Why most

self-represented
defendants lose their
cases in court
5 THINGS YOU NEED TO KNOW
Before you say one word to the Magistrates, you need to be able to clearly and
concisely describe your case, the legal issues in your case, and why you say that
the Police / Crown Prosecution Service / your Local Authority have got it wrong.

If you can’t clearly explain the legal issues in your case and don’t understand the
procedure the court and the prosecutor must follow, the Magistrates are likely to
find you guilty as charged.

I am a self-employed Criminal law barrister – and sometimes, the Crown

Prosecution Service instruct me to prosecute people, just like you.

It’s because I’ve seen too many people make the same mistakes, and thought,
“I could have helped them get that case thrown out” or “I could have helped them
get a much better deal”, that I have decided to make my services available to
ordinary people looking for justice – and give you the five simple tips I give to my
clients.

As a direct access barrister, I’ve helped clients use these tips to avoid
convictions, save their licences and keep their reputations intact by giving them
clear and simple advice.

Make these five simple tips a part of your trial preparation and you will give the
Magistrates the clarity they need to give you the best possible result.

Kristin Heimark
NOT UNDERSTANDING THE CHARGE
Sometimes, Magistrates say to people, “You should know
if you are guilty or not”.

Say, for example, you were involved in a dust up with

another driver. Now, you’re in court and everyone’s
waiting for you to say “guilty” or “not guilty”. But before
you say a word, it is important to understand exactly what
you are being accused of.

The problem is, you might not know the difference

between sections 5, 4A, 4 or 3 of the Public Order Act.
You might not even know that there’s a difference
between an “Assault” and a “Battery”. So how can you
possibly know if you’re guilty or not?

You might think that the police and the Crown

Prosecution Service know what they’re doing, and you
can trust they haven’t made a mistake. But they make
mistakes all the time. Imagine what it would be like to
find that they’ve charged you with the wrong thing – and
knowing how to capitalise on the prosecutor’s mistake.

My simple tip – Never guess, look it up. Never assume

that the police, the Crown Prosecution Service or the
Council must be right. Find out for yourself what the
prosecution must prove. What the prosecution must
prove is called “the legal test”.

Does what you’ve done (or haven’t done) meet the legal
test for the charge you’re facing?

It’s only then that you can you really know if you are guilty
or not.
NOT KNOWING YOUR ISSUE
Once you know the legal test that applies to your charge,
you need to find the legal issue.

For example, if you are charged with Theft, you will find
that the legal test for Theft is the, “dishonest
appropriation of property belonging to another with the
intention of permanently depriving the other of it”.

Maybe you bought and paid for the property in question.

The issue would be, “it was my property”.

My simple tip – Figure out what the issue is and then try
to find evidence that supports you. “It’s my property and
here’s the receipt” may work wonders in shutting down a
Theft allegation.
CRIMINAL LAW 101 - NOT KNOWING THE
DIFFERENCE BETWEEN “EVIDENCE” AND
“DISCLOSURE”
Evidence is something (including witness statements,
physical objects, machine readings, etc) which is offered
to the court to prove or disprove an alleged fact.

Disclosure is letting the other party know the case it will

rely upon at the trial - and other material they have
relating to the case, but that they aren’t going to use as
evidence at the trial.

When the prosecution say that they have, “served

disclosure”, they mean that they have sent a schedule
listing the unused material, not the unused material
itself.

Here’s one even some lawyers don’t seem to

understand ….

Would you like to see some of this unused material?

Sending emails asking the Crown Prosecution Service for
it is unlikely to spur them into action – as there’s a
special procedure that is supposed to be followed. If you
or your lawyer haven’t followed the procedure, don’t be
surprised if the court says the case will carry on
regardless.

My simple tip – Insist upon on timely Disclosure. Then

decide whether there’s anything on or missing from that
Schedule of Unused Material that you would like to see.
If there is, stop wasting time with emails and follow the
procedure to get it.
NOT KNOWING THAT THE
MAGISTRATES ARE UMPIRES – NOT
“TRUTH-SEEKERS”
I’m surprised by the number of people who want their day
in court. Their big mistake is thinking that their trial is a
fact-finding exercise where the Magistrates care about
what “really” happened.

Many people don’t know that Magistrates are an umpire

in a contest - and they are there to decide whether a case
has been proved on the evidence presented - and to
make sure that both sides play by the rules.

Magistrates aren’t lawyers – they are guided on how the

rules apply by Legal Advisers who work for the court.

The problem is, just like in any contest, your opponent

isn't always right - and neither is the referee.

Think about it: how are you going to win the contest if
mistakes are being made - and you don't even know
what's happening is wrong?

My simple tip – Know the rules, or hire someone who

does, before you start gambling with your licence, liberty
or good name.
UNDERESTIMATING HOW MUCH TIME
IT WILL TAKE TO PREPARE FOR TRIAL
When prosecuting, I’ve heard self-represented
defendants tell me that they felt, “out-gunned” and that
the run up to their trial has been, “nerve-wracking”.

This is hardly surprising. They might as well have been

asked to fix their own car engine failure under the
pressure of time - and then show that they have done it
right by giving it a spin on the M25.

If this is your first time in court, it will take time to get to

grips with the evidence, the relevant law, procedure, and
how you should present your case. It will also take time
for you to draft documents or make applications which
may give you a tactical advantage.

Compare the cost of taking time off work to prepare and

the anxiety of not knowing if you are doing it right against
the cost of hiring a direct access barrister to do this for
you

My simple tip – Give yourself the time to succeed.

Preparation is the key to avoiding anxiety and ensuring
you present your best case to the Magistrates.

If you do want a barrister's help, check their availability

asap to make sure they can cover your court date.
 Most people facing Criminal charges make common (and unnecessary) mistakes which
cost them dearly. I'm a Direct Access Barrister and help people avoid the common mistakes
that can cost time and money - as well as loss of licence, job, reputation or worse. Clients
who use my services avoid unnecessary guilty verdicts and harsh penalties - and get their
lives back on track much faster.

Get clear and simple advice, the best possible strategy and fixed fees for peace of mind.

GET A FIXED QUOTE