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An invaluable update for qualified criminal legal aid practitioners.
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It is not easy being the Court Duty Solicitor. Expectations from the Court and the client are very high. It is assumed that, because you are experienced, you must know everything. This, of course, will always be far from the truth. The purpose of this 1-hour webinar is to massively increase your knowledge of recent developments in the Court, thereby increasing your confidence to act as the Court Duty Solicitor.
It has been written, and will be presented, by a person who spent many years in the role. The content of the course will be equally valid to those who prosecute in the matter and to those who act as legal advisers to the Magistrates'.
It will concentrate heavily on issues which need to be considered at the first hearing of the case – traditionally, the hearing at which the Duty Solicitor is likely to become most involved
What are the requirements?
Watch the recorded webinar, review the supporting documentation
This course provides 1 CPD points
The following 10 items will give you an idea of the content of the webinar:
Allocation and Sending – the Guidance recently published by the Justices' Clerk's Society in February 2021
Re-openings under Section 142 the Magistrates' Courts Act 1980 and the new Rule 44 contained within the Criminal Procedure Rules 2020
Statutory Declarations – Rule 44 of the Criminal Procedure Rules 2020
The list of those who are covered by the Duty Solicitor Scheme (as you know, not everyone is covered by the scheme)
Some issues that may well arise when you are acting as the Court Duty Solicitor in the Youth Court – a tricky place if you are unaccustomed to being there
The current position on credit for a timely guilty plea following the 2021 Court of Appeal decision of Plaku/Plaku/Bourdon/Smith
Some assistance as to how to complete the PET form in the Magistrates' Court following a 'not guilty' plea
Alcohol and driving and drugs and driving – a fruitful source of work in the Magistrates' Court – the things you need to know as Court Duty Solicitor
The things you really do need to know about the Sentencing Code – of relevance where the conviction is on or after 1st December 2020
Knife Crime Prevention Orders under the Offensive Weapons Act 2019 – these may be made in certain Courts from the 5th July 2021 and are enforceable in all Courts in England and Wales
An invaluable update for qualified criminal legal aid practitioners.
Hello and welcome to this recording on behalf of data law. My name is Colin Beaumont. I just want to spend the next hour with you talking about your role as the court duty solicitor, We have a series of slides, 20 total With four bullet points per slide. Let's go to slide number one. First thing I'd like to say to you and when you're acting as court duty solicitor is please be aware of the documentation concerning allocation and sending when you're dealing with matters tribal. Either way, I hope you're already well versed in the document published by the sentencing council. That was a March 2016 getting rid of old. Now of course We've had the more recent document published in 2021 by the justices Clerks society And that came out in February 2021. And the view the justices clark society is that far more cases could be heard in the Magistrates court and that the Magistrates are probably declining jurisdiction and in matters that could easily be kept. I don't think it matters an awful lot if you're representing an adult in the adult court because even though the Magistrates may accept jurisdiction that your client always has the right to elect trial by jury If he is 18 or But that document and might assist on occasion if you're effectively seeking to persuade the Magistrates that this is the case, they can keep by way of trial in their court. Of course they can always if they want to and commit for sentence to the crown court if they consider that their sentencing powers are insufficient. The justices clerks society take the view that when dealing with Children and young people who might be jointly to hunched with an adult. It may be that the adult would have to go to the crown court. That doesn't necessarily mean that the child or young person has to go to the crown court with the adult as well. And it may be possible to sever this child or young person from the adult and then remit the matter to the youth Court where the child or young person can have the trial. There do be aware of the sections that allow you at least to apply for severance of your child or young person from the adult in the adult Magistrates court. If you're dealing with an either way offense, it's section 20 four of the Magistrates Courts at 1980. If you're dealing with an offense that is purely indict able, It's section 51 of the crime and disorder Act 1998. And the justices class society makes the point that the younger the person involved And of course the age of criminal responsibility is 10. The younger the age of the person involved, the less of the involvement of the child or young person in the criminality. Either those should dump militate towards severance. Perhaps the matter being remitted to the Youth court for trial for the child or young person, it's like two. Please do have a working knowledge of section 142 of the Magistrates Corpse at 1918 relation to reopenings. See also the new rule, Rule 44 Of the Criminal Procedure Rules 2021 as it ended. And if you haven't downloaded the young the rules and