The Duty Solicitor Scheme
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A Duty Solicitor (also called a Duty Lawyer) is a lawyer on duty at the courts. They provide free legal help to people who have been charged with an offence and don’t have their own lawyer.
The Duty Solicitor is usually available only for the first day when you are in court for your case.
The Duty Solicitor can –
- explain to you what offence you are charged with and how serious it is
- tell you about the usual range of sentences the courts give for the charge
- tell you if you might have a defence to the charge
- explain what happens after you plead Guilty or Not Guilty
- apply for bail for you in some cases
- ask for your case to be "remanded" (put off) so that you can get more advice or information
explain about Police diversion - help you apply for legal aid if you have to come back to court for trial or sentencing
- if you are pleading Guilty to a minor charge, tell the judge about your personal circumstances and your point of view about the offence (a "plea in mitigation").
Do I have to show that I can’t afford a lawyer?
How do I find the Duty Solicitor when I get to court?
Helping the Duty Solicitor to help you
What the Duty Solicitor can’t do for you
Do I have to show that I can’t afford a lawyer?
No, the scheme is not means-tested. Anyone who doesn’t have their own lawyer can use a Duty Solicitor’s services.
How do I find the Duty Solicitor when I get to court?
There may be notices, posters or pamphlets at the court telling you where to find the Duty Solicitor. If not, ask the court staff or a court volunteer. If you’re in Police custody, the Duty Solicitor will see you in the cells.
Helping the Duty Solicitor to help you
There are some things you can do to make the most of the Duty Solicitor’s services.
- Get to the courts early so that there’s plenty of time to talk with the Duty Solicitor about your case. Usually this will mean getting to the court by 8.30 am.
- Write down and bring with you a statement that explains–
- what happened, from your point of view
- your background and personal situation (including things like your income and living expenses, and any things you do in your local community)
What the Duty Solicitor can’t do for you
The Duty Solicitor usually can’t represent you after the first day of your case. If you can’t afford a lawyer, you’ll need to apply for criminal legal aid for a lawyer to represent you for the rest of your case (a status hearing, the trial, sentencing and any appeals).
If you want the Duty Solicitor to be your legal aid lawyer for your case, you can tell the Legal Services Agency in your application form. The Agency may be able to assign that lawyer to you. But Duty Solicitors are not allowed to ask you to choose them as your lawyer.
