He read law at Selwyn College, Cambridge. After receiving a BA degree in 1974 and an MA degree in 1976, Smith briefly practised in Liverpool before becoming a law lecturer at Manchester University from 1977-1983. Smith practised as a barrister on the Northern Circuit from 1979–2002, being an Assistant Recorder from 1994–97, a Deputy High Court Judge from 1996–2002, and a Recorder from 1997-2002. Upon his elevation to the High Court bench in 2002, he was knighted as a matter of course.