Our long established Top Tier Crime & Regulatory Department is headed by Band One, Leading Individual Phil Smith, who is known for his ‘great tactical nous’ and tenacity (Chambers and Partners 2020), and includes Anthony Burton, one of the firm’s founding partners, who enjoys a ‘towering’ reputation (Chambers and Partners 2020).
For emergencies we offer a complete 24 hour service: our solicitors personally attend clients day and night from the moment of any arrest or involvement with the authorities, adopting a proactive approach in dealing with investigators: initially to secure release and subsequently to effect a proper, even-handed investigation.
Our team are recognised as leading authorities in criminal law in the UK and internationally and have dealt with many of the most notable cases in recent times, including ground-breaking decisions in the Supreme Court, Privy Council, and courts across the EU, most recently the French Constitutional Council and the Supreme Court of Gibraltar. The team were shortlisted by The Lawyer Awards 2020 for Business Crime Team of the Year.
We have experience with cross-jurisdictional investigations involving the US federal law enforcement agencies.
We have extensive experience in representing clients in public inquiries most notably the Leveson Inquiry, Inquiry into Institutional Child Sexual Abuse (IICSA) and the Inquiry into “Bloody Sunday”.
We are recognised as a Band One Top Tier firm by The Legal 500 and as a leading firm by Chambers Directory.
We advise on all aspects of criminal law for both UK and international clients and are well known for our work on some of the most widely-reported cases. We started as a criminal law firm and are highly ranked in all legal publications for our work in this area.
We deal with cases across the full range of the criminal law, from common assault, possession of controlled substances and criminal damage, to complex frauds, corruption, sexual offences, murder and terrorism.
We are known for our discreet handling of allegations involving sexual offences, including those of an historic nature.
We enjoy an excellent reputation for our crisis management skills and ability to respond swiftly to circumstances where someone’s professional or personal standing is at risk. We frequently represent lawyers, police officers, medics, finance professionals, musicians, media personalities, journalists and broadcasters.
The department also has unparalleled experience in media related criminal law, with both Phil and Anthony having been heavily involved in the phone hacking trials where they represented editors and deputy editors of national newspapers. We are regularly instructed in cases concerning breach of reporting restrictions, contempt of court, and production orders.
We have an unrivalled level of experience in sexual offences. This encompasses the most significant trials and investigations into historic sexual allegations over recent years, including Operations Midland and Yewtree.
We are the first port of call for those whose personal or professional reputations are at risk. This is reflected in the instructions we receive from high net worth individuals including performing artists, professional footballers, lawyers, and doctors.
We provide an immediate, coordinated response working closely with other departments in our firm and, when necessary, skilled PR advisers.
Our cases embrace complex legal and factual scenarios; we acted in a case where the medical defence of non-insane automatism, known as ‘sexomnia’, was successfully advanced at trial. Many of our cases are sensitive and require careful and discreet handling.
Sexual Offences: Frequently Asked Questions
You should instruct solicitors to act for you as soon as you become aware of an accusation. The sooner we are instructed, the sooner our expertise can be applied to protect you. This is especially important during a police interview when a solicitor will advise you on the best course of action.
If you have already been interviewed without a solicitor, we will deal with the police on your behalf and work to mitigate any problems that might arise from the interview.
Work at the earliest stages of a criminal case is often the most beneficial as it helps put you in the strongest position from the outset.
No. You have a right to independent legal advice and the police will not draw any inference if you ask for a lawyer.
The law on sexual offences is a complex mixture of Acts of Parliament and decisions made by the courts. We will provide essential expert advice on how this relates to the allegations.
You should remember that the police caution says ‘anything you do say may be given in evidence’. This means that anything you say in interview, however true, honest, and well-intentioned, might later be held against you. Under pressure, people will often express themselves badly, or say something that does not come across as intended.
For this reason, it is imperative that we are instructed as early as possible to ensure that your position is expressed clearly and cogently.
Changes to laws on pre-charge police bail in 2017 mean that fewer and fewer people are now released on bail. Instead, they are ‘released under investigation’ (RUI). We will establish a dialogue in order to exert influence on what can be an unsatisfactory position where there are no conditions attached to your release, but the investigation remains hanging over you. There is no time limit on how long one can be ‘under investigation’, with some periods of investigation lasting years.
