Barristers in Crown Court Cases: What They Do
Last reviewed: June 2026. General information, not legal advice.
In short: a barrister is a specialist court advocate. In serious criminal cases heard in the Crown Court — before a judge and jury — a barrister presents the case, examines and cross-examines witnesses, and makes the legal arguments and the plea in mitigation at sentencing. Barristers are usually instructed by your solicitor rather than approached directly, and their work is often covered by legal aid. In short: the solicitor manages the case; the barrister focuses on the courtroom.
When you need a barrister
Most serious offences are tried in the Crown Court, and that’s where a barrister’s specialist advocacy matters most. For less serious matters dealt with in the magistrates’ court, a solicitor often handles the advocacy themselves. Some solicitors (solicitor-advocates) also have rights to appear in the Crown Court.
What a barrister does at each stage
| Stage | The barrister’s role |
|---|---|
| Before trial | Advises on the evidence, plea and prospects; drafts legal arguments and advises on strategy. |
| At trial | Presents the case to the jury, examines and cross-examines witnesses, argues points of law. |
| At sentencing | Makes the plea in mitigation to seek the lowest appropriate sentence. |
| Appeals | Advises on and argues any appeal against conviction or sentence. |
How a barrister is instructed
Usually your solicitor instructs the barrister on your behalf, choosing someone with the right experience and seniority for the case. (Some barristers can be approached directly under “public access”, but in serious criminal cases the solicitor-led route is normal, because a solicitor is needed to prepare the case.) The solicitor handles the paperwork, evidence and day-to-day contact; the barrister concentrates on the advocacy.
Solicitor or barrister — who does what?
Think of the solicitor as the case manager who prepares everything and is your day-to-day contact, and the barrister as the specialist advocate who presents the case in the Crown Court. In many serious cases you’ll have both, working as a team. The plea in mitigation — the barrister’s speech at sentencing setting out the factors that should reduce the sentence — can make a real difference to the outcome.
Common misunderstandings
- Thinking you hire a barrister directly — usually your solicitor instructs one for you.
- Assuming a barrister handles everything — the solicitor manages the case; the barrister focuses on court.
- Believing you must pay privately — legal aid often covers Crown Court representation.
- Leaving mitigation to chance — good mitigation at sentencing can significantly affect the outcome.
Frequently asked questions
Do I choose my own barrister?
Usually your solicitor instructs one with suitable experience, in discussion with you.
What is the plea in mitigation?
The barrister’s speech at sentencing setting out factors that should reduce the sentence.
Is a barrister covered by legal aid?
Often yes for Crown Court cases, subject to eligibility.
Related guides and official sources
See solicitors representing defendants and prisoners, how sentencing works and what to take to court. Official: GOV.UK legal aid.
