Understanding the solicitor's role in a criminal case: advice, defense prep, and navigating the system.

What does a solicitor do in a criminal case? Let’s clear up a common confusion.

If you’ve ever watched a courtroom drama, you’ve heard terms like “the attorney,” “the prosecutor,” and “the defense.” In real life, those roles sit in different places with specific jobs. A question that often pops up in studies like SCCJA Block 1 content is this: what exactly does a solicitor do in a criminal case? The simple answer isn’t as simple as “they defend.” Here’s the clearer picture.

Who a solicitor is, and what they do

• A solicitor is a lawyer who represents clients and gives legal advice. Think of them as the guide through the maze of rules, rights, and possible outcomes.

• In criminal matters, solicitors help clients understand what charges mean, what their rights are, and what options exist at each stage.

• They work with clients to prepare for what comes next—whether that’s negotiating a plea, gathering evidence, or deciding how to respond to police interviewing.

• In many places, solicitors may instruct or work with other kinds of legal professionals (like barristers or advocates) to present a case in court, depending on the jurisdiction.

Who prosecutes, and why that matters for the right term

• The person who prosecutes a case represents the state or government. That role goes by different titles in various places (prosecutor, Crown prosecutor, district attorney) and it’s their job to argue the case against the accused.

• Prosecution is about proving guilt beyond a reasonable doubt, based on evidence collected during the investigation.

• This role is distinct from the solicitor’s job of advising and representing a client. The prosecutor isn’t defending the accused; they’re pursuing the case on behalf of the state.

So, is a solicitor also a prosecutor? Usually not

• In most systems, a solicitor’s core job is to support their client—whether that client is the accused or someone else in civil or family matters—by explaining law, rights, and options.

• The prosecutorial path is a different career track, focused on the state’s case, courtroom arguments, and presenting evidence to a judge or jury.

• That split between advising/defending and prosecuting is exactly why the same word doesn’t fit both roles in many places.

Where the confusion tends to come from

• In some jurisdictions, the term solicitor can cover a wider range of duties, including advocacy in court, so it might seem like one person wears multiple hats. In those settings, a solicitor might appear in court on certain matters and still be primarily engaged in advising or negotiating for a client.

• TV shows and movies don’t always reflect the real division of labor. They blur lines for drama, but in real life, the lines are more defined. Understanding who is paid to argue the state’s case versus who helps a client navigate the law is key to following a criminal process.

How solicitors fit into the flow of a criminal case

• Early stage: The solicitor explains charges, potential defenses, and what evidence might matter. They advise on how to handle police interviews and what information to share or withhold.

• Investigation and evidence: They guide the client through the process of gathering documents, evaluating witnesses, and building a coherent story the client wants to tell.

• Negotiations: If there’s a plea option, solicitors discuss possible outcomes, what concessions might be reasonable, and how a plea could affect sentencing.

• Courtroom stage (where it happens): In jurisdictions where solicitors have advocacy rights, they may appear in court to present arguments or to brief a barrister or advocate who handles the formal court work. The key point remains: the solicitor’s role is to support and advise the client, not to prosecute.

• Post-trial options: If the case moves forward, solicitors may handle appeals, bail applications, and other legal steps, always with the client’s interests in mind.

Why this distinction matters for SCCJA Block 1 content

• Clarity about roles helps you understand how a case moves from investigation to resolution. When you know who does what, it’s easier to follow the sequence: rights, evidence, defense strategy, and then court action.

• It also sharpens critical thinking about legal arguments. If someone argues that a solicitor prosecutes, you can spot the misalignment and explain the real structure: the state prosecutes; the solicitor advises or defends.

• This awareness is useful beyond exams. It helps you read news about actual cases, understand courtroom dynamics, and discuss legal matter with accuracy.

A quick analogy to anchor the idea

• Picture a sports team. The prosecutor is like the team captain who calls plays against the other team (the defense). The solicitor is the assistant coach who analyzes the rules, scouts the opponent, and helps the players understand their options. They talk, strategize, and support—but they don’t take the final shot themselves unless the local rules permit it. In many leagues, the final shot is taken by the person who is authorized to act in court, while the rest of the crew shapes the plan.

Key takeaways you can hang onto

• A solicitor provides legal advice and client representation in criminal matters.

• The prosecutor (or crown prosecutor) handles the state’s case against the accused.

• The two roles are distinct, though a solicitor may guide a client through negotiations, defenses, and the courtroom process.

• Understanding this division helps you grasp how criminal cases unfold and why certain actions happen at each stage.

If you’re studying topics like this, keep an eye on the language used in exams and case materials

• Terms matter. Noting who is “prosecuting” and who is “advising” helps avoid mix-ups.

• Look for context clues about the jurisdiction you’re studying. Titles can shift across countries, and that shapes who does what in practice.

• When in doubt, map the steps of a case from investigation to verdict, and label each step with the responsible role. It’s a simple exercise that pays off in clarity.

A small digression you might appreciate

• It’s easy to assume the line between defense and prosecution is blurred in real life because legal work is collaborative. In many cases, a solicitor will work closely with a client to prepare for what a trial might look like and may even consult a specialist advocate for courtroom presentations. The goal isn’t to win a popularity contest in court; it’s to ensure the client’s rights are protected and that the legal process is fair and transparent.

Bottom line

In the everyday practice of criminal law, a solicitor’s job centers on advising clients, explaining options, and guiding them through complex procedures. Prosecution, by contrast, is the domain of the state’s legal representatives who present evidence and argue for a conviction. Getting this distinction right isn’t just a quiz answer; it’s a foundation for understanding how justice works in real life.

If you’re curious to explore more about how these roles play out in different jurisdictions, I’m happy to share more real-world examples, common issues, and plain-English explanations of terms you’ll encounter on Block 1 topics.