You will have definitely heard of criminal law before. It is arguably the most important area of law and it interacts with millions of people on a day-to-day basis. It is the heart and soul of a nation’s legal system, and typically, when one thinks of ‘the law’, they will think of criminal law. However, the realities of within the criminal law remit are not at all similar to how they are portrayed in the media. This article will inform you as to what criminal law really is, the realities of a career as a criminal lawyer and the ingredients that make a good criminal lawyer.
Introduction To Criminal Law: The Basics
Criminal law is what holds members of society accountable for their potentially criminal behaviour, and its aims are essentially to punish, rehabilitate and deter people from committing crime. It does this through prison, community service, fines, and various other options.
The option used will vary depending on the severity of the crime that one has been found guilty of. For example, murder holds a mandatory life sentence in prison (25 years), whereas an assault may simply result in a fine.
In order for someone to be found guilty of an ‘offence’, the prosecution needs to prove that they have committed the offence ‘beyond reasonable doubt’. This means that you cannot be guilty of a crime if you ‘probably’ committed it. The justification for this is because it would be unfair to restrict someone’s freedoms or give them a criminal record because they probably committed the crime.
Comparatively, in civil law, where there are little potential restrictions on one’s freedoms, the burden of proof is ‘on the balance of probability’. Also, it must be noted that the burden of proof lies on the prosecution and not the defendant. This is because it would be unfair for a defendant to prove they are not guilty, simply because they are accused of something.
The criminal process begins with the committing of an offence. Then, the police will investigate the offence, and when they are satisfied with who they believe committed the offence, they will give the case to the ‘Crown Prosecution Service’, who will determine whether there is sufficient evidence to bring a case against a defendant to court. In court, the CPS (prosecution) must persuade the judge (in the magistrates courts), or the jury that the defendant has committed the offence.
Conversely, the defendant’s lawyer will try to prove the defendant’s innocence, or cast a sufficient amount of doubt onto the prosecution’s case, in order to destroy the possibility that the jury believes the defendant committed the crime beyond reasonable doubt. The judge/ jury will reach an outcome, and then the judge will decide on the suitable punishment for the defendant, in order to match the severity of the crime.
So, You Want to Be a Criminal Lawyer?
If you want to be a criminal lawyer, it must be said that the role is not at all as glamorous as it is portrayed on television. Often, it is not a high octane, cutting edge profession with exciting cases every day. Instead, you may find yourself researching what the sentencing guidelines are for an assault.
The day-to-day tasks of a criminal lawyer will vary massively depending on a variety of factors, such as whether you are a solicitor or a barrister or whether you are defending or prosecuting. However, no matter which role you may find yourself in, here are a few things you can expect to find in your daily routine as a criminal lawyer:
- Conducting interviews with clients
- Preparing and ‘drafting’ submissions for the courts
- Collating and analysing evidence
- Reading and researching criminal law
- Formulating arguments and predicting counter arguments
- Argumentation, both written and oral
- Speaking with superiors: whether that may be to a judge, a partner solicitor or a Queens Counsel barrister.
In order to really thrive in this area of law, there are a number of skills which are quintessential. Firstly, you need incredible interpersonal skills. Whether you are a solicitor or a barrister, you will be interacting with members of the public, and you need them to be on your side. If you are a solicitor, then you need your client to trust you, so they can tell you as much information as possible, to improve your chances of winning the case.
If you are in the Crown Prosecution Service, you will need information from people: witnesses, police personnel and colleagues. You will not be able to retrieve this information if you seem abrasive or unfriendly. If you are a barrister, you need to be persuasive. No matter what side you are on, you need to persuade the judge or the jury that your case is correct. In order to be persuasive, you need to be liked, seem in control, seem powerful and seem as though you are helping them reach the right conclusion. Great interpersonal skills are important for this.
You also need great analytical skills, have an ability to manage large workloads at once, and have an ability to digest vast sums of information quickly. You may receive a case brief the night or two before a trial/ hearing, and it is up to you to familiarise yourself with this information, learn it, and recall it at a whim when in court, or in an interview. There are, of course, more skills you need to be a great criminal lawyer, but these are the most prominent examples.
What Jobs Are Available in Criminal Law?
There are many types of jobs available in the criminal law remit:
- Judge
- Solicitor
- Barrister
- A role in the Crown Prosecution Service
- A police officer
- A detective
- A judge’s assistant
- A barrister’s clerk
- Paralegal
- Legal secretary
- Legal receptionist
- + more
Where Can I Get a Job in Criminal Law?
Most legal institutions will practice criminal law, save for the commercial firms and chambers. There are hundreds of criminal practicing solicitors in the UK, and typically they will be located in smaller firms, compared to their multinational, magic circle, Canary Wharf commercial counterparts. There are too many Solicitors firms to mention here, a quick google search will return hundreds of criminal practicing Solicitors.
There are also many criminal practicing barristers. The following sets are examples of chambers that practice in criminal law:
- Exchange Chambers
- St Pauls Barristers Chambers
- Park Square Barristers
- 2 Bedford Row
- 2 Hare Court
- Doughty Street Chambers
- Garden Court Chambers
By Josh Parsons
