Criminal Client

[Student1]

After a client has been charged with murder and a trial date set, what are the first steps the solictior has to do to prepare for trial?

[michrose86]

I think that would be the time where they would start to prepare evidence to support their trial. Liasing with the police (as most murder suspects don't get bail) they will visit the prisoner, gather police reports, look at forensics, gather witnesses.

[Barmaid]

A solicitor will already have done a lot of work on the case before a trial date is set. Chances are he will have received the full prosecution bundle of evidence and reviewed it with his client. he will have prepared the defence case statement. He will also have potentially instructed defence experts to give expert evidence. Generally for a murder trial he will have instructed counsel at a fairly early stage too.

It is correct that most murder suspects don't get bail so there will have either been prison visits or video link interviews with the client.

[Student1]

Thanks so much Barmaid. You sound very expert. Can I just ask:

How long after charging is a trial date set? I thought pretty quickly. How long is it usually before the defence gets the full prosecution bundle of evidence? Will he always review this with a client?. What is a defence case statement and when is that produced? He will also have potentially instructed defence experts to give expert evidence.

"Generally for a murder trial he will have instructed counsel at a fairly early stage too." Do you mean he will have found a barrister and told them what will happen?

"It is correct that most murder suspects don't get bail so there will have either been prison visits or video link interviews with the client." What kind of things will they be saying to hte client in these interviews?

Thanks, sorry for more questions....

[MarkRae]

Solicitors vs barristers:
http://www.takelegala...citor-or-a-barrister/

[Barmaid]

Charging and the trial date being set are irrelevant. What is relevant is the custody time limit. More info here http://www.cps.gov.uk.../custody_time_limits/

Prosecution will normally have disclosed the full file to the defence by the time of the plea and case management hearing. Thereafter the time limits in the Criminal Procedure Rules and CPIA 1996 apply with regards to primary and secondary disclosure.

The defence solicitor will always discuss the prosecution bundle with the client. The client needs to know the case against him. The lawyers need to know what defence the client is running - ie "wasn't me, I have an alibi", "self defence" etc. All these will be discussed in interview with the client.

The link Markrae has provided deals with the difference between solicitors and barristers. However, for a very serious case, such as a murder, Counsel will be instructed quite early on so he can advise on all aspects of the defence (the same goes for the Crown).

A defence case statement is the document which sets out the basis of the client's defence.

[Student1]

HI both. That was great. Those links are very useful. One more tiny tiny thing... when the defence gets the prosecution bundle of evidence, can they go and talk to the prosecution witnesses to ask them other questions? Is that only allowed in court, or can they only do it with the CPS along? Thank you so much.

[eyethenkyew]

Student1,

Re your last query, the short answer is "no" as a rule, not until and if the matter goes to court when the defence solicitor/barrister will have the opportunity to cross examine witnesses who, after all, are not themselves "on trial".