Direct access criminal barrister
Private criminal defence from an experienced barrister, instructed directly. For police interviews advice, magistrates' court hearings, motoring offences, sentencing and appeals, on a fee agreed before work starts.
Can you instruct a criminal barrister directly?
Yes. Under the Bar Standards Board's Public Access rules, a suitably registered barrister can accept instructions in a criminal matter directly from you, without a solicitor. This is a private, paying arrangement: legal aid is not available through direct access, so it suits people who do not qualify for legal aid, or who want to choose their own advocate and know the fee in advance.
A direct access criminal barrister can advise you on the evidence and likely outcome, prepare written representations, draft defence statements and mitigation, and represent you at court. The barrister will first consider whether your case is suitable. In more serious or document-heavy Crown Court cases, the volume of litigation work (obtaining disclosure, instructing experts, tracing witnesses) may mean a solicitor is also needed. Where that is the case, the barrister will tell you at the outset.
Common direct access criminal work
Motoring offences
Speeding and totting up, exceptional hardship arguments, drink and drug driving, failing to provide a specimen, careless and dangerous driving, and special reasons hearings.
Magistrates' court trials
Summary trials for assault, public order, criminal damage, harassment and other either-way offences kept in the magistrates' court.
Sentencing and mitigation
Preparing a structured mitigation plea, character references and pre-sentence report issues to secure the most proportionate outcome.
Pre-charge advice
Advice before or after a police interview, on voluntary interviews, bail conditions and written representations to the CPS.
Regulatory prosecutions
Health and safety, environmental, trading standards and local authority prosecutions for individuals and businesses.
Appeals
Appeals from the magistrates' court to the Crown Court against conviction or sentence, and advice on applications to the Court of Appeal.
Instructing a direct access criminal barrister
Send us a short summary: the charge or allegation, the court and next hearing date, and any paperwork you have, such as the charge sheet, summons, initial details of the prosecution case or a postal requisition. We check availability across our panel and come back with suitable counsel and a written quote.
Once you agree, the barrister sends a client care letter setting out the work, the fee and what you will need to do yourself. You then have a conference, usually by video, to go through the evidence and your instructions. Because the barrister is not conducting litigation, you may need to handle some correspondence with the court or the CPS, with counsel telling you exactly what to send and when.
Time limits in criminal cases are short. Plea hearings can come very quickly after charge, and appeals from the magistrates' court must normally be lodged within 15 business days of sentence. Contact us as early as possible.
What a direct access criminal barrister costs
Private criminal work is quoted as a fixed fee wherever possible. As a broad guide, attendance at a magistrates' court hearing usually starts from around £1,000, with a contested trial or Crown Court hearing priced higher depending on length, the volume of evidence and the barrister's seniority. A one-day trial with a standard-experience barrister is commonly around £2,500 plus VAT. Each quote includes reading the papers, preparation and a conference, and depends on availability.
If you are acquitted after paying privately, you may be able to recover some of your costs from central funds, although recovery is usually limited to legal aid rates. Your barrister can explain how this applies to you.
Enquiring is free. If you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
Independent, regulated counsel
Clerk&Counsel is an intermediary and clerking service and does not itself provide legal advice or representation. Barristers instructed through us are independent practising barristers regulated by the Bar Standards Board and are responsible for the legal services they provide. If you are in police custody now, ask for the duty solicitor, which is free; you can contact us afterwards about representation at court.
Common questions
Can I instruct a criminal barrister without a solicitor?
Yes, if the barrister is registered for Public Access and the case is suitable. Direct access is private and paid; legal aid is not available through this route.
What criminal cases suit direct access?
Motoring offences, magistrates' court trials, sentencing hearings, pre-charge advice, regulatory prosecutions and appeals to the Crown Court are common. Complex Crown Court cases may also need a solicitor for the litigation work.
How much does a direct access criminal barrister cost?
Fees are fixed in writing before work begins. Magistrates' court attendance usually starts from around £1,000, and a one-day trial with a standard-experience barrister is commonly around £2,500 plus VAT, including preparation.
Can a direct access barrister come to the police station?
Police station representation is normally provided by solicitors and accredited representatives, and the duty solicitor is free. A barrister can advise before a voluntary interview or on written representations to the CPS.
How quickly can I get a barrister?
Often within a day or two for an upcoming hearing, depending on availability. Contact us as soon as you have a court date.
Clerk & Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through Clerk & Counsel are independent legal professionals regulated by the Bar Standards Board and are responsible for the legal services they provide. It is free to submit an enquiry; if you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
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