Can You Instruct a KC Directly for a Sexual Offence Allegation?

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    If you are facing a sexual offence allegation, you may want to speak directly with an experienced King’s Counsel rather than beginning your search for representation through a solicitor.

    In suitable cases, you can instruct a barrister directly through the Public Access scheme, often called Direct Access. This allows you to approach a qualified barrister without first instructing a solicitor.

    I am Mark Kelly KC, a criminal defence barrister in London representing individuals facing serious sexual allegations, including professionals concerned about their liberty, careers and reputations across the UK.

    I can discuss your circumstances, assess whether direct instruction is appropriate and explain when a solicitor may also be needed.

    What Is Direct Access to a King's Counsel?

    Direct Access is a regulated arrangement that allows members of the public to instruct appropriately qualified barristers without going through a solicitor first.

    Rather than asking a solicitor to identify and instruct counsel, you can approach the barrister directly.

    A King’s Counsel (KC) is a senior barrister recognised for excellence in advocacy. The KC designation does not itself determine whether a barrister can accept Public Access instructions.

    Whether direct instruction is suitable depends on the barrister’s authorisation, the work required and the circumstances of your case.

    For someone facing a serious sexual allegation, Direct Access may offer a more personal route to obtaining specialist legal advice.

    How Can Mark Kelly KC Help With a Sexual Offence Allegation?

    I provide defence representation in serious sexual offence matters, including allegations involving rape, sexual assault and historic sexual offences.

    Depending on the circumstances and the arrangements for instruction, my role may include:

    01

    Early Legal Advice

    Assessing the allegation, investigation stage and immediate legal issues.

    02

    Evidence Assessment

    Considering witness accounts, messages, digital records and disclosure.

    03

    Defence Strategy

    Identifying the legal and evidential questions that may shape the case.

    04

    Pre-Charge Advice

    Considering appropriate steps before a charging decision.

    05

    Court Representation

    Advising and representing clients where proceedings progress to court.

    06

    Professional Consequences

    Considering how allegations may affect employment, regulatory proceedings and reputation.

    My approach is personal, discreet and focused on the circumstances of the individual case.

    Do You Still Need a Solicitor If You Instruct a KC Directly?

    Not necessarily, but a solicitor may be required or advisable depending on the case.

    Barristers and solicitors perform different functions. Although Direct Access allows certain legal work to be undertaken without a solicitor, it does not remove the need for one where the work required falls outside the barrister's authorisation or where direct instruction would not be suitable.

    A solicitor may be particularly important where a case involves:

    • 01 Police station attendance and representation during interviews
    • 02 Extensive evidence gathering and case administration
    • 03 Managing large volumes of documents or disclosure
    • 04 Obtaining witness statements and instructing experts
    • 05 Litigation steps that the barrister is not authorised to undertake
    • 06 Ongoing procedural work during complex criminal proceedings

    For example, a barrister who is not authorised to conduct litigation cannot perform reserved litigation activities. Where those activities are required, a suitably authorised solicitor or other legal professional may need to be involved.

    Instructing a KC directly does not mean you must manage every aspect of a complex criminal case yourself.

    I can discuss the representation required and whether working alongside an instructing solicitor would be the more appropriate arrangement.

    When Might Direct Access Be Suitable?

    Direct Access may be worth exploring if you:

    • Have recently learned of a sexual offence allegation and want specialist advice.
    • Are under police investigation and wish to understand your legal position.
    • Want a senior barrister to consider specific evidence or legal issues.
    • Are concerned about professional or reputational consequences.
    • Already have a solicitor but want to explore specialist counsel involvement.
    • Are seeking representation in relation to potential criminal proceedings.

    The appropriate arrangement depends on the stage, complexity and practical requirements of the case.

    Where a solicitor is already instructed, I can also work alongside them as part of the defence team.

    Discuss Your Case Confidentially

    What Are the Advantages of Speaking Directly With a KC?

    For individuals facing serious allegations, one of the principal considerations may be access to the barrister who will advise on the legal issues and potentially represent them in court.

    Direct instruction can provide a route to:

    • 01 Discussing the allegation directly with senior counsel
    • 02 Understanding the evidential and legal issues involved
    • 03 Exploring defence strategy at an early stage
    • 04 Establishing whether further legal representation is needed
    • 05 Considering the wider implications for your professional position

    Direct Access is not automatically quicker, cheaper or more suitable than solicitor-led representation. Its value depends on the circumstances and the work required.

    For professionals facing allegations that could affect their careers, I also provide criminal defence for professionals .

    Frequently Asked Questions

    Can I Instruct a KC Without a Solicitor?

    Yes, where the KC is authorised to accept Public Access instructions and the case is suitable. Some matters require a solicitor or another appropriately authorised legal professional.

    Can I Speak to a KC Before Being Charged?

    Yes. Legal advice can be sought during a police investigation, before any charging decision. The appropriate arrangements depend on the advice and representation required.

    Can a KC Represent Me at a Police Station?

    Police station representation requires appropriate arrangements. A solicitor or accredited police station representative will commonly provide assistance during police interviews. I can work alongside an instructed solicitor where appropriate.

    Is Direct Access Better Than Using a Solicitor?

    Neither arrangement is automatically better. Direct Access may be suitable for specific advice or representation, while solicitor-led instruction may be preferable where extensive litigation management or investigative work is required.

    Can I Change Barristers or Instruct a KC If I Already Have a Solicitor?

    You can explore instructing a different barrister or obtaining specialist counsel's advice. Existing instructions, funding arrangements and the circumstances of the case will need to be considered.

    Speak Confidentially With Mark Kelly KC

    If you are facing a sexual offence allegation and want to understand whether you can instruct a King’s Counsel directly, I can discuss your circumstances and the appropriate route to representation.

    I provide defence-only representation in serious sexual offence matters, including allegations involving professionals whose careers and reputations may be at risk.

    My London chambers address is No5 Barristers’ Chambers, 7 Savoy Court, London WC2R 0EX.

    Why Choose KC Crime Lawyer?