Joan Smith

SPECIALISMS:

Regulatory & Disciplinary

Joan has prosecuted and defended a wide variety of Regulatory proceedings as well as dealing with licensing applications at all levels. Joan has a particular interest in internal police inquiries. Joan also has an interest in Courts Martial Hearings.

Existing experience of Regulatory work includes advice, advocacy and case preparation in: –
• Local Authority Prosecutions
• Police Misconduct Hearings
• Inquests
• Environmental protection
• Trading Standards
• Animal Welfare
• Proceeds of Crime Act 2002 including civil forfeiture
• Advising on disclosure issues
• Public Interest Immunity Disclosure

Joan’s particular specialisms include:-
• Taxi licensing
• Licensing Act 2003
• Firearms licensing
• Inquests

Crime

Joan prosecutes and defends a broad spectrum of criminal cases in both the Crown Court and Magistrates Court. Her experience includes cases involving offences of violence, public disorder, sexual misconduct, drugs, dishonesty and road traffic offences. Joan has experience in cases which involve vulnerable individuals (witnesses or defendants) and intermediaries. Joan has also drafted skeleton arguments in relation to abuse of process applications and the use of covert operatives. Joan has been Junior counsel on a high profile case involving conspiracy relating to thefts from ATM’s.

Civil Law

Joan has a broad range of experience in both small claims and fast track matters. Joan receives regular instructions in road traffic matters, advice on liability and quantum. Joan has experience in Housing matters, which includes possession proceedings, in particular possession relating to anti-social behaviour and anti-social behaviour injunctions.

Administrative & Public Law

Joan has advised and appeared in the High Court for Judicial Review proceedings including cases involving apparent judicial bias. Joan also advises and has appeared before the High Court in Case Stated applications connected to her Regulatory and Criminal practice.

CASES:

Stockton-On-Tees Borough Council v (1) Alan Fidler (2) Habib Hussain (3) Gholamreza Keshavarz   Zamanian [2010] EWHC 2430 (Admin): Involved cross border use of Hackney Carriages as Private Hire Vehicles.

Stockton-On-Tees Borough Council v Dawn Frost [2010] EWHC 1304 (Admin): Trade Mark case involving the Magistrates’ interpretation of the statutory defence under S92 (5) TMA 1994.The Magistrates’ initially refused to state the case; however the case was stated following the grant of permission to judicially review the Magistrates’ refusal.

Stockton-On-Tees Borough Council v Orangzabe Latif [2009] EWHC 228 (Admin): Held the 21 day time limit for appealing was strict.

Longstaff-v-DPP [2008] EWHC 303 (Admin): Whether a failure to provide a specimen of breath when a police doctor had been requested to take blood amounted to a reasonable excuse.

What others say:

"The addition of... Joan Smith... strengthens the practice" Legal 500 2011

APPOINTMENTS:

Grade 2 Prosecutor CPS

MEMBERSHIPS:

North Eastern Circuit
Institute of Licensing
Association of Regulatory and Disciplinary Lawyers
Criminal Bar Association
The Honourable Society of the Middle Temple

EDUCATION:

BA(Hons) Law & American Studies