Criminal Defence Solicitors

The role of criminal defence solicitors

Criminal defence solicitors are lawyers who specialise in the defence of individuals and companies charged with criminal conduct. The appointed solicitor will then act on the behalf of the defendant through all stages of a criminal prosecution case.

When the defendant is held in custody, they have the right to consult criminal defence solicitors, who will ensure that they are fairly treated.

The criminal defence solicitors will then secure disclosure from the investigating officers and discuss this with the defendant. They will then take the defendant's account and advise them whether or not they should answer questions before interview.

After the defendant has been interviewed, they will either be charged or released. Generally, if charged the defendant will be granted bail. The only circumstances where a defendant is not granted bail are if police have substantial grounds for believing that they will fail to attend court, commit offences on bail or interfere with prosecution witnesses.

When facing criminal charges, it is the role of the criminal defence solicitor to prove that their client is not guilty of the charges brought against them. Conversely, the role of the prosecuting solicitor is to prove that the defendant is guilty, beyond all reasonable doubt.

During a trial, the criminal defence solicitors will undertake the following:

• Prepare the case for the defendant
• Interview potential defence witnesses
• Advise the defendant on the law and the strength of the case against them
• Advise whether or not the defendant should plead guilty
• Present mitigation

Depending on their circumstances, criminal defence solicitors should also be able to negotiate with CPS directly on their behalf.

Criminal defence is often said to be one of the most challenging and stressful types of legal work. This is due to the consequences of not winning a case, which could see the defendant being sent to prison. Due to this, criminal defence solicitors have to remain emotionally detached from their cases in order to make sure that they give the best possible account of their client.