In these circumstances it is imperative that you are properly represented in order to ensure that the police investigation comprehensively deals with the facts which support your innocence. You should always instruct solicitors to act on your behalf. Even if the allegations are entirely false, the police do not know this and are under a duty to investigate.
Having us present is particularly important if you have been falsely accused, or believe that someone is making a malicious complaint. If this is the case, it is essential that we attend interview with you and make this clear from the outset.
If you have already attended an interview and have been released under investigation, you may still be charged at a later date. Work done between interview and charge is often the most important in ensuring that your defence is properly advanced. The earlier we begin work on your case, the better.
Yes, innocent people do sometimes get convicted. Inadequate representation, or no representation at all, significantly increases the chances of this happening. Conversely, representations which we advance on your behalf may well make the difference between conviction and acquittal in your case.
Remember that although in the eyes of the law you are innocent until proven guilty, some people will assume that you must be guilty because you are being interviewed. This is true of all alleged crimes, not just sexual offences. For this reason, we do not suggest that you talk openly about any criminal matter. Any dealings with the police should be taken extremely seriously.
It depends on what stage the case has reached. If this becomes an issue, we work closely with a number of extremely skilled public relations professionals whom we can engage on your behalf.
If you have been charged, you will need to attend a ‘first appearance’ at a Magistrates’ Court. What happens in court is a matter of public record. This means that with very few exceptions, once you have attended the first appearance, your name and the charge are also a matter of public record and can be reported. Some examples of possible exceptions are where there are ongoing linked criminal proceedings, or where publication of your name might lead to the identification of a vulnerable complainant.
In practice, the media are most interested in cases with an aspect that sets them apart. For example, this could be that the defendant is someone with an existing public profile, that there is a breach of trust or duty associated with the offending, or that the facts of the alleged offending are extremely unusual or topical.
Our prominence in business and white-collar crime is reflected by our Lawyer Awards 2020 shortlisting for Conduct, Enforcement or Business Crime team of the year.
We have particular expertise in defending both companies and individuals in complex and high value fraud investigations. We have acted in innumerable investigations and prosecutions brought by the Financial Conduct Authority and Serious Fraud Office and have secured numerous acquittals over the years. We act for individuals who receive a Section 2 notice under the Criminal Justice Act 1987 (CJA).
We are known for our efficient preparation of fraud cases and are a first choice for financial professionals facing allegations of market abuse, fraud by abuse of position, tax fraud, insider dealing, and various forms of bribery and corruption. We were notably instructed in relation to both the LIBOR and EURIBOR rate-rigging scandals.
We are solicitors of choice for individuals involved in internal investigations and are regularly instructed by City firms to act as independent counsel and oversee internal investigations. We often advise on matters relating to financial and corporate irregularities, money laundering, confiscation proceedings and the potential financial outcomes following criminal cases.
We regularly act in cases involving cutting edge financial crime including emerging trends in cyber-dependent and cyber-enabled financial crime, automatic and algorithmic trading, and artificial intelligence.
We regularly act for regulated individuals and entities who are subject to enquiry by the FCA and support them through the process, whether it is civil or criminal.
We provide financial regulatory advice to major financial institutions, international charities, corporate financiers, asset managers, insurers, intermediaries and senior management in FCA and PRA (Prudential Regulation Authority) regulated bodies.
We also advise professionals and directors on the regulatory framework in which they operate, and act for professionals in proceedings brought against them by governing bodies.
Our advice extends to rules relating to managing client money, money laundering, bribery and corruption, terrorist financing and sanctions, and all aspects of professional and regulatory compliance, including disciplinary matters.
We have considerable experience in looking after interested parties and witnesses in the specialist field of public inquiries. This involves negotiating terms with the solicitors to the inquiry, advising and drafting detailed witness statements, instructing Counsel and attending with clients at the Inquiry hearing.
We advise on all aspects of civil fraud where deceit, misrepresentation, fraud, or dishonesty form part of the basis of the action. Our advice extends to directors, companies and individuals and comprises claimant and defendant work, including insolvency related matters. We also advise on regulatory issues which will impact directors operating in the UK and internationally.
