Legal Representation in Criminal Cases

This is a brief explanation of the system in England and Wales. In other parts of the UK, and in other countries, the law is different.

Should I be represented?

The criminal law, in its various aspects, is a complex subject. Those who are legally represented usually do better than those who represent themselves.

During the Investigation

Suspects detained or questioned at police stations are entitled to free legal advice, whatever their means. They may consult a Duty Solicitor or a solicitor of their own choice.

If you know that you must see the police, you can seek legal advice beforehand. Then you can be advised before you go to the police station, and accompanied when you go there.

Generally, the position is the same whether the investigation is by the police or by another agency, such as the Customs & Excise.

At Court

Duty solicitors give free advice at Magistrates' Courts and Youth Courts, but only in the more serious cases. This form of advice is only available in these courts, and is not available at the Crown Court.

It is obviously better, where possible, to seek legal advice beforehand. If you intend to be represented, consult a lawyer as soon as possible. The sooner he or she can start work on your case, the better.

Finding a lawyer

In the first place, you will need to consult a solicitor.

You may know a solicitor already. Somebody you know may be able to recommend one. Or you could ask your nearest Citizens Advice Bureau for information about local firms.

Solicitors are listed in directories like Yellow Pages and Thomson. Further information can be found in reference books stocked by public libraries and on the internet.

For details of solicitors undertaking legal aid, visit the Community Legal Service website www.clsdirect.org.uk or call their helpline on 0845 345 4345.

At some stage your solicitor may engage a barrister, who is a specialist advocate. The solicitor will arrange this. You cannot instruct a barrister direct.

Legal Aid and Fees

You may be entitled to free legal aid, depending on your financial circumstances and the nature of your case. The legal aid scheme is fairly complicated, and is subject to frequent change. Ask a solicitor for current details.

Even if you do not qualify for legal aid, some solicitors offer preliminary advice for a nominal fee or free of charge.

Motoring organisations, trade unions and other bodies sometimes provide free legal advice for their members. Check if this applies to you.

Contingency, or conditional, fee arrangements are not available in criminal cases. Nor do insurance policies generally cover such cases. See your own policy for details.

If you do not qualify for any type of free assistance, you will be responsible for your legal fees. Reach agreement on fees at the outset. That is the best way to avoid misunderstandings.