Facing criminal charges can be daunting and very concerning. The outcome can be life changing for many defendants including the possibility of going to prison and losing one's livelihood. As such, securing good legal representation is paramount. 

Many defendants place their trust in their solicitors and legal teams without considering a second opinion. Unlike in medical or financial matters, where second opinions are commonplace, the legal system has not traditionally encouraged this practice. However, seeking a second opinion—particularly from a Direct Access Barrister—can provide significant advantages, providing a defendant with significant peace of mind and ensuring that they received the best possible defence. 

I am regularly approached by both defendants and the families of defendants to provide a second opinion in the case. Below I will examine circumstances in which defendants may wish to seek a second opinion and how direct access barristers can assist in providing their view on an ongoing case.

Why Seek a Second Opinion?

Ensuring Comprehensive and correct Legal Advice

Criminal law is complex, and defence strategies can vary widely depending on the interpretation of evidence, procedural knowledge, and the experience of the legal team. Even competent solicitors or barristers may overlook certain angles, and a second opinion can reveal alternative legal arguments or weaknesses in the prosecution’s case. In addition, certain areas of law are very specialist and some defendants may wish to consult an expert in the area of law which they find themselves being prosecuted for. 

For example, I specialise in dealing with serious sexual offences including rape cases. Such cases carry very heavy penalties upon conviction and I receive numerous inquiries in respect of assisting defendants in looking at the tactical on legal approaches that are taken to their case and providing my opinion as to what the best way forward is.

Assessing plea

One of the most important decisions that is made in a criminal case is the decision of whether to plead guilty or not guilty. Given the fact that significant discount is given for an early guilty plea, making the right decision at an early stage can be paramount. Often, defendants are advised as to the approach to take but are not sure or comfortable with the advice that they have received. In such circumstances receiving a second opinion on plea can give a defendant the reassurance that they need as to the fact that they are making the correct decision.

Assessing the Strength and direction of the Defence

A second opinion allows for an independent, objective assessment of the case, ensuring that all available defences have been explored. This is particularly important where a defendant has doubts about their current representation or where the advice received seems unduly pessimistic or overly optimistic. A fresh perspective from an independent barrister can clarify the realistic prospects of success at trial or in plea negotiations and can open avenues for defence that may not have been previously identified.

Identifying Procedural or Evidential Errors

Criminal cases hinge on strict procedural rules and evidential requirements. Mistakes in procedure, disclosure, evidence handling and other matters can significantly impact a case and effect the admissibility of key pieces of evidence. A Direct Access Barrister, particularly one specialising in criminal defence work, can scrutinise the case papers for any procedural irregularities or legal arguments that may not have been fully explored by the current legal team.

Reviewing the Quality of Previous Legal Representation

Unfortunately, not all legal representation is of the highest standard. Defendants who feel their case has not been handled effectively—whether due to lack of communication, perceived negligence, or an unsatisfactory outcome—can benefit from an independent evaluation by a barrister with expertise in the relevant area of law. This is espe3cially the case where negative advice on appeal has been given or where there is suspicion of negiligence on the part of the current legal team and an objective opinion is sought. 

For example, I am often asked to assist in providing second opinion advice on appeal post-conviction. In those circumstances there are occasionally criticisms of the quality of the previous representation, it goes without saying that the representatives who are criticised will not be able to give an objective view as to the quality of the representation they have provided, it can therefore be useful to seek a specialist second opinion from somebody experienced in the relevant area of law so as to see whether any criticisms of previous representation is well founded or not.

The Advantage of Seeking a Second Opinion from a Direct Access Barrister

Specialist Expertise

Barristers are specialist advocates with in-depth knowledge of criminal law and court procedure. Unlike solicitors, who often handle a broad range of legal matters, barristers typically focus on litigation and advocacy. This means they can provide detailed, case-specific advice that may be more precise than that of a generalist solicitor.

Direct Access: Cutting Out Unnecessary Layers

Traditionally, barristers could only be instructed through a solicitor. However, the Direct Access scheme allows members of the public to instruct barristers directly, without the need for a solicitor as an intermediary. This may not only reduces cost but also may allow for a faster and more efficient review of a case by an experienced advocate.

Cost-Effectiveness

Legal fees in criminal cases can be substantial, particularly if a case proceeds to trial. Instructing a Direct Access Barrister for a second opinion can be a cost-effective way to obtain a high-level assessment without committing to full legal representation. This is particularly useful for defendants who are funding their own defence and wish to ensure that their resources are being used effectively.

Objective and Independent Analysis

A legal team who has managed a case from the outset and may develop a vested interest in their chosen strategy. A Direct Access Barrister can provide a ‘fresh set of eyes’ and will be able to provide an independent assessment. This detachment can be invaluable in identifying weaknesses, alternative legal strategies, or errors in procedure or case management.

When Should a Defendant Seek a Second Opinion?

While every case is different, some key moments when a second opinion may be particularly beneficial include:

• Before entering a plea – to ensure that the legal advice given is sound and that all options have been properly considered.
• If legal advice seems questionable – for example, if the current legal team advise against a viable defence or discourages challenging evidence.
• Where there has been a lack of, or difficulties in communication and correspondence
• When facing serious charges – where the stakes are high, a second opinion can provide reassurance and ensure the best possible defence strategy.
• After an adverse outcome – in cases where a conviction has already been secured, a barrister can independently advise on appeal prospects.

Conclusion

While seeking a second opinion in criminal cases is not the norm, it can be an invaluable tool in ensuring that a defendant receives the best possible legal advice. The complexity of criminal law, coupled with the potentially life-altering consequences of a conviction, means that no defendant should feel obligated to rely solely on their initial legal team if they have concerns. 

A Direct Access Barrister, with their specialist expertise and independent perspective, provides an accessible and cost-effective way to ensure that every possible legal avenue has been explored.

For defendants who feel uncertain about their legal position, a second opinion could make the difference between conviction and acquittal, or between a severe and a mitigated sentence. Good lawyers should not be afraid of their clients seeking a second opinion. I am not. I believe that seeking such advice is not an admission of distrust in one’s legal team but a sensible step toward ensuring all necessary steps have been taken to ensure that justice is served.

Quentin Hunt is a specialist criminal defence barrister of over 25 years experience, who accepts instructions both through solicitors and on a direct access basis from members of the public. If you have queries about a current case and wish to seek a second opinion then you may Contact Quentin for a free, no obligation discussion about how he may be able to assist in your case.