“The criminal team is very classy – highly competent, down to earth, responsive and extremely experienced.” Legal 500, 2023
“The practice employs lawyers of deep experience and domain expertise in order to provide a very high standard of service.” Legal 500, 2023
“Simons Muirhead Burton is the most diligent, passionate and expert firm I have ever encountered.” Legal 500, 2023
“No task is left undone and client care remains a top priority. Collaboration with counsel throughout the proceedings is a key feature in establishing a team ethos with strategy and time management at its core.” Legal 500, 2023
“The overriding objective to provide a complete service for clients in this sector sets the practice apart.” Legal 500, 2023
“Attention to detail was very impressive.” Legal 500, 2o23
‘The amount of research and attention to detail by partner Phil Smith and associate Henrietta Ronson was something I haven’t seen anywhere else.” Legal 500, 2023
“This is a team that really cares. The staff are modern in their attitudes and ways of working. You really feel that they know what they’re doing and will fight for you. Could not have wanted better.” Legal 500, 2022
“I was struck by the collaborative style of the team – playing to people’s strengths, involving me in the process and giving thorough and helpful explanations at every stage.” Legal 500, 2022
“SMB is a quality boutique firm specialising in high-profile work, which is conducted in a very discreet manner. The lawyers there are very experienced and very effective.” Legal 500, 2022
“The criminal/fraud/regulatory team at SMB, headed up by Phil Smith is a superb outfit for high-end white-collar crime and fraud. They are a powerhouse.” Legal 500, 2022
“Their personal and professional expertise, and support for me, shone through from start to finish. I felt, and know, I was in the hands of masters of their profession. I hold SMB in the highest regard.” Legal 500, 2022
“Exceeded all my expectations.”
Legal 500, 2021
“Led by the ever-wise Anthony Burton and the exceptional Phil Smith, the crime team at SMB provide a complete and unrivalled service to corporate and individual clients under investigation.”
Legal 500, 2021
“The team is always knowledgeable, committed, organised and efficient.”
Legal 500, 2021
“SMB are an outstanding firm. Anthony Burton CBE demonstrated extraordinary passion and expertise in fighting my case at the Old Bailey; and in lifting my occasional despair at an absurd, unfounded prosecution. Even if he and his team had not secured a unanimous not guilty verdict I would not fault them.”
Legal 500, 2021
“Forensic, detailed and thorough. No stone was left unturned. I felt, at every stage, that I could not have been in better hands.” Legal 500, 2021
“The team’s communication was excellent at all times, the fees were transparent and I was always kept informed. The whole process was smooth and well administered.” Chambers and Partners, 2022
“They respond immediately to queries and they are very upfront and clear in their advice, which is sensible and precise.” Chambers and Partners, 2022
“They are exceptional – reassuring for the client and great in dealings with authorities.” Chambers and Partners, 2021
“The team was really supportive and on the ball as well as being good to work with.” Chambers and Partners, 2021
“They are great – they are responsive and put the client and their needs first.” Chambers and Partners, 2021
“The firm retains a deep level of experience and expertise in order to provide a very high standard of service.” Chambers and Partners, 2021
“It’s a well-resourced team providing 24-hour advice and support. The team’s level of service is excellent – everyone plays their part seamlessly.”Chambers and Partners 2024
“The team is very thoughtful and able to map out a defence strategy in a dynamic fashion in light of new evidence. They are confident enough to take on board client input, going along and pushing back in a respectful fashion as appropriate.”Chambers and Partners 2024
“They are courteous and highly professional. I had the sense of a high-quality team and good engagement.”Chambers and Partners, 2024
‘SMB are passionate about their work and their clients. Their research is intensive. They show the fullest support for and liaison with clients and with case barristers. Quite simply outstanding and faultless.’Legal 500, 2024
‘The practice employs lawyers of deep experience and domain expertise in order to provide a very high standard of service. Communication throughout the firm is highly responsive and clear, both with regard to technical legal matters, as well as administrative issues.’Legal 500, 2024
‘The SMB fraud and crime team is very strong – experienced, responsive, practical and personable.Legal 500, 2024
‘Excellent criminal team that have a long-established history acting for high profile individuals.’Legal 500, 2024
Chambers and Partners, 2022
“It’s a great team that works very well together and looks at every angle in a case to make sure nothing is overlooked”
Chambers and Partners, 2022
“The firm’s level of service is excellent”
“They take control of a situation very quickly with very little fuss. This authority and calmness help to reassure clients that they are receiving the best advice possible.”
Chambers and Partners, 2023
Chambers and Partners, 2022
“The service is excellent, the team is responsive and the quality of the advice and representation is impeccable.”
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