Court duty solicitor (criminal solicitors)

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A Court duty solicitor is a criminal solicitor, usually from a firm of criminal solicitors whose services are available to a person appearing in court having been charged with a criminal offence free of charge. Court duty solicitors are usually criminal defence solicitors.

No.  Representation by the Court Duty Solicitor, who is usually from a firm of criminal solicitors is free to a person appearing in court who faces criminal charges.  The cost is paid for the by the Legal Aid Agency. Criminal defence solicitors have to pass an accreditation process before becoming a court duty solicitor.

No. Criminal Solicitors will tell you that there is no means test for the use of the Court Duty Solicitor.  

No. The court duty solicitor is only be able to advise individuals who are either in custody or charged with an imprisonable offence or:

• a person who appears in court as a result of failure to pay a fine or other sum ordered and such failure may lead to imprisonment
•  a respondent in proceedings under Sections 2 and 5 of the Anti Social Behaviour Act 2003 relating to the making or extension of a closure order 
• a person who has failed to obey an order of the court and such failure may lead to imprisonment; 
• a respondent in proceedings under S1 or 1D (anti-social behaviour order), S2 or 2A (sex offender order) or S8(1)(b)(c) or (d) (parenting order) of the Crime and Disorder Action 1998 or an applicant or respondent in proceedings to vary or discharge an order made against that person
• a parent or guardian in connection with a proposal by the court to bind over the parent or guardian under Section 150 of the Powers of Criminal Courts (Sentencing) Act 2000 or in breach of such order 
• a respondent in proceedings under S14B (banning orders made on complaint), an applicant in proceedings under S14G (variation to a banning order) or S14H (termination of a banning order) or a recipient of a notice under S21B(2) of the Football Spectators Act 1989’ 
• An individual applying to vary bail conditions imposed by police under section 47 (1E) of the Police and Criminal Evidence Act 1984, as amended by the Criminal Justice Act 2003.

In all other circumstances, you should consult a firm of criminal solicitors with a view to instructing criminal defence solicitors.  Our offices are in East Ham in London and Barnet but we provide a nationwide service.

No.  There are a number of limitations on when a duty solicitor can represent you at court.  In all other instances you should speak with a firm of criminal solicitors who specialise in criminal defence.

Whilst you can use the Court Duty solicitor at court, it would to your advantage to arrange a criminal solicitor in advance of the hearing for a number of reasons:

• Criminal Solicitors can apply for the evidence against you in advance of the hearing
• Once our criminal defence solicitors have retrieved the evidence in your case, we can consider it before the hearing and advice you before hand,  There may be some technical issues which will require thought beforehand.
• Our Criminal solicitors can arrange for representations to be made in your case (where necessary) ahead of the hearing avoiding adjournments in your case.
• You may qualify for legal aid, in which case, our criminal defence solicitors can make the application in advance of the hearing.

Chat with the criminal solicitors us on whatsapp or email info@sj-law.co.uk.  SJ Law, criminal defence solicitors.  Offices in East Ham, London and Barnet but providing a nationwide service.