Page updated on: Friday April 23, 2010
When you arrive at court on the day you’ve been summonsed, the first thing you should do is speak to a Duty Lawyer.
Duty Lawyers are paid for by the Legal Services Agency and their services are free for you. They are there to make sure that everyone who appears in Court for the first time has the chance to be advised by a lawyer. Anyone can receive advice from the Duty Lawyer if they have not hired a lawyer.
The Duty Lawyer will be able to:
If you are pleading guilty to a charge that will not involve a likelihood of imprisonment or community work, the Duty Lawyer can enter the guilty plea for you. They can also tell the Judge about your personal circumstances and your point of view about the offence and aspects that might lead to a lighter sentence (a "plea in mitigation"). It is unlikely you would need to speak in court at all in this situation.
When you arrive at court there may be notices telling you where to find the Duty Lawyer. If not, ask the court staff or a court volunteer where to find the Duty Lawyer.
Duty Lawyers are extremely busy making sure that everyone who needs to, can see a lawyer. They will usually only spend a few minutes with you, finding out what you want to do about the charge and the details of your situation. Usually the Duty Lawyers work on a “first come, first served” basis so you will probably have to wait to speak to one. Make sure you get to court early to ensure you get to talk to a lawyer before your case is called.
If the charge is serious or you wish to plead not guilty to it, the Duty Lawyer will be of limited help. They can ask for your case to be remanded for a couple of weeks to allow you to get further legal advice. This may be from a legal aid lawyer or you will have to “instruct” a lawyer directly by agreeing to pay them for their services. They can also help you fill in a legal aid form.