Defence
The role of the defence is to work with their client to try and gain two things, the person to be shown not guilty or for them to leave court with a reduced sentence or if possible get there sentence withdrawn. They work off their clients’ interests persuading the jury to give them what they want. A defence team consist of a barrister, a legal executive and a solicitor they produce a report to be given in the court as well as sufficient pieces of evidence which can draw the suspect away from the crime, this can consist of alibis to prove the suspect wasn't located at the crime scene. It is up to the legal executive to decide whether or not to take on the case if they decide to do this they will inform the clients solicitor. The solicitor will then have the role of preparing for court and dealing with the client. A criminal solicitor is appointed to the client to ensure they are being treated fairly the criminal solicitor will offer the best advice for the client in order to proceed with their case. Another role of the criminal solicitor is that they will interview witnesses and collected and collate evidence to provide in court, although the criminal solicitor won’t provide their findings in court this will be done by the barrister who will represent the defendant. Barristers are called upon in high profiled cases, especially in serious criminal law cases this is due to the extensive experience they hold and there understand of the law they are a crucial part of the hearing in a trail and the sentencing process. The responsibility of the defence is to argue against the prosecution and convince the jury what there say isn't correct the defence helps to protect the individual and ensure they are being treated equally throughout the investigation. They inform the defendant of the rights and also tell them if its best to plead guilty or not guilty. The defence team may also interview witnesses to get a clear understanding of how they can make the jury believe the defendant had nothing to do with the case, the team may also have witnesses being questioned in court to state the where about of the defendant on the day of the crime.
Role of the Defence within the Soham Murders
Huntley pleaded not guilty throughout the whole investigation although at the end of the trial he was jailed for the murder of both Jessica Chapman and Holly Wells due to the jury believing he was beyond all reasonable doubt in fact guilty. To reduce his sentence the defence tried to persuade the judge and jury to sentence Huntley to manslaughter although this was declined due to the sufficient pieces of evidence shown in court. Maxine was also jailed for her role within the girls deaths which she also denied having anything to do with, although she was only jailed for perverting the cause of justice and was prisoned for three and a half months she was found clear of assisting an offender. Maxine Carr was freed under police protection in May 2004 after spending 16 months on remand pending her trial. Maxine Carr has been given a new identity upon release and was granted an indefinite order protecting her new identity by high court. This shows that even though Huntley had the role of the defence trying to protect him within the case due to the amount of forensic evidence against him the defence wasn't able to help. The argument for the defendant would vary within different criminal investigations dependant on the type of crime they are being accused of, although the defences roles and responsibilities are seen similar throughout as they always attempt to get there clients sentence either reduced or taken away.