What is a ‘Defence Statement’ in criminal proceedings?

A defence case statement is a document, usually prepared by the defence lawyer, which is required to be prepared and served on the Prosecution (Crown Prosecution Service) in Crown Court proceedings before a trial hearing begins (at least 14 days before). Defence statements may be served in the Magistrates Court (which deals with less serious offences), although this is quite a rare occurrence and is more commonly used for less obvious defences, such as more complex proceedings against a company, as these would assist the Court.

What must be included in a defence statement?

The defence statement should be clear, accurate and relevant to assist the parties (including the Court) to understand exactly what defence the defendant proposes to rely upon at his trial. This is all done in the spirit of trying to deal with cases justly, efficiently and swiftly. There are certain features which must be included in the statement, as follows:

• The nature of the defence;
• What he disputes with Prosecution about (and his reasons);
• Any points of law he takes issue with (such as abuse of process or admissibility of evidence);
• Any witness details who could support his defence.

It would be a good idea to attach pieces of evidence which supports the specific defence which the defendant intends to reply upon at trial.

If the defendant believes that the prosecution have “no case to answer” (which basically means the defendant thinks the prosecution have not passed the ‘burden of proof’ (ie. “beyond reasonable doubt”) to safely convict the defendant), then he may do so without advancing a defence. This is always a risk to the defendant, especially is he chooses to actively refrain from submitting a potentially successful defence.

If you’re currently subject to a criminal prosecution, and would like to prepare and submit a defence statement, get in touch with our criminal law team solicitor Nils O’Donoghue on 01924 379 078 or email NilsO@chadlaw.co.uk for a chat on how we can help you.