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17.24Advocacy assistance is available to cover the representation of clients by the court duty solicitor at the magistrates’ court. In practice it will be claimed together with advice and assistance, which covers the provision of advice to such clients outside court. The two forms of assistance will be claimed together in a single claim at the end of the duty day.
1Specification para 10.18.17.25Advocacy assistance under this unit of work may only be provided by a qualified duty solicitor (ie one who has previously been a member of a scheme under a previous contracts or is a current member of the Law Society’s Criminal Litigation Accreditation Scheme and undertaken the police station qualification
2Standard Crime Contract Standard Terms para 1.1.).
17.26To qualify for advocacy assistance under this scheme, the client’s case must come within the scope of the scheme:
•The duty solicitor must:
3Specification para 10.7. •advise any client who requests it who is in custody;
•make a bail application where a client in custody requires a bail application and such an application has not previously been made by a duty solicitor;
•advise a client before the court in connection with ‘prescribed proceedings’ that is civil orders deemed to be criminal for legal aid purposes (the full list appears at para 12.69):
4Criminal Legal Aid (General) Regulations 2013 reg 9. •parenting orders;
5Crime and Disorder Act 1998 ss8, 9 and 10; Anti-social Behaviour Act 2003 ss20, 22, 26 and 28; Powers of Criminal Courts (Sentencing) Act 2000 Sch 1 Part 1A.football banning orders;
6Football Spectators Act 1989 ss14B, 14D, 14G, 14H, 21B and 21D.closure orders;
7Anti-social Behaviour, Crime and Policing Act 2014 ss80, 82, 83 and 84 where a person has engaged or is likely to engage in behaviour that constitutes a criminal offence on the premises.sexual offences notification orders;
8Sexual Offences Act 2003 ss97, 100 and 101.sexual harm prevention orders;
9Sexual Offences Act 2003 ss103A, 103E, 103F and 103H.sexual risk orders;
10Sexual Offences Act 2003 ss122A, 122D, 122E and 122G.restraining orders under section 5A of the Protection from Harassment Act 1997 in relation to a restraining order on acquittal.domestic violence protection orders;female genital mutilation protection orders;
11Femal Genital Mutilation Act 2003 Sch 2 paras 3, 6.slavery and trafficking prevention orders;
12Modern Slavery Act 2015 ss14, 15, 20–22.slavery and trafficking risk orders;
13Modern Slavery Act 2015 ss23, 27–29.proceedings in any youth court in relation to the breach of a provision in an injunction under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 where the person subject to the injunction is under 14.
•A duty solicitor must also cross-examine under Youth Justice and Criminal Evidence Act 1999 s28 if appointed by the court. Payment will in this case be from central funds.
14Specification para 10.15. •The duty solicitor must also, but subject to the exceptions below:
15Specification para 10.8. •advise and represent any client who is in custody on a plea of guilty and wishes the case to be concluded that day;
•advise and represent any client before the court for failure to pay a fine or other sum or to obey an order of the court, and such failure may lead to the client being at risk of imprisonment;
•advise and represent a client not in custody in connection with an imprisonable offence;
•help a client in making an application for a representation order, whether the nominated solicitor is the duty solicitor or another solicitor;
•advise and represent a client seeking to vary police-imposed bail conditions pre-charge.
•The exceptions are that a duty solicitor must not:
•represent in committal proceedings;
16Note that, although committal proceedings have been abolished, the Specification has not been amended at the time of writing. •represent at a not guilty trial or in relation to a non-imprisonable offence unless with the provisions above;
17Specification para 10.9. •advise or represent a client who has had the services of a duty solicitor at a previous hearing in the proceedings (except where they are before the court this time as a result of failure to pay a fine or other sum or comply with an order imposed previously).
18Specification para 10.10. 17.27The sufficient benefit test applies to representation by the duty solicitor (both under advocacy assistance and advice and assistance),
19Specification para 10.2. but there is no means test and clients are not required to complete an application form.
20Specification para 10.4. However, you are required to record on the file:
•the client’s name and address;
•details of the relevant unit of work;
•whether the client is in custody or charged with an imprisonable offence; and
•the date, time and venue of the court appearance.
21Specification para 10.6. These details should be recorded either before the advocacy assistance is provided or as soon as practicable after, if the advocacy is required at short notice.
22Specification para 10.4.17.28The scope of the scheme is limited in terms of the work covered. In addition to the advocacy, you may only claim for reasonable advice and preparation provided during the duty session. This can include advice on the consequences of the outcome and the giving of any notice of appeal or making an application for a case to be stated.
23Specification para 10.17.17.29Claiming for duty solicitor advocacy is done as part of a single claim submitted for the duty session. Hourly rates are set out in the Remuneration Regulations and there is a standard hourly rate for both attendance and waiting. An enhanced rate applies to sessions on non-business days.
17.30Under the duty solicitor scheme, you cannot claim for travel time other than on a non-business day, unless you are called out having not been on the rota or having been released but then asked to return.