might I invite you to do so, you'll find of course on the website legislation dot gov dot UK and they are a statutory instrument. Rule 44 You wouldn't have found that In the previous criminal procedural was 2015. The rule deals with reopenings in the magistrate's court and statutory declarations and obviously it's the cold duty sister. You may well meet clients in the cells who may benefit from a case being we opened. These clients will often be convicted. They're not yet sentenced. You'll see them in the cells, they've been arrested, usually a woman brought to court because the Magistrates are unwilling to sentence in absence document offenses comes to mind. People who have been convicted in their absence of using vehicles without insurance without an empty without a driving license, having been convicted in their absence. The Magistrates who are unwilling to sentence in absence and they've issued a warrant in order to get the defense before them for sentencing purposes. That obviously considering a period of disqualification from driving, your client may well have the documents in which case it might be advised you asked to call for a short adjournment until the following day in order that your client can bring those documents to court, show them to the prosecutor if the prosecutors happy with them, no doubt the court the following day will be considering Reopening under Section 142 and setting aside the convictions in relation to those documents. Or it may be that your client was convicted in absence after a trial. And again, the Magistrates are unwilling to send us an absence and they issued a warrant for his appearance before them for sentencing purposes. It may be that your client had a very good reason as to why they did not attend their last trial. If that is the case, please do bear in mind. Section 142. Subsection two allows you to request that the conviction be set aside in the interests of justice and that a retrial be ordered before fresh bench of Magistrates. The test, of course, is the interests of justice and you will need to satisfy today's Magistrates as to why it is in the interest of justice for the previous conviction to be set aside and a retrial ordered with all the inconvenience, but that's going to cause two witnesses having to attend to give evidence all over again. So it better be a purely good reason that you're able to put before the Magistrates if you're seeking to set aside the conviction Under Section 142. Subsection two, but I just point these things out to you because clearly you're going to see people in the cells. So do buried money. Always the possibility of putting the proceedings back to the beginning. And if for any reason send you can send a retrial, have a jolly good reason as to why they didn't attend for their initial trial flight three slide three of these 20 slides, deals with statutory declarations under the statutory declarations Act Of 1835. See also in this area, as I mentioned in the previous slide, rule 44 of the Criminal Procedure Rules 2021. As a man again, you'll meet clients and the cells who may well benefit from you making from them making a statutory declaration. These clients of course are different, aren't they from the reopening clients. This class is saying, look, I didn't know anything whatsoever about these proceedings. First I knew of any proceedings against me, Magistrates court was when I was arrested last night by the officer and taken to the police station. I've been kept there every night. Obviously, I've seen you as the duty solicitor in the magistrate's court this more if he or she makes a successful see attitude declaration. It sets aside, of course the conviction that's already been recorded in the proceedings and the matter effectively goes back to the the beginning. No doubt the legal advisor will say to the client, well, you know about the proceedings now, don't you? So let's start these proceedings over from scratch. I'm going to read out the allegations to you guilty or not guilty too. Whatever it is client faces. Just a word of caution please use Unlike the opening and sexual one for 2 a strategy declaration does require the client to go into the witness box and to swear on oath that he or she knew nothing about the previous proceeding. So do check please with the legal advisor that nothing was personally served upon the client because clearly if something was personally served then he or she didn't know about the proceedings. Stay happy unwittingly perhaps committed the offensive jewelry by lying on oath. They knew nothing of the proceedings. It's a small but important point isn't it? When you are busy court duty solicitor before the client starts swearing that he or she knew nothing of the proceedings. Just check that nothing was personally served upon him. You might save him from an awful lot of future. Above a word to the wise slide fall. Do have a working knowledge of your crime contract please. And in particular your standard crime contract specification document. You'll find the very latest version on the leader agency website in particular. You walk to be familiar with part nine of that document. It will tell you everything you really need to know about your police station work and the billing of your piece station work Also Part six and Part 10. Those are in relation to Magistrates court work. Part six is a duty solicitor in the magistrate's court palm 10 is Magistrates court work generally, But part 10 does also cover magistrate court duty solicitor work and in particular Have a read of 10.7 and 10.8 those