Iain Smith

Since becoming an advocate in 2014 Iain has acted as both Defence and Crown junior counsel in murder and rape cases.

Iain has built up extensive court experience as a Procurator Fiscal Depute since 1996. He has prosecuted many Sheriff and Jury cases and conducted Fatal Accident Inquiries. Latterly based in Inverness, his work concentrated on the prosecution of solemn cases from 2011 onwards.

Iain was the specialist Wildlife Crime prosecutor for Highland and Islands dealing with all wildlife prosecutions in the area. He was also Confiscation case specialist for Highland and Islands. As such he has experience in handling criminal confiscations, cash seizures and production orders under the Proceeds of Crime Act 2002.

In 2013 Iain was twice shortlisted by COPFS for an Excellence Award including for personal achievement.

Selected Cases

HM Advocate v Carmichael (2015)
Acted as Defence junior counsel in a ‘historical’ multiple rape case.

HM Advocate v Ross & Keogh (2014)
Crown junior counsel in a murder case – Fatal stabbing in Glasgow.

HM Advocate v Shaw (2013)
Sheriff & Jury prosecution – Assault with intent to rape. Preliminary proof and debate. Assault with intent to rape. Contradictory psychiatric evidence on capacity of the accused and admissibility of accused’s interview.

Gordon Lennon FAI (2011)
FAI of a professional footballer electrocuted in an off-road driving accident.

PF Inverness v Gonshaw (2012)
Bird’s egg collector given first indefinite ASBO banning him from entering Scotland during breeding season.

PF Inverness v Taylor (2013)
First prosecution in Scotland under legislation for mountain hare snaring (Reg 41 Conservation (Natural Habitats) Regulations 1994).

PF Inverness v Holden (2011)
Long running benefit fraud prosecution and subsequent confiscation proceedings. The case attracted significant media attention as the accused was a serving councillor.