When you have to appear at a criminal hearing, you may wonder: should I go with or without a solicitor? A solicitor is not mandatory at a criminal hearing, but can make a real difference to the outcome of your case.
This choice has consequences for how you defend yourself and what sentence you ultimately receive
The presence of a solicitor influences various aspects of a court case. A solicitor knows how to present legal arguments effectively and can draw attention to mitigating circumstances.
Without legal assistance, you will have to defend your case yourself, which entails certain risks.
The complexity of the case, the possible penalties and the rules of procedure all play a role in this choice. It is wise to know what both options could mean for your criminal hearing.
The difference between attending the criminal hearing with and without a solicitor
With a solicitor at your side, you get professional support and legal expertise. If you defend yourself, you have complete control, but you also need knowledge of criminal law and procedural law.
Support from a solicitor during the criminal hearing
A solicitor offers professional guidance during the criminal trial. They are familiar with the procedures and know what questions to expect.
The solicitor reviews the evidence and helps you choose a strategy. He discusses the possible outcomes with you.
During the hearing, the solicitor speaks on your behalf. He puts forward legal arguments that you may not be familiar with yourself.
The solicitor will question witnesses and raise objections if necessary. This requires specific knowledge of criminal procedure law.
Advantages of engaging a solicitor:
- Knowledge of legal procedures
- Experience with similar cases
- Objective assessment of evidence
- Professional communication with the judge
You may authorise your solicitor to attend the hearing alone, but the judge must agree to this.
Self-defence: your rights and obligations without a solicitor
You have the right to defend yourself during a criminal hearing. A solicitor is not mandatory in criminal cases.
However, you must review the evidence yourself and prepare your defence. This means reading and understanding everything yourself.
During the hearing, you may speak and answer questions yourself. You can tell your side of the story and explain the charges against you.
You also always have the right to remain silent. You do not have to answer questions that could incriminate you.
Challenges of self-defence:
- Limited knowledge of criminal law
- Emotional involvement in your own case
- Unfamiliarity with procedures
- Difficulty interpreting evidence
Even if you attend the hearing without a solicitor, it is wise to seek legal advice beforehand.
The impact on the outcome of your criminal case
The presence of a solicitor can influence the outcome of a criminal case. Professional defence often increases the chances of a favourable verdict.
A solicitor may discover legal errors in the case file. They know which arguments can lead to a reduced sentence or even acquittal.
Without a solicitor, you may miss important defence opportunities. You may overlook legal details.
The judge pays attention to the quality of the defence. A good solicitor can influence the sentence by introducing mitigating circumstances.
Studies show that defendants with a solicitor receive lower sentences on average. This is due to better preparation and professional presentation of the case.
In simple cases, the difference is often smaller than in complex criminal cases with a lot of evidence.
Is a solicitor mandatory at a criminal hearing?
In criminal law, a solicitor is not mandatory for defendants appearing before the court. Young people under the age of 18 and defendants in pre-trial detention are exceptions.
When is a solicitor mandatory in criminal law?
A solicitor is not legally required in criminal cases. This applies to proceedings before the magistrate’s court, the district court and the court of appeal.
Defendants are allowed to conduct their own defence. You can therefore choose whether you want legal assistance.
Criminal law differs from civil law in this respect. In civil cases before the court, you are required to have a solicitor.
This also applies to less serious offences such as:
- Driving under the influence
- Simple assault
- Theft
- Traffic fines
a solicitor remains optional. You decide for yourself whether to engage legal assistance.
Exceptions: young people and pre-trial detention
Stricter rules apply to juvenile suspects. Young people under the age of 18 are automatically assigned a solicitor.
This arrangement protects minors during criminal proceedings. Their solicitor adapts the guidance to their age.
Suspects in pre-trial detention also automatically receive legal aid. They are in a vulnerable position.
The judge may sometimes appoint a solicitor, for example in the following cases:
- Complex criminal cases
- Suspects with mental disabilities
- Cases with potentially severe penalties
Differences between the police court and the criminal court
The magistrate’s court deals with less serious offences. A solicitor is not required in these cases.
The magistrate’s court deals with matters such as traffic fines and petty theft. You are allowed to present your case yourself.
More serious offences are dealt with by a panel of judges. Three judges will hear your case together.
Even in these more serious cases, a solicitor is not mandatory. You are still allowed to conduct your own defence.
Nevertheless, people often recommend a solicitor for the multiple-judge chamber. The procedures are more complicated and the possible penalties are higher.
The criminal proceedings step by step
Criminal proceedings follow a set sequence. First, you receive a summons, followed by a court hearing, where the public prosecutor and the judge play their roles.
Summons and preparation for the hearing
The summons is the official document with which the court summons the defendant. It contains important information about the charges and when the hearing will take place.
What does the summons contain?
- Date, time and place of the hearing
- Description of the offence
- Which articles of law have been violated
- Name of the presiding judge
The defendant is entitled to inspect the case file. This can be done through their solicitor or directly at the court.
Preparation is really important. The defendant must decide whether he or she wants to be present at the hearing.
Sometimes only the solicitor may appear. It is wise to read through all the documents carefully.
