What Do Criminal Lawyers Do? Understanding Their Role in the Justice System

Criminal lawyers are a crucial part of the South African legal system and help to defend individuals and corporations accused of committing crimes. These can be violent or non-violent and include but are not limited to fraud, murder, embezzlement, and break-ins.

The Criminal Procedure Act serves as a guide for procedures and processes that criminal lawyers in South Africa must follow. The act is in place to help curb criminal activities in the country. 

In this article, we will examine what criminal lawyers do, the various types of cases they handle, and how to become a criminal lawyer in South Africa.

Who is a Criminal Lawyer?

In South Africa, lawyers are a generic term for individuals who have graduated with a Bachelor of Laws (LLB), completed their training, and been admitted into the profession by the High Court. 

When we define what what criminal lawyers do, the criminal lawyer’s role can be that of an attorney or an advocate. Attorneys are the clients’ first point of contact, who study the case, support the client, and try to settle. If the case needs to go to trial, the attorney hires an advocate to represent the client in court.

Advocates specialising in criminal law help develop a strategy, build a legal defence, and represent the client in court. Criminal lawyers try their cases in Criminal Courts. Similarly, there are other specialist courts, such as Tax Courts, Land Courts, and Labour Courts.

Criminal lawyers work within the bounds of the Criminal Procedure Act, adopted in 1977. Since then, the act has been amended several times to include additional provisions.

Read more on Understanding the Types of Lawyers in South Africa

What are the Roles and Responsibilities of a Criminal Lawyer?

Once we study what criminal lawyers do, we can understand that their roles and responsibilities vary depending on whether they are criminal attorneys or criminal advocates in South Africa. While they both need to complete an LLB degree and gain acceptance by the High Court, their practical experience and Bar Exam are different.

Criminal attorneys are clients’ first point of contact and can help guide them to the options available. Their roles and responsibilities include:

• Case assessment: Attorneys study the case that the client brings and evaluate the options that are available to them

• Legal advice: They offer legal counsel, present the various options, and guide clients in deciding.

• Maintaining confidentiality: Attorneys must maintain the attorney-client privilege and not disclose the discussed matter to third parties. This is a critical responsibility when we think about what criminal lawyers do.

• Continuous client support: If the case goes to court, the attorney is a source of continuous support and a point of contact for the client. The attorney can update them on legal strategies and the court’s process.

Advocates help to represent criminals – individuals and corporations – in court with consultation with the representing attorneys. The roles and responsibilities of a criminal advocate include:

• Research and analysis: When an advocate is approached, they must study and research the case independently to devise a plan. 

• Develop a legal strategy: In consultation with the attorney, the advocate can develop a legal strategy based on the research, client interviews, witness statements, and footage (if any).

• Draft legal documents to be presented in court: They are also responsible for drafting and submitting documents to the court as per the deadlines. These documents must be researched and well-structured pieces of literature.

• Represent the client’s best interests in court: Advocates must set aside their biases and view the case subjectively. When assessing what criminal lawyers do, this is among the most important

They must also cross-examine witnesses and present evidence that helps to absolve the client of the crime. If it is evident that a crime was committed, advocates can negotiate for a lowered sentencing or fine.

Read more on What Does an Advocate Do

What are the Types of Cases Handled by Criminal Lawyers?

Criminal lawyers, like any other specialist lawyer, handle various cases. When people think of what criminal lawyers do, they often associate them with violent crimes. However, criminal lawyers also represent individuals and corporations for non-violent crimes. These can include fraud, counterfeiting, reckless driving, hacking, etc.

Attorneys might try to settle some cases outside of the courtroom, but it a case needs to go to trial, they will need to approach an advocate. Together, they can develop a legal strategy that will lead to a positive outcome in the courtroom. 

These are some of the types of cases that criminal lawyers in South Africa can handle:

• Murder
• Theft
• Public Indecency
• Embezzlement
• Arson
• Forgery
• Trespassing
• Treason
• bribery

How to Become a Criminal Lawyer in South Africa?

The educational qualification to become a criminal lawyer in South Africa is the same as any other specialist lawyer. They must pass their matric exams with a Bachelor’s Pass and then complete their LLB degree from an accredited university. 

The criminal lawyer requirements for advocates and attorneys follow the same educational degree. However, their path begins to differ after completing the degree. Therefore, students need to decide if they wish to become an advocate or an attorney by the time they reach the final year of their undergraduate degree.

After completing the undergraduate degree, attorneys and advocates in South Africa follow a different path. If students are wondering what criminal lawyers do before they can practice, these are the paths that they can take.

Becoming a Criminal Attorney in South Africa

1. Complete LLB
2. 2 years of Articleship at a registered law firm
3. Pass the Attorneys Admission Exams
4. Apply to the High Court for admission into the profession

Becoming a Criminal Advocate in South Africa

1. Complete LLB
2. 1 year of pupillage under an experienced advocate
3. Pass the Bar Exam
4. Apply to the High Court to be admitted into the profession
5. Register with the Legal Practice Council
6. Be admitted to the Bar of the area in which you wish to practice

Conclusion

Criminal lawyers are integral to the South African legal and justice system. They represent clients and corporations charged with violent and non-violent crimes. If we try to answer what criminal lawyers do, it is lawfully representing clients in court to the best of their ability without bias or prejudice. 

The Criminal Procedure Act was established to help define criminal acts and procedures and related matters. Lawyers complete their education, gain practical training under an experienced criminal lawyer, and pass the Bar before they can begin practice.

Aspiring criminal lawyers should check Regenesys’ School of Law for more information.

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