If you’re facing criminal charges in the UK, a defence statement can play a vital role in how your case unfolds. It’s not just a formality — it’s a legal tool that can influence the evidence used against you, shape the prosecution’s strategy, and protect your rights in court.
This blog explains what a defence statement is, when it must be submitted, and how getting legal support ensures you meet all requirements under UK law in 2025.
What Is a Defence Statement?
A defence statement is a formal document that outlines:
- Whether you admit or deny the offence
- The nature of your defence
- Any facts you dispute in the prosecution’s case
- Whether you intend to rely on any legal defences (e.g. self-defence, alibi)
- Details of any witnesses you may call
It is a written explanation that helps the court and prosecution understand how you intend to contest the charges.
When Is a Defence Statement Required?
A defence statement is mandatory in Crown Court trials under the Criminal Procedure and Investigations Act 1996 (CPIA). It must be served within 28 days of entering a not guilty plea.
In Magistrates’ Court, a defence statement is usually optional, but it can be beneficial in complex or serious cases.
Failing to submit a required defence statement — or serving one that is too vague — can weaken your position and lead to adverse inferences being drawn in court.
Why Is a Defence Statement Important?
Your defence statement is a key part of pre-trial disclosure. It:
- Triggers the prosecution’s duty to respond with any unused material that might undermine their case or assist yours
- Prevents trial by ambush, where new issues are raised at the last minute
- Allows the court to manage the case efficiently
If you raise an alibi or introduce a new line of defence later at trial, but didn’t mention it in your statement, it may be less persuasive or even inadmissible.
What Happens If You Don’t Submit One?
If you’re required to file a defence statement and fail to do so:
- The court may allow the prosecution to highlight this during the trial
- The judge or jury may draw a negative inference, damaging your credibility
- You could be penalised in costs or face delays in your case
A poorly drafted statement can be just as risky as not submitting one at all — which is why legal advice is essential.
What Should Be Included in a Defence Statement?
The statement must clearly set out:
- The charge being denied
- Your version of events
- Which parts of the prosecution’s case are disputed
- Any legal defences you will rely on
- Any specific points of law or admissibility you wish to raise
It should be precise and complete, giving the prosecution and the court a fair understanding of how the defence will be presented.
Can the Defence Statement Be Updated?
Yes. You are allowed — and expected — to submit an updated statement if your position changes before the trial.
This might happen if:
- New evidence comes to light
- A legal defence becomes apparent later
- You intend to introduce new witnesses
Updated statements must be submitted as soon as possible and clearly marked as such.
How Can a Solicitor Help?
Criminal defence solicitors play a key role in:
- Reviewing the prosecution’s case thoroughly
- Advising you on legal defences available
- Drafting the defence statement with precision
- Ensuring compliance with deadlines and format
Without proper guidance, your statement may be too vague or expose you to cross-examination risks later in trial.
When Should You Get Legal Help?
Legal advice is crucial as soon as you’re charged or given a court date. Solicitors can:
- Represent you during police interviews
- Advise you on plea decisions
- Help you prepare your defence strategy, including the defence statement
If your case is heading to Crown Court, professional representation is essential to avoid critical procedural mistakes.
