Criminal lawyers either prosecute or defend those accused of criminal offences. They must act in a neutral and impartial manner to uphold the legal rights of their clients, and to ensure that they receive fair treatment within the law.
What is Criminal Law?
Criminal law defines criminal offences and the procedures to follow when offences are committed. Criminal law forbids behaviour which threatens public welfare and property. This can include, for example, murder, theft, arson, money laundering and terrorism. Criminal law is used to both control citizens’ actions, and to help them understand the possible repercussions of such actions. Criminal law is therefore concerned with both punishment and rehabilitation.
What does a Criminal Lawyer do?
There are various types of lawyers who work in the field of criminal law. The three main broad areas of responsibility are Criminal Defence, Criminal Duty, and Criminal Prosecution.
Criminal Defence Lawyers.
Criminal Defence Lawyers help those suspected of, or charged with a crime. They ensure that their client’s rights are upheld in a fair trial by presenting their case in court. Typical duties of criminal defence lawyers in Sydney, for example, include representing defendants during a criminal prosecution, from the start of the police investigation to the presentation of their case in court. They also offer advice to clients. They review all documents pertaining to an offence and a case. They research, plan and investigate matters relating to a case. They visit prisons and police stations to meet with defendants. They draft legal documents. Finally, they aim to establish a complete and compelling defence for their client.
Criminal Duty Solicitors.
Duty Solicitors represent those suspected, or accused of a crime when the defendant does not otherwise have access to a solicitor. Their services are free of charge as they are paid by the Legal Services Commission. They are neither employed by the courts nor by the police. They work to uphold the legal rights of the accused. They may help those who are under arrest or detained at a police station. They may also represent them during their first court hearing. They cannot assist those who are facing trial, or those charged with an offence that does not carry a prison term.
Criminal Prosecution Lawyers.
A Prosecution Lawyer presents the case against those accused of a crime. They are employed by the Crown Prosecution Service, a government department. They decide whether to prosecute those accused of a crime and whether a case should go to court. Their duties include, for example, examining police evidence and then deciding whether or not to file criminal proceedings. They work closely with caseworkers. They communicate with the police, probation services and other criminal justice agencies. They liaise with court staff and defence solicitors. They communicate with victims of crime. They ensure that the treatment of offenders is fair. They present the case against a defendant in court. They advise and instruct court counsel.
Both Criminal Defence, and Prosecution Lawyers, must act without prejudice, argue a case effectively, and ensure that all relevant facts are presented in court.
