Criminal law is an exciting and wide-ranging career that takes you from the office to the crime scene to the interrogation room.
Many people think that a criminal lawyer is simply someone who advocates for their client in court using paperwork and asking questions to the people on the stand.
While that is part of the job, it’s not the only thing you can expect to do as a criminal lawyer.
But what else is there, and what can you expect out of a career in the criminal law field?
What Does a Criminal Lawyer Do?
Criminal lawyers are the lawyers involved when a crime has either occurred or allegedly occurred.
I say this because there are many different kinds of lawyers but most people think of criminal lawyers as the only type. Lawyers who don’t deal exclusively with crime include bankruptcy lawyers, divorce lawyers, environmental lawyers, property lawyers, tax lawyers, and family lawyers. So it’s important to understand the distinction between the specialities of law!
The job of criminal lawyers is to give every accused party a fair trial, to lay out all the evidence in favour of and against the defendant, and let fair justice be administered.
Types of Criminal Lawyers
In the criminal law branch, there are two main specialities.
Defence Lawyer
Defence lawyers represent accused parties in the courtroom and attempt to prove their innocence.
Defence lawyers are either hired by the accused or appointed by the court to represent the accused if the accused cannot afford their own defence lawyer.
Prosecution Lawyer
Prosecution lawyers attempt to prove that the accused party is guilty beyond a reasonable doubt in the courtroom.
Prosecution lawyers are also known as Crown Prosecutors or State Prosecutors (in Western Australia). They are appointed by the Director of Public Prosecutions on a term basis and are called in to represent the community (the ‘Crown’) in the event of a criminal accusation.
Having both of these parties in attendance as standard court proceedings means that Australia has an adversarial legal system, where arguments are presented from both sides.
What Are Barristers and Solicitors?
All barristers and solicitors are lawyers. The difference in the title refers to the type of work these lawyers do.
Barristers are specialists in specific types of cases, are generally self-employed, are advised by solicitors (not usually by clients directly), and present cases in court on behalf of the client and solicitor. They have more education and experience than solicitors.
Solicitors generally work in law firms, work directly with clients, will hire a barrister if needed, and gathers all evidence required to make a good case to provide to a barrister or to present. They engage with more generalised types of work rather than do one thing specifically.
What Education Do I Need to Become a Criminal Lawyer?
You can get a Bachelor of Law (LLB) in Criminal Law degree from many different institutions all over Australia.
Before you enrol, ensure that the university and program are approved by the Law Society for the state and/or territory where you want to practice law.
If you already have a Bachelor’s degree in a non-law field, you can study a Juris Doctor (JD), which is a program that can prepare you to continue your law education without needing to earn a second bachelor’s degree. This usually takes three years of full-time study to finish.
To become a lawyer of any kind, there are strict and comprehensive requirements.
After achieving your Bachelor of Law degree or your Juris Doctor, you’ll need to complete Practical Legal Training (PLT) as an intern working under an experienced lawyer. This usually takes about 80 days.
Or, you can complete a Graduate Diploma of Legal Practice.
Then, apply for approval from the Admissions Authority in the state in which you want to practice law. You must apply within 5 years of obtaining your degree.
After you obtain your approval, you have a few choices for furthering your law education and career.
To become a solicitor, you’ll need a Practising Certificate from the Law Society in the state in which you want to practice law. You’ll be a practising lawyer working under the supervision of an experienced practising lawyer for 18 to 24 months.
You can then be a solicitor with a firm or on your own for a few years while you gain experience and build your reputation. This is when you can begin practising criminal law on your own!
To become a barrister, you will need to, after obtaining approval from the Admissions Authority, pass the bar exam. You can do this after you’ve spent some time as a solicitor, or you can skip this step and go right for the bar.
Once you pass the state/territory bar exam(s), you are eligible to enrol in the state’s Readers’ Course, which is 8 weeks long. Afterwards, you can then work under the supervision of one or two practising barristers for at least 7 months (depending on the requirements in your state/territory).
Once you’ve completed this mentorship, you can practice as a barrister anywhere in Australia.
From here, you will become a Junior Counsel. After some time, you’ll become a Senior Counsel. If you show exemplary work, you’ll become a Queen’s Counsel.
Senior and Queen’s counsel barristers are eligible to become judges and magistrates.
You could also pursue Master's degrees in specific areas you want to practice law in, like Master of Environmental Law, Master of Criminology, Master of Business Law, Master of Administrative Law and Policy, and so on.
Are There Different Requirements to Become a Criminal Lawyer in Different States in Australia?
Each state or territory may have different requirements, so it’s important to know where you want to practice and how to meet those requirements before you enrol in a program.
Make sure you check the requirements in the state or territory you want to ultimately practice law in so you get the right education and complete the proper prerequisites required.
What Skills Do Criminal Lawyers Need?
While being a lawyer is a well-respected field that many people pursue, it takes a particular skill set to enjoy and excel as a lawyer.
Most criminal lawyer positions will have a great deal of office and paperwork, but some positions require fieldwork as well.
Every criminal lawyer should have
- Proficient understanding of local laws and regulations
- Ability to complete time-bound procedures
- Excellent communication skills for working with clients, Crown Prosecutors, and other law officials
- Ability to develop a strong and sound case strategy
- Good negotiating skills
- Strong speaking skills for presenting information in court
- Organisation skills, eye for detail, intuition, initiative-taking, and passion
For positions that require more than just desk work, criminal lawyers need
- Investigative skills for asking important questions at crime scenes and collecting evidence
- Interrogation and interview skills like communication and psychology
- Confidence and drive to investigate in the community
- Ability to identify and contact witnesses and professionals to gather evidence
While being a criminal lawyer is a very safe career, you must also be aware of ways to keep yourself safe in the event of a very heated or important case. As a new lawyer, you likely will not be exposed to high-profile cases, but as you advance your career you may end up in some uncomfortable situations. But don’t worry! There are many protections in place and the likelihood of being involved with danger is low.
Kinds of Jobs Can I Get As a Criminal Lawyer?
The title “criminal lawyer” is a generalisation that encompasses many different job titles.
You can become a solicitor in different sectors, like
- Family Lawyer
- Criminal Lawyer
- Client Support Case Worker
- Traffic Lawyer
- Civil Lawyer
- Criminal Law Research Administrator
- Policy Advisor
- Strategic Policy and Planning Manager
- Intelligence and Policy Analyst
- Correctional Services Officer
- Child Protection Officer
Being a criminal lawyer in any specific field can be a fulfilling and comfortable career for many people.
Of course, it depends on your passion for helping people and handling the bureaucratic aspects of law, but knowing that you are helping people and your community is a strong motivator to keep up the work.
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