Criminal law

To some, the criminal justice system represents the essential mechanism by which society is saved from anarchy at the hands of the greedy, selfish, violent and generally antisocial. To others, crime merely provides the inspiration for 85 per cent of television dramas. Either way, criminal law is relevant and vibrant, and a career at its coalface is well stocked with challenges and a variety of rewards.

A criminal law barrister's work

Each case enjoys its own peculiar plot, cast of colourful characters and particular, sometimes unpredictable, finale. Trials can take a day or last many months but most are over within a week. Barristers can mix prosecution one day with defence the next. When prosecuting, the client is usually the state (the Crown Prosecution Service, HM Revenue & Customs or other prosecuting authority). When defending, the client may be any man, woman or child who has fallen from the righteous route of the Clapham omnibus. Many will have had lives blighted by drugs or childhood abuse but others will have had privileged upbringings, tarnished only by ensuing greed or other human vice. Obviously, all will be innocent unless proven otherwise.

One’s shelves may creak under the weight of dozens of ongoing briefs. Weeks can be crammed full of administrative hearings and bail applications in many far-flung courts. Or there might be the relative comfort of a three-month trial, conveniently ensconced in a court close to home. Most practitioners will be in court every day, returning to chambers afterwards to spend their afternoons and often their evenings preparing for the next battle. Travel opportunities are usually limited to the local region. Zurich, Milan and New York will not appear in the travel itinerary. Better to book the 7.30 am train to Reading, Stoke or Leicester.

The criminal bar is demanding and varied, full of excitement, sociability, intrigue and interest. There is independence in one’s work. And there is no other place for a bewigged and gowned orator to be than closing a tricky case before a jury of the defendant’s peers. However, against these riches one must always consider that almost all work at the criminal bar is now government funded and therefore tightly controlled. Those wanting to become fat cat lawyers should seek their nourishment elsewhere. Financial life at the very junior bar can be extremely challenging indeed.

Developments in criminal law

The tabloid press and television news feed ravenously on criminal justice. The government responds ever more regularly with new criminal legislation. Despite the survival of some centuries-old statutes, this is a fast-changing area of law. Sentencing, in particular, can be labyrinthine.

Is criminal law recession-proof?

Government statistics suggest that crime does increase during an economic downturn. So, good news for the criminal barrister. But a squeeze on finances puts pressure on legal aid and CPS budgets, so don't expect suddenly to become rich. However, while employers lay off thousands, self-employment provides welcome security.

What skills do criminal law barristers need?

• Confidence and independence.
• The ability to assimilate facts rapidly and think quickly.
• Strong advocacy.
• Empathy and an affinity for homo sapiens – this job is all about interaction with one’s fellow humans, be they defendant, victim, witness, police officer, solicitor, judge or jury.

Criminal law pupillages

First six pupils can expect to follow their pupil supervisors to the Crown Court during the day, before returning to chambers in the afternoon to draft case summaries, advices on appeal and suchlike. It’s more than nine-to-five, but rarely does one put in as many hours as a trainee at a big City law firm. The second six brings genuine responsibility, representing bona fide criminals in the magistrates’ courts and sometimes Crown Courts. Bail applications, mentions (short administrative hearings), sentencing hearings and small trials fill the diary.

Types of law practised

• Criminal.

Gareth Branston is a barrister at 23 Essex Street. He studied law at Queens’ College, Cambridge, was called in 1996 and has since appeared in all criminal courts, including the House of Lords.