Criminal Trial & Defence
A criminal trial is won on preparation: the documents, the witnesses, the cross-examination and the points of law taken at the right moment. We conduct the defence ourselves, before the Magistrate and the Court of Sessions, and we do not hand it on.
Fighting a false case, from charge sheet to verdict
We defend criminal cases from charge framing through to judgment: applications at the charge stage, bail through the trial, cross-examination of prosecution witnesses, defence evidence and final argument. We also appear for complainants conducting a private prosecution.
Charge and discharge
The charge stage is an opportunity that is often wasted. Where the material does not disclose an offence against the accused, we press for discharge rather than letting a weak case run all the way to trial.
Trial and cross-examination
Most criminal cases turn on the prosecution witnesses. We prepare cross-examination around the documents and the contradictions in the recorded statements, because that is where acquittals actually come from.
Points of law
Defective sanction, jurisdiction, limitation, improper investigation and inadmissible evidence can each decide a case. We take these points when they arise, in writing and on the record, so they survive to appeal.
What helps
- The FIR, charge sheet and case diary material supplied
- Statements of witnesses and any recorded confession
- Documents, messages and records supporting the defence
- Names of defence witnesses and what each can say
- Details of any parallel civil or family proceedings
Where it is heard, and how long it takes
Depending on the offence, trial is before a Magistrate or the Court of Sessions, with special tribunals for certain classes of case. Criminal trials commonly run over a year, and longer where witnesses are slow to attend. Bail and the pace of hearing are both things we push on.
Read everything
We go through the FIR, charge sheet and case diary material before settling a defence.
Fight the charge stage
We press for discharge where the material does not support a charge.
Try the case
We cross-examine the prosecution witnesses and lead defence evidence.
Argue and preserve the record
We argue the law and keep the record clean for any appeal.
Read the free guides first
Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.
Common questions
Do I have to attend every hearing?
Attendance requirements depend on the court and the stage, and exemption can sometimes be sought. We tell you which dates you must attend and seek exemption where it is available.
Can a case be thrown out before trial?
Yes. At the charge stage a court can discharge an accused where the material does not disclose an offence, and the High Court Division can quash an abusive case. Both are worth pressing at the right moment.
What decides most criminal cases?
Usually the prosecution witnesses and the documents, not speeches. Careful cross-examination against the recorded statements is where cases are actually won.
What is a CR case, and how is it different from a police case?
A CR (complaint register) case is filed directly before a Magistrate by a complaint petition. The Magistrate examines the complainant and may issue summons, order an inquiry or dismiss it. A police case starts with an FIR and a police investigation.
The charge sheet names me without evidence. What can I do?
At the charge-framing stage, apply for discharge (s.241A CrPC before a Magistrate, s.265C before a Sessions court) if the record shows no ground. If charge is framed anyway, the High Court Division can be moved in revision or under s.561A.
What is a naraji petition?
It is the complainant’s objection to a police final report that recommends dropping the case. On a naraji petition the court may order further investigation, a judicial inquiry, or take cognizance directly.
Defend the case properly
Prepared, argued and conducted by the advocate you instruct. A written assessment costs nothing.
