Myth-busting the age-old question: How can you defend someone you know is guilty?
All criminal law advocates are asked this question at least once in their career. Interestingly, however, people never ask: “How can you prosecute someone you know is innocent?”
Barristers are subject to the Bar Standards Board Code of Conduct and it would be unethical and illegal to knowingly mislead a court. If a client tells their barrister they are guilty, that barrister simply cannot tell a court they are innocent.
When advised upon the strength of the prosecution case and the reduction in sentence for a guilty plea, a client may well decide to plead guilty. However, if they maintain they are innocent, their barrister must act for them as it is a fundamental rule of the profession that you cannot refuse to represent someone because you do not believe in their case (the “cab rank” rule). This ensures everybody has access to justice.
It is not for barristers to judge whether or not someone has committed a crime; that is the jury’s job, and they must be sure on the evidence presented to them. A barrister may believe a defendant is guilty due to media coverage yet that individual could be entirely innocent. In any event, if a client is maintaining their innocence despite overwhelming evidence against them, juries can be relied on to reach a sensible conclusion.
It is much more difficult for a barrister to represent someone they believe is innocent as the thought that a client could go to jail for something they have not done creates enormous pressure.
Our criminal justice system can only be effective if both the prosecution and the defendant are properly represented and, in order to do this, barristers must remain objective and open-minded.
