1. We need to prepare a defence statement on your behalf. A defence statement is a document setting out details of the defence you propose to put forward and the reasons why you challenge the prosecution case.
   
   
2. A defence statement is virtually compulsory in Crown Court cases, but is optional in Magistrates’ Court cases. It is sometimes advisable to prepare a defence statement in a Magistrates’ Court case because this can entitle us to obtain further documents and information which might help your defence. It places an obligation on the prosecution to consider whether there is any other evidence which should be disclosed to us.
   
   
3. The defence statement has to be served on the court and the prosecution. In Crown Court cases we are required to do this within fourteen days of the date of the committal hearing. It is therefore essential that you let us have your full instructions as soon as possible so that we can prepare the defence statement in good time. If we do not already have your instructions, please telephone straight away and arrange an appointment to come and see us for this purpose. If we are not able comply with the rules and provide details of your defence because you have not given us your instructions then your case may be prejudiced.
   
   
4. The defence statement should contain details of any alibi witnesses who will be called to support your case. You should be aware that the police often wish to interview alibi witnesses before trial. If you do not provide details of alibi witnesses in advance then you may not be allowed to call them at the trial. If your defence is based on an alibi, you must consider this matter very carefully.
   
   
5. The defence statement can be referred to in court. If the evidence you give in court is not the same as the defence statement, the prosecution can draw the court’s attention to any differences, and this might harm your case. It is therefore important that the statement accurately reflects the details of your defence. If your defence statement contains any inaccuracies, you should let us know at once. Even if the statement has already been sent to the court, it is better to change it then than leaving it until the hearing.

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