The role of the defence
The defence lawyer (a solicitor or a barrister) presents submissions on behalf of the offender, including:
- information about the offender’s personal circumstances, including their education, family and employment history
- any explanations the offender has for committing the offence
- the steps the offender has taken towards rehabilitation or addressing the causes of their offending behaviour, and
- an appropriate penalty.
Like the prosecutor, the defence can provide information to support their submissions, or provide further details to support their case. These may include expert reports from a psychologist or psychiatrist, or character references for the offender.