Getting the Best Out of a Defence Case Statement - A Guide for Criminal Lawyers

Introduction

A defence case statement (‘DCS’) is a fundamental part of preparing a defence in a criminal trial at the Crown Court and can be equally important at the Magistrates Court. It is sometimes regarded as a gift to the prosecution because it reveals quite a lot of a defendant’s strategy. However, there is no avoiding the fact that ambush takes a back seat to transparency in modern criminal trials and a DCS can be an effective tool in highlighting the real issues on both sides. In theory, the result is a trial at which the defendant is satisfied with their representation, the judge has a clear idea of what to expect, the prosecution has provided proper disclosure and the jury understand the decision(s) they are being asked to make.

A failure to serve a properly constructed DCS - or to serve one at all - invites an adverse inference and can cause significant damage to a defence case. Defendants will seize opportunities to criticise their representatives if the relevant disclosure questions are not asked and the prosecution are not challenged on important matters raised in the defendant’s proof of evidence.

Particularly in Legal Aid cases, many solicitors leave the drafting of a DCS to Counsel at a point where the solicitor might know much more about the defendant’s position. The production of a draft for Counsel’s consideration in conjunction with a quality proof of evidence can save a lot of effort later in the case and can also dramatically increase a page count.

What You Will Learn

This webinar will cover the following:

• How the DCS relies upon a good proof of evidence: The proof of evidence is the foundation upon which a defence is built
• What is a DCS and why is it important? What is it designed to achieve?
• What are the various elements of a DCS and what are the legal / procedural requirements?
• Understanding what the DCS should contain and how to frame disclosure requests
• How should the prosecution respond to a DCS?
• What if a DCS is deficient?
• Some good and bad examples from the coalface

This webinar was recorded on 17th September 2024

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