Witnesses may also be called to testify during the hearing.
Procedure of the criminal hearing at court
Criminal hearings usually follow a set pattern. The judge opens the hearing and checks that everyone is present.
Order of the hearing:
- Opening by the judge
- Identification of the defendant
- Reading of the charges
- Interrogation of the defendant
- Examination of witnesses (if applicable)
- Closing speech by the public prosecutor
- Defence counsel’s closing statement
- Final statement by the suspect
- Verdict or adjournment
The defendant always has the right to remain silent. This right applies throughout the entire trial and no one may use it against him.
The hearing is public. Family and the press may attend, unless the judge decides otherwise.
Role of the public prosecutor and the judge
The public prosecutor represents the Public Prosecution Service. He explains why the defendant is guilty and requests a sentence.
Tasks of the public prosecutor:
- Presenting evidence against the suspect
- Proposing a sentence
- Safeguarding the public interest
The judge is independent. He listens to both parties before making a decision.
Duties of the judge:
- Presiding over the hearing
- Assessing evidence
- Determining guilt or innocence
- Determining the sentence
The judge must be convinced of guilt. Doubt means acquittal: ‘in dubio pro reo’.
The verdict is usually announced later. This is called ‘adjournment for verdict’.
Advantages of assistance from a solicitor
A solicitor helps to draft legal documents and mount a strong defence. They provide guidance during questioning and ensure that all the rights of the accused are protected.
Collecting and submitting court documents
A solicitor knows exactly which procedural documents are required for a criminal case. He collects all relevant documents and ensures that everything is submitted to the court on time.
The solicitor checks whether the file is complete and requests any missing documents from the Public Prosecution Service.
Important procedural documents that a solicitor arranges:
- Statements of defence
- Requests for further investigation
- Appeals against the judgment
- Requests for witness hearings
A solicitor formulates arguments in the correct manner. They use the correct terminology and refer to relevant articles of law.
Without a solicitor, defendants often make mistakes when submitting documents. They miss deadlines or handle procedures incorrectly.
Preparing witness statements
A solicitor carefully prepares witness statements. He discusses with witnesses what they are going to say and what questions they may be asked.
The solicitor checks whether statements are consistent with other evidence. He actively looks for contradictions in statements made by incriminating witnesses.
Tasks involved in witness preparation:
- Explaining the procedure to witnesses
- Preparing questions for cross-examination
- Identifying weaknesses in statements
- Calling exculpatory witnesses
A solicitor knows which questions work during cross-examination. They can put pressure on witnesses without irritating the judge.
The solicitor ensures that exculpatory witnesses are called. Many defendants do not even know that they have that right.
Assistance during questioning and pleading
During the interrogation, a solicitor ensures that the suspect’s rights are not violated. He makes sure that questions are asked correctly and intervenes if necessary.
The solicitor can intervene in the event of errors or inappropriate questions. In this way, he protects the suspect from incriminating himself.
An experienced solicitor will present a strong plea. He will present all arguments logically and convincingly.
Advantages during the hearing:
- Professional presentation of the defence
- Correct application of procedures
- Protection against errors
- Experience with judges and prosecutors
A solicitor often knows the judges and their style well. They know how best to make their point. This is a real advantage in a criminal case.
Risks and points to consider when attending a criminal hearing without a solicitor
Attending a criminal hearing without a solicitor carries serious risks. This can lead to a higher sentence, missed opportunities for a reduced sentence and lasting consequences for your criminal record.
Higher chance of conviction or heavier sentence
Defendants without a solicitor often find it difficult to defend themselves. They are not familiar enough with legal procedures.
A solicitor can emphasise mitigating circumstances. Without that help, defendants miss important points.
Risks without legal assistance:
- Incorrect answers to questions from the judge
- Failure to recognise procedural errors
- Missing opportunities to challenge evidence
- Failure to make use of mitigating factors
The judge considers the quality of the defence. A weak defence can easily result in a higher fine or longer sentence.
Research shows that defendants without a solicitor are more likely to be convicted. On average, they also receive heavier sentences.
Limited understanding of legal options
Defendants without a solicitor often do not see all the legal options available to them. Criminal law is quite complex and full of technical rules.
Lawyers know which defences are possible in specific cases. They are quicker to spot procedural errors made by the Public Prosecution Service.
Missed opportunities without a solicitor:
- Alternative penalties such as community service
- Suspended sentences instead of unsuspended sentences
- Dismissal or discontinuation of legal proceedings
- Abbreviated proceedings with lower penalties
Many suspects are unaware that they can negotiate their sentence. A solicitor can often reach better agreements with the public prosecutor.
Many suspects are also not fully aware of their rights. As a result, they sometimes accept an excessive sentence.
Consequences for your criminal record and compensation
A conviction remains on your criminal record. This can still cause problems years later when you are looking for a job.
Lawyers can sometimes prevent minor offences from appearing on your criminal record. They know exactly which procedures exist for this.
Long-term consequences:
- Problems with job applications
- Difficulty applying for licences
- More expensive insurance
- Hassle when travelling to certain countries
Without a solicitor, defendants often make mistakes when it comes to compensation. They sometimes agree to excessive amounts or accept claims that are actually incorrect.
