Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[ArthurClennam]

Hello,

Since the conviction of a colleague, I have realised that I know very little about the way cases are investigated and tried.  Is there a "law for dummies" website somewhere that would explain it?

The sort of things I am trying to understand are:
 - How much do the defence team know about the evidence the prosecution will use? e.g. will they have seen witness statements or recordings of evidence before the trial? Or is it a complete surprise on the day?
 - Would the defence barrister have told the defendant what questions he is going to ask and how to answer them?
 - Does someone on legal aid have any choice about the barrister they get? Or do they get one of the junior trainees who may have no expertise in their kind of case?
 - In the sort of cases where there is no physical evidence (e.g. rape cases) and just somebody's word, how do the Crown Prosecution Service decide whether to go ahead.  I mean, what factors are likely to make them think they can get a conviction?

Sorry if this sort of thing has already been answered in the Forum, I'm new here. 

Arthur 

[HaveHope]

Hello and welcome to the forum. 

[nugnug]

i cant answer all the questions but one i can is your defense barrister is not supposed to tell you how to answer questions

of course the defendant does not have to answer questions

but his defence must not couch him as to what to say..

[ArthurClennam]

Thanks for that, Nugnug. 

Perhaps I'm missing the point, but why is it that the defence barrister shouldn't coach the defendant?  He wants to win the case, so he wants his client to say things that help him win and avoid things that might make him lose, I would have thought.

Sorry if that's a silly question ......

[nugnug]

well i think its because when you take the bible in your right you swear to tell the truth the whole truth and nothing but the truth.

if your lawyers told you what to say then its not the whole truth.