Can I instruct a barrister directly in a criminal case?
Feb 2026
Can I instruct a barrister directly in a criminal case?
Short answer: yes — in many criminal cases you can instruct a barrister directly, without going through a solicitor.
Why people worry about this
Most people assume they must go to a solicitor first. That’s understandable — it used to be the only route. When you’re under investigation or facing charges, uncertainty about who you can contact (and how quickly) adds stress.
How direct access works
Under the Direct Access scheme, you can instruct a barrister directly if your case is suitable. In practice, this often means:
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You contact the barrister yourself
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You receive advice at an early stage (including pre-charge if you wish)
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Fees are agreed clearly at the outset
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The barrister advises whether a solicitor is also needed
- You will have the same barrister throughout.
Direct access can be used in serious and complex criminal cases, particularly where early specialist advice matters. It is also ideal for single hearings such as a sentence hearing, or consideration of a potential appeal.
Where a barrister fits in
A barrister’s role is to advise on the law, evidence, and strategy, and to represent you in court. In many cases, I can:
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Advise on plea, evidence, case strategy
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Review evidence and charging decisions
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Draft a letter requesting a review of a charging decision
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Represent you at hearings, trial, sentence, or appeal
If your case requires a solicitor for procedural or administrative reasons, that advice will be given clearly at the outset.