paragraphs set out the people who are covered under the duty solicitor scheme and the people who are not covered by the duty solicitor scheme. As I put them on slide for appreciate that some clients must be seen of course there on the scheme, they are entitled to receive advice from the duty solicitor, assume of course they haven't received advice from the duty solicitor on a previous occasion say you're duty bound to see them In the 48 and to give them some advice and assistance. They effectively on court for what is potentially an offense punishable with imprisonment and that's why all be for you at the police station. You must see them and you must give them advice and assistance if they require whether or not they require advocacy assistance. In addition to the advice and assistance you've already given them is a matter for your professional judgment, advocacy assistance of course, involves going into court and doing the advocacy. Uh huh. I think it's fair to say that most tied if you've given advice and assistance to a person in before you, you're likely to go to court and give them advocacy assistance as well. Do please appreciate the point that you may well be required to give advice and assistance, albeit under the contract. You can't do advocacy assistance. It might be there for a trial, but if they're there for a try hope you can't do a trial in your capacity as the court duty solicitor, you can't give advocacy assistance, but there's nothing to stop you giving advice and assistance in the foyer to this person about a particular matter which may have arisen during the trial. Maybe a matter in relation to bad character, it may be a matter in relation to here, say, I know not just intellectually appreciate the difference that you may still give advice and assistance to this person, albeit you are precluded from going into the court and giving them advocacy assistance as well. Why? Well, because it's a try slide five being the court due to solicit e in the youth call. Not easy if you're not familiar with the practice and procedure in the Youth Court, I really would commend to you that you go on to the sentencing council website and that you've download a very important document. It's cool overarching principles, the sentencing of Children and young people. It was published in june 2017 and it's an excellent read. If you're going to do duty solicitor work in the Youth Court, you really ought to know your way around that particular. I don't want it to turn into a Youth. Cool webinar, because it isn't it's a duty solicitor. Cool webinar. I'm just going to flag up a few things please. He's you asked to be the court duty solicitor in the youth court firstly always check the age of the client. You'd be amazed the number of people you are in the wrong call. Remember The client needs to be 17 or below on the occasion of his first appearance in order for that matter to be dealt with by the Youth Corps and it sometimes happens But although he was 17 on the occasion of the commission of the offense And he was 17 at the charging stage, he's become 18 before his first call Appearance. Well If he's 18, I'm afraid he's in the wrong course it's a matter for the crown. They have to do what they must do in order to reinstitute proceedings properly in the adult Magistrates court because that's where he should be If he's 18 or over on the occasion of his first appearance. Remember also that committal for sentence to the crown court is very different in the years of course we know don't we? That in the adult court if the matter is either way and the magistrate to take the view that their sentencing powers are insufficient, they can always commit to the crown called the sentence where the judge's powers are what we call at large. The judge could imposes a maximum sentence anything up to the maximum that the offense carries on indict And that's true with any offenses either way like malicious wounding like dangerous driving, like assault, occasioning actual bodily harm. It's very different in the youth corps. Well for starters committal for centers to the crown court it's a very rare event but you've got to be aware fact that it is legally permissible if the client pleads guilty today to what we now call a serious offense formerly we used to call these things grave crimes, the serious offenses offenses for which and add could receive 14 years in prison for role or or some sexual offenses which all be they don't carry Anything like 40 years. They are deemed to be serious offenses for the purposes of youth court proceedings. I'm sure those of you who've been around sometime And will be fully familiar with section 91 of the powers of criminal courts Sentencing Act. 2000 of course that secretary is no longer applicable if the offense that was on or after or about the conviction was on Alaska first of december 20 20 1st 57 2020. That's the crucial gauge isn't it? In relation to the coming into force of the sentencing act which apparently we must refer to as the sentencing. Yeah. The new section in relation to serious offenses. If you're looking at the sentencing code Have a look around sections 249 And 250 game if you haven't download the sentence in code. Might I suggest you go onto the website legislation dot gov dot UK. Okay, download the legislation, the sentencing act 20 20 which we must be fair to as the sentencing code. Try and be familiar with orders that can be made in the youth court that can't be made in the adult court with verbal audits. Very common for first time offenders pleading guilty not available in the