If your practice has been predominantly civil/family and you’ve recently taken on a criminal case, please read this carefully. The instincts that serve you well in civil litigation can be catastrophic in criminal defence.
In civil matters, early disclosure and cooperation often leads to efficient resolution. (Just quick and Cheap, central practice direction etc)
Criminal law operates differently.
The prosecution bears the burden of proving guilt beyond reasonable doubt. Your job is to hold them to that burden—not to help them meet it.
I’ve seen it happen too many times: a well-meaning solicitor notices a gap in the prosecution brief—perhaps problematic CCTV footage or an inconsistent statement—and decides to raise it with police. To “clear the air.” Don’t.
When you alert police to weaknesses in their brief, you give them the opportunity to re-interview witnesses, gather additional evidence, and prefer additional or more serious charges.
A matter that might have been successfully defended can transform into something far worse, simply because defence “helped.” Never voluntarily point out problems with the prosecution case. Only in the rarest of circumstances (1 in 1000 cases) would this be done for tactical reasons.
Never send police material they don’t already have. Your client trusts you to protect their interests—not to build the case against them.
When you don’t know what you’re doing, seek advice from someone who does – my door is always open!