He also worked to develop policies for criminal disclosure from the police in relation to fitness to practise proceedings. From this work Tom has gained an extensive understanding of the health care regulatory framework and the key issues involved in fitness to practise proceedings. Inquests and Inquiries: In 2012, Tom was seconded to the Department of Health for a number of months as a junior member of the Inquiry team to assist in the preparation of the report arising from the Public Inquiry into the failure to regulate the Mid-Staffordshire NHS Foundation Trust. From this he has gained a thorough understanding of the law and procedure relating to public inquiries. He is currently instructed through the Royal British Legion to act for the families of two soldiers killed in a friendly fire incident on operations in Afghanistan in 2009. This is one of the first Article 2 inquests to be held involving British troops serving outside of British bases on operations following the judgment of the Supreme Court in the case of Smith and Others v MOD [2013] UKSC 41. Court Martial: Tom maintains a strong interest in court martial cases and criminal cases involving service personnel and is able to use his own experience whilst serving in the army to obtain the best possible results for clients. He possesses first-hand knowledge of the particular challenges associated with service life and is well aware of the impact these can have in both court martial and criminal proceedings.

Education

2005 2:1 History, St Edmund Hall University of Oxford, 2006 Royal Military Academy Sandhurst, 2010 GDL(Distinction); 2011 BPTC (Outstanding).

Mentions

London Bar

Inquests and inquiries

LEADING JUNIORS5
Thomas Coke-Smyth  – QEB Hollis Whiteman 'He has an exceptional manner in court.'
London Bar

Professional disciplinary and regulatory law

LEADING JUNIORS4
Tom Coke-Smyth –QEB Hollis Whiteman 'A meticulous junior, his advocacy is well thought out and delivered extremely effectively. He gets to grips with difficult issues quickly and comprehensively.'