Criminal Law and Lawyers

Criminal Law and Lawyers

Criminal law and court procedure, decisions to prosecute and criminal lawyers

Criminal Procedure Rules and Practice Directions

It will come as no surprise that the court system is governed by a number of rules and regulations. In the criminal courts, the main rules are contained in the Criminal Procedure Rules. These are supplemented by the Criminal Practice Directions 2023 (together with several older Practice Directions).

The Criminal Procedure Rules are often abbreviated to ‘CrimPR’. They govern procedure in the magistrates’ court, the Crown Court and the Court of Appeal.

These rules cover a wide variety of matters, from the duty of the court and the parties in the case (Part 1 The Overriding Objective) to Service of Documents (Part 4), Bail and Custody Time Limits (Part 14), Expert Evidence (Part 19), magistrates’ court trial and sentence (Part 24), Crown Court trial and sentence (Part 25) Appeal to the Crown Court (Part 34) and Appeal to the Court of Appeal (Parts 36 to 42).

Criminal Lawyers - Barristers and Solicitors

Barristers and solicitors are lawyers who work closely together in criminal cases. Solicitors are traditionally the first port of call for anyone facing a criminal prosecution and often have high street premises. They will take your instructions and advise on the best course of action in your case. Depending on the nature and complexity of the case, this may or may not involve obtaining advice or representation at court from a barrister.

Helping yourself

If you are representing yourself, or simply want to be better informed about the process ahead, you will find a wealth of information on this website to help you.

Remember the burden and standard of proof

To be convicted of a criminal offence the prosecution have to prove the case beyond reasonable doubt. This is known as the burden and standard of proof. The burden of proving the case lies on the prosecution (it is for the prosecution to prove that a defendant is guilty, not for the defendant to prove they are innocent). The standard of proof is beyond reasonable doubt - this means that the magistrates or jury must be satisfied so that they are sure of a defendant’s guilt before they can find him or her guilty of a criminal offence.

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Defence-Barrister.co.uk | Making Sense of the Criminal Courts