Podcast
Questions and Answers
What must a defendant do to secure a duty solicitor's representation at court?
What must a defendant do to secure a duty solicitor's representation at court?
Under which circumstance is public funding for legal representation mandatory?
Under which circumstance is public funding for legal representation mandatory?
What is one limitation of the Duty Solicitor Scheme?
What is one limitation of the Duty Solicitor Scheme?
If a defendant is acquitted, what may be a consequence for their private legal representation expenses?
If a defendant is acquitted, what may be a consequence for their private legal representation expenses?
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Which option cannot be pursued by a defendant seeking legal representation in court?
Which option cannot be pursued by a defendant seeking legal representation in court?
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What is one condition under which a duty solicitor is permitted to represent a defendant?
What is one condition under which a duty solicitor is permitted to represent a defendant?
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Which of the following is true regarding publicly funded representation at the police station?
Which of the following is true regarding publicly funded representation at the police station?
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What must be discussed with a client according to the professional conduct duties?
What must be discussed with a client according to the professional conduct duties?
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Study Notes
Public Funding of Criminal Defence Services
- Every person charged with a crime has the right to defend themselves or have legal representation.
- This right is enshrined in the European Convention on Human Rights.
- Legal representation at the police station is free.
- A defendant may pay privately for legal representation (though there are implications for public funding if the defendant is acquitted).
Paying for Representation in Court
- A defendant can be represented by a Court Duty Solicitor.
- The Legal Aid Agency can provide a representation order.
- A defendant can pay privately.
Duty Solicitor Scheme
- Court representation by a duty solicitor is free, regardless of means.
- A duty solicitor can only represent defendants in specific situations:
- In custody.
- Charged with an imprisonable offence.
- Applying for bail (unless they've used a duty solicitor before).
- At risk of imprisonment for failing to pay a fine or obey a court order.
- Duty solicitors do not represent defendants at trial.
- Primarily represents defendants making their first appearance at magistrates' court who want to plead guilty or apply for bail.
- If further representation is needed, the defendant must either represent themselves or seek a representation order or private funding.
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Description
This quiz explores the rights and options available to defendants regarding legal representation in criminal cases. It covers public funding, the Duty Solicitor Scheme, and the implications of private representation. Test your knowledge of defense services and legal aid provisions under the European Convention on Human Rights.
