How can I defend someone who I know is guilty? It's the question I am asked the most often. It is really a velvet glove on some finger-pointing: how can I, a decent man, speak up for a rapist or murderer? How can I put my professional skills and intellect at the disposal of someone who has committed such a terrible crime?
All advocates are asked this question, perhaps me more than most because of the length of my career. I have defended more than 100 people accused of murder, probably more than any other lawyer practising in England. The first thing to say is that in English law to defend somebody who I know in the strict sense of the word is guilty is not allowed. If the client tells me they are guilty, I must not tell a court they are innocent.
For crimes such as fraud or drugs, a client may freely acknowledge what they have done and plead guilty, perhaps after I have pointed out the strength of the case against them and told them of the reduced sentence that greets a guilty plea. This happens often; I don't varnish the facts.
Murder, though, is different. Murder is killing someonewith the intention of causing them serious harm or death and a sentence of life imprisonment automatically follows for anyone who pleads guilty or is convicted by a jury. The most that is given is a minor reduction in the tariff, the minimum jail time that must be served before parole is considered, which is little incentive to admit guilt.
So a client will not usually tell me they have committed murder. They may, however, tell me that they did the killing, but in circumstances that would generate a partial or complete defence. For instance, they may say they were acting in self-defence — which is a complete defence to murder and will absolve guilt for a killing.
Or they may rely on one of several defences unique to murder, which will reduce the offence to manslaughter, making the sentence at the discretion of the judge. So my client may admit they did the act, but claim that they were provoked, which is a partial defence. Or they may say they were suffering from an abnormality of the mind such that theyhad diminished responsibility, which also reduces the offenceto manslaughter. So I have to weigh up all the evidence to see which defences may be open.
I like to meet a client as soon as possible after they have been arrested. In a murder case, they are unlikely to be released on bail, to resume their ordinary life while awaiting a trial. Instead they are usually held in a prison. When visiting them, the guards will check I am not taking in contraband such as drugs or any metal objects that could be made into a weapon. My papers and bags will be X-rayed and my watch, wallet, phone and keys will be put in a locker. I am allowed to take in the case papers, minus any metal clasps that hold them together, and normally one pen. The prisoner will usually only have loose papers — they are not usually permitted any files.
We will meet in a small room with glass panels, so that the prison officers can look in but not listen. A small Formica table and chairs will be screwed to the floor so the prisonercan't pick them up and use them as a weapon.
This first meeting is normally tense. When you meet a murder defendant for the first time they are facing just about the most important event in their life: a trial that may confinethem to prison for the rest of their days; and I, a stranger, am coming to discuss it. Prisoners share information and each will have his favourite barristers; there will be no shortage of inmates advising your client whether you are good, bad or indifferent.
By the time of the first meeting, I will already have anidea of the prisoner's circumstances. Their solicitor will have assembled and typed up for me a Proof of Evidence, which is an account of what they are saying. (A solicitor is a lawyer who takes the instructions of the accused and prepares their case, but does not usually represent them in court.
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