Barristers In Court
Although many legal cases never get to the point of being heard in court, there is always a possibility - especially with criminal cases - that a full court appearance will be necessary. The media would have us believe that court cases are quick, one-day affairs but this simply isn't the case - the truth is they can be very long, drawn out processes that involve a huge deal of planning and forethought.
Client Care Letter
Once a barrister has been hired, they will issue their client (perhaps through their solicitor) with a Client Care letter, a legal document that advises the client of the exact responsibilities and duties the barrister has to the client. This document will show whether the barrister is acting in a representative or advisory capacity. In many criminal cases heard in any court higher than a County or Magistrates', the barrister will be representing and advising.
Researching The Case
Before a case is heard in court the client, their solicitor and their barrister will generally go through a process of collecting, collating and reviewing evidence, organizing witnesses, studying relevant legislature and prior cases, and drafting a plea. Depending on the agreement between the barrister and solicitor, the latter may do the majority of such work, briefing the barrister just prior to the case being heard.
Pre-Trial Procedural Hearings
If the case is a serious one there may be several private procedural hearings before the trial; less serious cases possibly being subjected to public procedural hearings. This is the point at which the client will make their plea. If a plea of 'guilty' is made from the outset a sentencing appearance will be arranged by the judge. If, however, a plea of 'not guilty' is entered then a date will be given for the trial. At this point the judge will also decide whether or not the client can be given bail or if indeed they need to be kept in custody.
Intermediate Hearings
In the lead up to the trial, it is common for what is known as an 'intermediate' or 'first diet' hearing to be called, particularly if there has been a long period of time between the procedural hearing and the scheduled trial. The first diet allows the judge to ascertain whether both parties (the prosecution and the defendant) are ready to proceed with the trial. If further time is needed by either party to collect evidence or await responses from medical, scientific or character witnesses the judge may decide to postpone the trial. If not the trial will continue as scheduled.
At Trial
At the trial the client will be represented by both the barrister and solicitor, though in the case of a criminal law proceeding it is likely the barrister will take the lead role. After both the prosecutor and the defendant's barrister have called their witnesses and discussed their evidence the case will go to a verdict, decided either by a judge or sheriff or by a jury. If a verdict of 'guilty' is returned, a sentencing hearing will be arranged, usually within a few days of the trial. From this point the barrister can be retained by the client for the sake of making an appeal, or dismissed.