A solicitor can challenge the amount of compensation. Sometimes they suggest alternatives that work out better for the defendant.
Disputes over compensation without proper assistance can sometimes drag on for years. This only results in additional costs and stress.
After the criminal hearing: appeal and other options
Do you disagree with the judge’s ruling? You can lodge an appeal with the court of appeal within a certain period of time or seek legal advice about your options.
When and how can you appeal?
Time limit for appeal
You have 14 days after the ruling to lodge an appeal. This period starts when you were present at the hearing.
Were you not present? Then the period only starts when the judgment has been officially served on you.
How to lodge an appeal
You can go to the criminal registry of the court yourself. Or you can have your solicitor arrange it.
- In person at the criminal registry of the court
- Through your solicitor
What happens in an appeal
The court of appeal will review your case from scratch. Other judges will go through all the facts and evidence again.
The public prosecutor’s office can also appeal. In that case, the case will also be reviewed.
Risks of an appeal
The court of appeal may impose a lower or higher sentence than the court of first instance. You therefore run the risk of receiving a harsher sentence.
Contact us for legal advice
Why legal advice is important
A solicitor can help you assess the chances and risks of an appeal. They know how it works and can tell you whether it makes sense.
How to contact us
Most law firms have a contact form on their website. You can also simply call them for an initial consultation.
What to discuss with the solicitor
- Your chances of appeal
- Risks
- What it will cost
- Other options
Emergencies
Are you in a hurry? Many criminal lawyers are available 24/7, especially if the deadline for appeal is approaching.
Appeal investigation
Your solicitor may request additional investigation, such as hearing witnesses or experts. These requests must be submitted to the court in good time.
Settlement of the judgment and handling of the criminal offence
If you do not lodge an appeal
After 14 days, the sentence becomes final. The punishment will then be carried out as normal.
Possible penalties that may be imposed
- Imprisonment
- Fine
- Community service
- Suspended sentences
Enforcement of the sentence
The public prosecutor’s office arranges the enforcement of the sentence. They will contact you about how to proceed.
Postponement of sentence enforcement
Are you lodging an appeal? Then the enforcement of the sentence will be postponed until the court of appeal has issued a ruling.
Still not satisfied after the appeal
If you disagree with the court of appeal’s ruling, you can apply for cassation to the Supreme Court within 14 days. The Supreme Court will only examine whether the law has been correctly applied.
Registration of criminal offences
If you are convicted, the criminal offence will be entered in the Judicial Documentation Register, regardless of whether you appeal or not.
Frequently asked questions
A solicitor provides legal knowledge and assists with the defence, but is not always required in criminal cases. Defendants may choose whether they want a solicitor or to represent themselves.
What are the advantages of bringing a solicitor to a criminal hearing?
A solicitor knows the law and the procedures. They can assess the best defence strategy.
The solicitor often negotiates with the public prosecutor, sometimes even before the hearing.
A criminal lawyer knows what questions to ask. He can question witnesses and challenge evidence.
The solicitor will discuss with you in advance what kind of sentence you can expect. This gives you a little more control over the situation.
Can I defend myself at a criminal hearing or is a solicitor necessary?
You do not need a solicitor in criminal cases. Adult defendants are allowed to defend themselves.
You do not even have to attend the hearing if you do not want to. You may send your solicitor.
Only if you are in pre-trial detention or if you are a minor will you automatically be assigned a solicitor.
Nevertheless, it is usually wiser to hire a solicitor. Criminal law is complicated and mistakes are easily made.
What does a solicitor do during a criminal hearing?
The solicitor speaks to the judge on your behalf. He explains why you are not guilty or why you deserve a lesser sentence.
He asks questions to witnesses and experts. The solicitor looks for weaknesses in the Public Prosecution Service’s case.
The solicitor can introduce new evidence. He shows documents or calls his own witnesses.
At the end, he makes a closing statement. In it, he explains why the judge should be lenient.
What are the risks of attending a criminal hearing without a solicitor?
Without a solicitor, you often do not know the law well enough. You do not know exactly what your rights are or how everything works.
You may accidentally say things that harm your case. Naturally, you want to avoid that.
It is difficult to contradict the Public Prosecution Service without help. You simply do not know how to challenge evidence.
The chance of a higher sentence is greater. A solicitor can often ensure a more lenient sentence.
How can I best prepare for a criminal trial with or without a solicitor?
With a solicitor, you must be honest about everything. Share all the documents and evidence you have.
Discuss the approach together. The solicitor will tell you what to expect during the hearing.
If you do not have a solicitor, you will need to study the law yourself. Make sure you know which rules apply to your case.
Gather evidence that may help you. Also, think about the questions you want to ask.
What are the possible consequences of not hiring a solicitor for a criminal case?
The judge may simply give you a heavier sentence. Lawyers simply know better how to ask for more lenient sentences.
As a defendant, you may miss out on opportunities for acquittal. You often do not know how to prove your own innocence.
There is a high risk of legal errors. Such errors are difficult to rectify later, especially on appeal.
Stress and uncertainty can quickly mount up. A solicitor can at least help you understand what is happening.