John Cyril Smith
Encyclopedia
Sir John Cyril Smith, CBE, QC
, FBA
, (15 January 1922 - 14 February 2003) was an authority on English criminal law
and the philosophy of criminal liability. Together with Brian Hogan he was the author of Smith & Hogan's Criminal Law, arguably the most respected undergraduate text on English criminal law. The book is now in its thirteenth edition (2011) and has been used as persuasive authority in English Criminal courts and elsewhere in the common law
world. In 1998, Lord Bingham praised Smith; "whom most would gladly hail as the outstanding criminal lawyer of our time."
Although Smith earned a scholarship to Oxford University
to read history he never took it up, choosing to work on the railway instead. Smith's initial interest in law
was developed whilst he was serving in the Royal Artillery
and subsequently he helped administer courts martial. After leaving military service he read law at Cambridge University
and became a barrister
in 1950.
For many years he was a professor of Law at University of Nottingham
and was influential in making the university one of the premier institutions for legal education in England. He also spent a year at Harvard University
.
During the 1960s Smith was a member of the Criminal Law Revision Committee
. The resulting recommendations played an important part in the development of the Theft Acts
of 1968 & 1978. Smith was an advocate for a criminal code of England and Wales, working on a draft criminal code in the early 1980s, which was adopted by the Law Commission in 1989. The code has not yet been adopted, which, during his lifetime, was to the great disappointment of Professor Smith.
Smith, who published prolifically as J.C. Smith, had a long association with the Criminal Law Review and wrote many case notes for that journal which were notable for their incisive, playful and amusing analysis.
Smith was a fellow of the British Academy
. He was made QC
in 1973 and knighted in 1993.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, FBA
British Academy
The British Academy is the United Kingdom's national body for the humanities and the social sciences. Its purpose is to inspire, recognise and support excellence in the humanities and social sciences, throughout the UK and internationally, and to champion their role and value.It receives an annual...
, (15 January 1922 - 14 February 2003) was an authority on English criminal law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and the philosophy of criminal liability. Together with Brian Hogan he was the author of Smith & Hogan's Criminal Law, arguably the most respected undergraduate text on English criminal law. The book is now in its thirteenth edition (2011) and has been used as persuasive authority in English Criminal courts and elsewhere in the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
world. In 1998, Lord Bingham praised Smith; "whom most would gladly hail as the outstanding criminal lawyer of our time."
Although Smith earned a scholarship to Oxford University
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
to read history he never took it up, choosing to work on the railway instead. Smith's initial interest in law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
was developed whilst he was serving in the Royal Artillery
Royal Artillery
The Royal Regiment of Artillery, commonly referred to as the Royal Artillery , is the artillery arm of the British Army. Despite its name, it comprises a number of regiments.-History:...
and subsequently he helped administer courts martial. After leaving military service he read law at Cambridge University
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
and became a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
in 1950.
For many years he was a professor of Law at University of Nottingham
University of Nottingham
The University of Nottingham is a public research university based in Nottingham, United Kingdom, with further campuses in Ningbo, China and Kuala Lumpur, Malaysia...
and was influential in making the university one of the premier institutions for legal education in England. He also spent a year at Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
.
During the 1960s Smith was a member of the Criminal Law Revision Committee
Criminal Law Revision Committee
The Criminal Law Revision Committee of England & Wales is a standing committee of learned legal experts that may be called upon by the Home Secretary to advise on legal issues and to report back recommendations for reform...
. The resulting recommendations played an important part in the development of the Theft Acts
Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...
of 1968 & 1978. Smith was an advocate for a criminal code of England and Wales, working on a draft criminal code in the early 1980s, which was adopted by the Law Commission in 1989. The code has not yet been adopted, which, during his lifetime, was to the great disappointment of Professor Smith.
Smith, who published prolifically as J.C. Smith, had a long association with the Criminal Law Review and wrote many case notes for that journal which were notable for their incisive, playful and amusing analysis.
Smith was a fellow of the British Academy
British Academy
The British Academy is the United Kingdom's national body for the humanities and the social sciences. Its purpose is to inspire, recognise and support excellence in the humanities and social sciences, throughout the UK and internationally, and to champion their role and value.It receives an annual...
. He was made QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1973 and knighted in 1993.