Iain Smith

Year of Call: 2014

Iain graduated from Dundee University in 1994 and thereafter Aberdeen University with a Diploma in Legal Practice in 1995. He has plenty of court experience appearing in sheriff courts throughout Scotland. He spent 18 years with the Procurator Fiscal Service. He was the specialist wildlife prosecutor for Highland and Islands.

Iain came to the Bar and called in 2014. He now enjoys a busy practice defending all manner of criminal trials in the High Court and Sheriff Court. He conducts appeals in the High Court and Sheriff Appeal Court.

He is an ad hoc Advocate Depute.

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Areas of Practice

Criminal Trials covering the full spectrum of criminal offences tried in both the Sheriff Court and the High Court of Justiciary
Criminal Appeals
Wildlife Crime
FAI’s and Public Inquiries
Health and Safety
Road Traffic Violations

Appointments & Memberships

Ad hoc Advocate Depute since 2021.

Testimonials

“We have instructed Iain in a number of High Court trials. He is thorough and methodical, has a good manner with clients and is a pleasure to work alongside. Not only that, but the results he achieves mean that he is our standing first option when our clients need counsel.”

“Iain Smith was able to get the result the client needed after stepping in only a few days before the trial was due to start. Excellent work by Iain who achieved the nearly impossible result for the client, would recommend this Counsel in any case.”

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Selected Cases

HM Advocate v JK, 2023, Stirling High Court. Successful defence of client accused of rape. Complainer suffered from EUPD, thus distress evidence not referable to the allegation.

HM Advocate v H, 2023, Lanark High Court. Young male client tried for two alleged rapes. Acquitted on both rape charges.

HMA v BB, 2022, Glasgow High Court. Successful defence of person accused of being concerned in supplying cocaine and heroin where his DNA found on the drugs. Acquitted.

Douglas v HM Advocate, 2020 S.C.C.R. 288 Appeal against conviction on attempted murder charge. Whether attempted murder could be corroborated by ‘similar fact evidence’ from another charge and whether evidence sufficient for active participation.

Watson v HM Advocate, 2019 S.C.C.R. 291 Appeal against a rape conviction where rape corroborated by rubbing a second complainer on the leg. Whether sufficient for mutual corroboration.