What would be the difference between a solicitor and barrister in the CPS

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Shoto
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#1
Report Thread starter 4 years ago
#1
I'm not sure but I think:
Solicitors- write indictments, decide charges, gather evidence
Barristers- Represent and build a case?
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Notoriety
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#2
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Same as self-employed barristers and in-house solicitors.

Barristers represent; solicitors advise on the law and in this case ultimately make charging and proceeding decisions in line with the law.
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DCDCo
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#3
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#3
Solicitors in the CPS will make decisions on cases. You will more than likely start working for CPS Direct, dealing with charging issues as presented by the Police for cases they are investigating. You could also work presenting cases in the Magistrates court. Moving on, you may move to a regional role (such as Wessex CPS) and become a senior figure within the region, providing specialised advise in cases of RASSO (Rape and Serious Sexual Offences) or advising on the most serious of offences such as Murder.

The CPS does have "in-house" Barristers who present cases in the Crown Court on behalf of the Crown. These cases are generally the more serious cases. The majority of cases in the Crown Court however are presented by your classic Barrister who is a member of a chambers, authorised by the CPS to present cases on behalf of the crown.

Solicitors will indeed draft indictments and decide charges. They play absolutely no role in the gathering of evidence.
Barristers will present a case to the court. In terms of "building" a case, they will merely use the evidence provided to them by Police to present an effective case.

Source: Detective for the Police.

Hope that helps!
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Legal20171
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#4
Report 4 years ago
#4
There is very little difference in the work done. The training is slightly different (12months vs 24months). It really depends on which department you are in as to what you will do. Barristers don't need higher rights to be heard in Crown Court, but Solicitors can self-fund and do higher rights and present Crown Court cases. Trainee Barristers will usually be on their feet in the Mags court for their second 6, Trainee Solicitors are on their feet at somewhere between 12 and 18 months in.Currently only senior prosecutors can provide pre-charge advice. As for 'playing no role in gathering evidence' - in a practical sense, the CPS lawyers (whoever is reviewing a case) will make enquiries to the police regarding evidence provided and will discuss with police any evidence we think may still be required- there needs to be a reasonable prospect of conviction for a case to proceed to court, this is different to the burden required to charge someone with a crime.
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