Duty solicitor
Encyclopedia
In the several Commonwealth
countries, including the United Kingdom
, Australia
, New Zealand
and Canada
, a duty solicitor (or, in Canada, a duty counsel) is a solicitor
whose services are available to a person either suspected of, or charged with, a criminal offence free of charge (pro bono
) if that person does not have access to a solicitor of their own. These solicitors are generally in private practice
, in contrast to the public defender
system in the United States where an attorney employed directly by the state will be assigned to handle the case from pre-trial to potentially appeal
. However, recent innovations in England and Wales
and in Scotland
have seen the development a similar system through the Public Defender Service for some parts of England and Wales and the Public Defence Solicitors' Office for Scotland.
, there are two duty solicitor schemes, which operate in parallel. The police station
duty solicitor scheme enables a person who is arrested on suspicion of a criminal offence to consult with a solicitor, either in person or on the telephone (and frequently both) whilst in police custody. This right is most often taken up when the suspect is to be interviewed concerning their suspected involvement in the commission of a crime.
The court duty solicitor scheme allows a person that has already been charged with an offence to consult with and be represented by a solicitor at the Magistrates' Court
on their first appearance if they do not have, or simply have not contacted, their own solicitor. The right to see the duty solicitor applies equally to those defendants who are in custody or on bail
, but the right is not unlimited – if the defendant is on bail and is charged with an offence that does not carry a sentence of imprisonment the duty solicitor is not permitted to act. A client is only permitted to take advantage of duty solicitor assistance on one occasion in respect to each matter charged. This contrasts with the right to advice from the duty solicitor whilst at the police station, which applies irrespective of what the alleged offence may be, and will last for the duration of any investigation. Some matters have been largely taken outside of the duty solicitor scheme at the police station due to the advent of Criminal Defence Service Direct, a telephone advice service that deals with many minor offences where an interview will not take place.
The duty solicitor schemes in England and Wales are managed by the Legal Services Commission
. Each magistrates' court that operates such a scheme will have one or more solicitors allocated to any given court session. The police station schemes have one or more solicitors on duty for each police station, or police area (occasionally covering a number of police stations), depending on how busy the scheme. The busiest schemes in the country, can have a number of solicitors on duty at any one time. The Central Manchester scheme for example has 4 solicitors on duty at any one time.
There is widespread popular suspcicion that duty solicitors are "in league" with the police, although on a formal level they are completely independent of them. nor are they in any way inferior to non-duty solicitors. In fact, they are precisely the same people – a solicitor that a defendant may see for free on one day (because he or she happens to be on duty) might charge the same client several hundred pounds for the same advice on another day, although there is widespread popular suspicion that a private client may get better service than one who is publicly funded.
To act as a duty solicitor a solicitor must be a member of the Law Society
's Criminal Litigation Accreditation Scheme. To become a member of the scheme a solicitor must demonstrate a particular level of competence set by the Law Society. To demonstrate competence, a solicitor must pass a number of assessments.
is run by the Scottish Legal Aid Board
. Although this being largely surplanted by the Public Defence Solicitors' Office.
, New Zealand
and Canada
. In Canada, duty solicitors are called duty counsel
and perform functions that would, in the British system, be performed by barristers and by solicitors.
The United States
and Brazil employ a public defender
system with nearly identical duties, representing an indigent client from custodial questioning, to charge, trial, sentence, and appeal.
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries, including the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, a duty solicitor (or, in Canada, a duty counsel) is a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
whose services are available to a person either suspected of, or charged with, a criminal offence free of charge (pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
) if that person does not have access to a solicitor of their own. These solicitors are generally in private practice
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
, in contrast to the public defender
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...
system in the United States where an attorney employed directly by the state will be assigned to handle the case from pre-trial to potentially appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
. However, recent innovations in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
have seen the development a similar system through the Public Defender Service for some parts of England and Wales and the Public Defence Solicitors' Office for Scotland.
England and Wales
In England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, there are two duty solicitor schemes, which operate in parallel. The police station
Police station
A police station or station house is a building which serves to accommodate police officers and other members of staff. These buildings often contain offices and accommodation for personnel and vehicles, along with locker rooms, temporary holding cells and interview/interrogation rooms.- Facilities...
duty solicitor scheme enables a person who is arrested on suspicion of a criminal offence to consult with a solicitor, either in person or on the telephone (and frequently both) whilst in police custody. This right is most often taken up when the suspect is to be interviewed concerning their suspected involvement in the commission of a crime.
The court duty solicitor scheme allows a person that has already been charged with an offence to consult with and be represented by a solicitor at the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
on their first appearance if they do not have, or simply have not contacted, their own solicitor. The right to see the duty solicitor applies equally to those defendants who are in custody or on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
, but the right is not unlimited – if the defendant is on bail and is charged with an offence that does not carry a sentence of imprisonment the duty solicitor is not permitted to act. A client is only permitted to take advantage of duty solicitor assistance on one occasion in respect to each matter charged. This contrasts with the right to advice from the duty solicitor whilst at the police station, which applies irrespective of what the alleged offence may be, and will last for the duration of any investigation. Some matters have been largely taken outside of the duty solicitor scheme at the police station due to the advent of Criminal Defence Service Direct, a telephone advice service that deals with many minor offences where an interview will not take place.
The duty solicitor schemes in England and Wales are managed by the Legal Services Commission
Legal Services Commission
The Legal Services Commission is an executive non-departmental public body of the Ministry of Justice that is responsible for the operational administration of legal aid in England and Wales.-Overview:...
. Each magistrates' court that operates such a scheme will have one or more solicitors allocated to any given court session. The police station schemes have one or more solicitors on duty for each police station, or police area (occasionally covering a number of police stations), depending on how busy the scheme. The busiest schemes in the country, can have a number of solicitors on duty at any one time. The Central Manchester scheme for example has 4 solicitors on duty at any one time.
There is widespread popular suspcicion that duty solicitors are "in league" with the police, although on a formal level they are completely independent of them. nor are they in any way inferior to non-duty solicitors. In fact, they are precisely the same people – a solicitor that a defendant may see for free on one day (because he or she happens to be on duty) might charge the same client several hundred pounds for the same advice on another day, although there is widespread popular suspicion that a private client may get better service than one who is publicly funded.
To act as a duty solicitor a solicitor must be a member of the Law Society
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...
's Criminal Litigation Accreditation Scheme. To become a member of the scheme a solicitor must demonstrate a particular level of competence set by the Law Society. To demonstrate competence, a solicitor must pass a number of assessments.
Scotland
The duty solicitor scheme in ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
is run by the Scottish Legal Aid Board
Scottish Legal Aid Board
The Scottish Legal Aid Board is an executive non-departmental public body of the Scottish Government, responsible for managing legal aid in Scotland...
. Although this being largely surplanted by the Public Defence Solicitors' Office.
Other countries
Duty solicitor schemes, based on the British system, are also run in AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. In Canada, duty solicitors are called duty counsel
Duty counsel
In Ontario, Canada a duty counsel is a lawyer paid by Legal Aid Ontario who provides limited legal services in criminal, family law and child protection matters to people who arrive at court without representation, mainly in the Ontario Court of Justice....
and perform functions that would, in the British system, be performed by barristers and by solicitors.
The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Brazil employ a public defender
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...
system with nearly identical duties, representing an indigent client from custodial questioning, to charge, trial, sentence, and appeal.