Duty solicitors play a vital role in our justice system, ensuring that everyone who needs it has access to free legal advice so that they can have a fair journey through the legal system, from when they are first arrested to their trial (if the case against them gets this far). They are available to everyone, regardless of their status, income, or the crime they are accused of. In this blog post, we will be looking at what duty solicitors are and how they help those accused of a crime get the best possible outcome, both at the police station and in court. We will also consider some of the advantages and disadvantages of duty solicitors.
Duty solicitors are available 24 hours a day, every day, frequently covering several areas. They are criminal defence solicitors who will provide free legal advice and representation to anyone suspected or accused of a crime. Their services are not means-tested, so there shouldn’t be any delay in accessing their services, other than what is reasonable bearing in mind the area they cover. Anyone without their own solicitor should be offered the services of the duty one. The duty solicitors will be qualified to work for a firm or as a self-employed independent, but will not be aligned with either the police or the courts.
There are two different types of duty solicitors, those at the police station and those at court. At the police station, duty solicitors are available for anyone that has been arrested or brought in on suspicion of an offence and meetings will usually be held at the police station. Duty solicitors may sit in on police interviews to offer guidance and advice.
Duty solicitors at courts are available to all clients held in custody and those on bail. They are usually used if the client cannot afford a solicitor or could not contact their own. Duty solicitors may simply offer advice and let the client represent themselves, or they may represent the client in court proceedings. However, court legal aid is means-tested, so not everyone will qualify for this assistance.
Advantages and Disadvantages
One clear advantage of duty solicitors is that they are highly skilled. They will have had the same training as any other solicitor and most will be experienced in a variety of different legal areas. This is clearly a great help to anyone that requires their services, as they can get expert advice that is tailored to their specific situation. The duty solicitors will be able to use their experience and knowledge of the law to determine the best course of action for the person they are assisting, helping them to reach the best outcome possible in their case.
Another advantage of duty solicitors is that they are available to anyone, regardless of income, as they are not paid by the service users. This makes access to legal advice more universal and helps to level the playing field for people from all backgrounds and all income brackets. It is possible for similar cases to have different outcomes depending on whether the defendant could afford legal aid and at what level. Duty solicitors do not entirely mitigate this, but they do go some way towards addressing and dealing with the gap between defendants from different backgrounds.
Duty solicitors are also useful as they can represent clients in court. This service is limited, as it only grants one appearance and is only present in a magistrates’ court. Nevertheless, court representation is a valuable service that will be helpful to a lot of clients, as representing yourself in court can be difficult, especially for more complicated cases.
However, a disadvantage of duty solicitors is that they are usually overworked. One duty solicitor will likely cover several police stations and will certainly have a lot of clients at any one time. This makes it harder for them to give their full attention to any one client, as they will be swiftly moving from one to another without a lot of time between them. This can make it difficult for the duty solicitor to fully consider all of the options open to each client and how it would be best for them to proceed. In addition, any meetings or phone calls they have with clients will have to be limited by the time available, which can result in some issues never even being discussed.
Another disadvantage of duty solicitors is that, although they are available 24 hours a day in theory, it is not likely to work out this well in practice. Clients may have quite a wait before they can speak to a solicitor. In addition, while they may meet the solicitor in person, a lot of consultations are done by phone call, which may not work as well for some clients or feel impersonal.
Wrapping Up
I hope that this helps to clarify the role of duty solicitors, as they are very important to help the justice system run smoothly and fairly. In my next blog post, we will be looking at how to structure a law dissertation, so come back in two weeks for that!
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