What is the overarching duty of a criminal defence barrister?

• A. To win the case at all costs
• B. To disclose all client confidences to the court
• C. To protect the client so far as possible from being convicted, except by a competent tribunal and upon admissible evidence sufficient to support a conviction for the offence charged
• D. To refuse to defend if the client admits guilt

Answer: (C)

The essential duty of a criminal defence barrister is to protect the client so far as possible from being convicted, but only by a competent tribunal and upon admissible evidence sufficient to support a conviction for the offence charged. This frames advocacy within the courts: vigorously challenge the prosecution, test the evidence, and present a defence every step of the way, while respecting the rules that govern how evidence is gathered and used. The aim is to ensure the trial is fair and that any conviction rests on proper process and reliable, legally admissible evidence.

This duty aligns with the privilege of client communications, which means confidentially held information stays protected unless disclosure is required by law or to prevent a crime, not to be disclosed as a routine matter. The other options fail to capture this balance: winning at all costs would risk compromising honesty and legality; refusing to defend if the client admits guilt would disregard the client's right to representation and the ongoing obligation to examine the case and mitigate outcomes where possible.