Criminal Lawyer

A barrister is a lawyer who essentially specialises in appearing before the court. A barrister might simply be described as an advocate – with a law degree.

Some lawyers specialise. A criminal barrister is one who specialises in criminal law. A criminal barrister might otherwise be known as a defence counsel, a criminal defence lawyer (or as the American spelling would have it a “defense lawyer”), a trial lawyer, a criminal law lawyer or more descriptively a lawyer referred to by a particular type of offence such as a drink driving lawyer (DUI lawyer) or sexual assault lawyer.

In general terms a criminal lawyer can be a solicitor, barrister or even a judge.

Criminal proceedings almost invariably commence (in NSW) in the Local Court. The criminal lawyer (barrister or solicitor) will “appear” for an accused. Depending upon the seriousness of the charge, there will ordinarily be a number of “mentions” in the Local Court before a committal hearing. A committal hearing involves a Magistrate determining whether there is a case to answer (assuming everything the Police and the alleged victim say on face value). In serious matters it is not uncommon for a Criminal Barrister to be briefed to appear at the committal hearing. If the matter is “committed” the matter will proceed to be heard in either the District or Supreme Court. This will most likely involve a hearing or trial (thus the term “trial lawyer”) before a jury of 12 randomly selected jurors. It is at this stage that it is most likely an accused will definitely be represented by a criminal barrister, instructed by a criminal solicitor. In other words the accused will have two criminal lawyers – the criminal solicitor AND the criminal barrister.

The criminal barrister (Defence Lawyer / Trial Lawyer/ Criminal Lawyer) has expertise in the laws of evidence and presenting the case for an accused. The criminal barrister (Defence Lawyer / Trial Lawyer/Criminal Lawyer) plays a very active role in the trial.

A criminal trial generally involves the complainant, or alleged victim, giving his or her evidence in Court. The prosecution will most likely call other witnesses (who may or may not have necessarily witnessed the alleged event) but can give some evidence that may support a circumstantial case. The prosecution is generally represented by a criminal lawyer, most likely a criminal barrister who is briefed by the Department of Public Prosecutions or, simply, the “Crown.” The Crown criminal barrister will most usually be instructed by a criminal solicitor (a criminal lawyer) employed by the Department of Public Prosecutions.

An accused’ criminal lawyer will cross-examine each (as is necessary) of the Crown witnesses with a view to highlighting the inconsistencies in the evidence of a Crown witness (if they exist) or perhaps to undermine the credibility of the witness. In a skilful manner the criminal defence lawyer is required to put the accused’ version of events to the Crown witness. Clearly, experience and talent is crucially important if the desired result is to have a jury question whether they could be satisfied beyond reasonable doubt as to whether to find an accused guilty on the basis of a Crown witness’ testimony.

An accused has the option of giving evidence. An accused is not required to give evidence, and this decision needs to be the subject of careful consideration, by the accused and the criminal lawyers representing the accused (including in usual circumstances the criminal solicitor and criminal barrister) in the circumstances of the case.