If you have been charged with a criminal offence in Queensland, you may hear terms like solicitor, barrister, or counsel. It’s common to feel unsure about who does what. Both solicitors and barristers play essential roles in the Queensland criminal justice system, but their responsibilities differ significantly.
Understanding these differences helps you know how your criminal defence team operates and when it may be necessary to engage both a solicitor and a barrister.
This article explains:
- The difference between a criminal solicitor and a barrister in Queensland
- When you might need to brief a barrister
- Practical examples of how both roles work together in criminal matters
The Role of a Criminal Solicitor in Queensland
A criminal solicitor is usually your first point of contact when facing a police investigation or criminal charge. They guide you through each stage of the criminal process from your first interaction with police to the preparation of your defence and any court appearances.
Responsibilities of a Criminal Solicitor
A criminal solicitor’s key duties include:
- Initial legal advice: Advising you during police interviews, bail applications, and on whether to make a statement.
- Case preparation: Obtaining and reviewing the QP9 (police court brief), analysing the evidence, and identifying potential defences.
- Liaison and communication: Dealing directly with police prosecutors, the Office of the Director of Public Prosecutions (ODPP), and court staff.
- Court appearances: Representing clients in the Magistrates Court for mentions, bail applications, committal hearings, guilty pleas, and sentencing for less serious matters.
- Client support: Keeping you informed, explaining your options, and advising on the likely outcome of your case.
Your solicitor manages your case from start to finish and is always your main point of contact.
The Role of a Criminal Barrister in Queensland
A barrister is a lawyer who specialises in courtroom advocacy and complex legal argument. They are often engaged by solicitors to represent clients in more serious or complicated cases.
Responsibilities of a Criminal Barrister
A barrister’s work generally involves:
- Courtroom advocacy: Running trials in the District Court and Supreme Court, cross-examining witnesses, addressing juries, and making submissions to judges.
- Complex legal advice: Advising on evidence admissibility, statutory interpretation, or sentencing principles.
- Written submissions: Preparing detailed arguments for pre-trial applications, no-case submissions, and appeals.
- Appeals: Representing clients in the Queensland Court of Appeal or High Court of Australia.
While your solicitor remains your day-to-day contact, your barrister focuses on delivering skilled courtroom advocacy and strategic argument during the more complex stages of your matter.
When Is a Barrister Needed in Queensland?
Not every criminal case requires a barrister. For many summary offences heard in the Magistrates Court, a solicitor can manage the entire case. However, there are circumstances where engaging a barrister is strongly recommended or essential.
You may need a barrister when:
- The charge is serious: Indictable offences such as rape, drug trafficking, or murder almost always require a barrister, particularly if a jury trial is involved.
- The matter involves complex legal issues: For example, contesting a search warrant, disputing forensic evidence, or dealing with complicated statutory provisions.
- The case goes to trial in a higher court: The District and Supreme Courts require specialised trial advocacy, which is a barrister’s area of expertise.
- You are appealing a decision: Appeals are based on detailed legal argument, making a barrister’s involvement essential.
- Strategic advantage is needed: Having a barrister deliver persuasive submissions at sentencing or during negotiations can influence the outcome.
Examples of How Solicitors and Barristers Work Together
Example 1: Drink Driving Plea in the Magistrates Court
A first-time offender charged with drink driving may only need a solicitor. The solicitor obtains the QP9, provides legal advice on likely penalties, prepares submissions, and appears in court on the client’s behalf at the plea of guilty.
Example 2: Trafficking in Dangerous Drugs
A person charged with drug trafficking faces complex evidence, including covert police surveillance and forensic analysis. The solicitor manages disclosure and case preparation, while a barrister is briefed to handle pre-trial applications, conduct the jury trial, and cross-examine witnesses.
Example 3: Appeal Against Sentence
A convicted person who believes their sentence was excessive will have their solicitor file the appeal and gather documents. The solicitor then briefs a barrister to prepare detailed legal submissions and argue the appeal in the Court of Appeal.
Key Differences Between Solicitors and Barristers in Queensland
| Role | Typical Responsibilities | Court Level |
| Solicitor | Manages your case, gathers evidence, liaises with prosecution and court staff, appears in the Magistrates Court | Magistrates Court |
| Barrister | Specialises in courtroom advocacy, complex argument, and appeals | District Court, Supreme Court, Court of Appeal |
When to Involve a Barrister
Whether you are facing a serious criminal charge or a minor traffic offence, obtaining early legal advice is crucial. Your solicitor can assess your situation and determine whether a barrister should be engaged to strengthen your defence.
If you need experienced representation, contact our criminal defence lawyers in Brisbane or the Gold Coast. Our team can explain your options, connect you with the right barrister if required, and ensure you receive expert advice throughout your case.
If you need help, contact us at:
Brisbane Office
📞 (07) 3221 4999
Gold Coast Office
📞 (07) 5532 3133
Lismore Office
📞 (02) 6616 2101
After Hours
📞0488 999 980