annual court. Of course you can't have a an order If you're 18 or over and these orders are available for you ruth's in the youth court and it's part of a preferable order. Person must effectively sign a contract n evert collars For no fewer than three months, no more than 12 months. And they must do that which they are required to do by the youth big service with verbal orders. If you're not familiar with the orders that can be made in the youth court, please do get hold of a copy of Stones Justices manual or better still just google it orders that can be made upon Children and yet perhaps even more frightening than being the court duty solicitor in the youth court is being the court duty solicitor in the miscellaneous court As I put them on slide six, goodness me, they can throw anything at you in the miscellaneous court. Never be afraid please to ask for help from the legal advisor and certainly never be afraid and to ask for the german if it's an area of law with which you are unfamiliar trading standards law, environmental law, particularly complex qualification. I knew that when I gave the miscellaneous court, I was always thinking, am I going to get a case now which I knew nothing in terms of not even knowing the rudimentary these of the legislation. I think in those circumstances there's no point hiding no point pretending to be more evidence than you are. The best thing to do is to put your hands up and say, well more than happy to help. But yes, it's not an area with which I'm familiar. I don't know whether you believe Advisor consist in the area. I don't know whether or not it might be more perhaps in appropriate circumstances for there to be a joke in order to a client visit you at the office and discuss the matter in mourning. Obviously everything depends upon the facts the particular case. The current position in relation to credit. First time guilty play be aware of the most recent case of plaque plaque. Ooh, boarding and smith 2021 Court of appeal decision in which you know, if you read the judgment, they didn't pull any punches. They gave it to a straight and they said, look, in order to be assured of your full one third heard, you must be guilty. The first hearing. If the offense is either way or something. That way, you can be assured your full one third credit when you were eventually can be sentenced, assuming of course you agree your the prosecution facts and you're not getting involved in any sort of you can hear me if the matter is purely editable whereby you can't formally enter your plea in the magistrate's court first hearing because you're not title please. The matter is purely indictable. So you must give it unequivocal indication of your guilty plate and then plead at the PT pH plea and trial preparation hearing the first hearing at the Chronicle. Absolutely anything else. It's called repeal and you're one mhm Read it is at risk. So there you are. You can scribble on the form if you like guilty pleas on a basis likely to be guilty pleas. You can do all of that but if you do so you call to appeal, your client cannot be guaranteed one third credit. Maybe the crowd judge takes the view that it's Going to be 20 5% rather than what What can I say? That slide is crystal clear. You have been more slide eight. Completion of the pet for declined who you see. It's cool DJ decides to enter are not guilty. I'm sure you're familiar with your duties under rule three. Case management. Criminal procedure rule was 2021 event important business to set out what the trial issues are. You don't have to particular allies your defense. It's not a defense statement, you're not a crown court. There's no obligation upon in the magistrate's court to furnish the crown with the defense state. The obligation upon the defendant As a participant in the proceedings under the Criminal Procedure Rules 2021 the obligation upon you as the lawyer who is also a participant in the proceedings Under the Criminal Procedure Rules 2021. The obligation is to set out with clarity what the trial issues are. What are the areas of dispute to the contested and what evidence can we agree obviously part and passed the case management. If you agree as much evidence as possible, we want the fewest number of witnesses to attend live to give live or testimony. Try admissions. You could put admissions on the form if you like. Do you remember that admissions made by the accused or an agent of the accused? That's you those admissions a miserable at try against the accused and if you doubt me Have a read of section 118 of the Criminal Justice Act 2003. Yeah. Still on Slide eight. There's an interesting question in what circumstances may you right on the form? The crown is put to the strict proof of its case. I'm told that there are some legal advisers who think you can no longer do that where they're wrong feet leading case insofar as the court of appeal is concerned. It's the case of vagina and Gavin much for Gavin G A V I N much for O. C. H. F. O. R. Court of Appeal 2010 that court of appeal decision with some backed up by the High Court decision of Valley RT and the DPP. Valya T V A L I A T I value out of the TPP and K and and the DPP much more recent cases throughout 2017, in which was Lord Leveson in the High court who said well of course the defense could put on the Pet form that the crowd is put to the truth of its case just as long as all the lawyers appreciate what must happen at trial. If that is written on the wall. In other words the defendant is not permitted to advance a positive text by way have the defense, the lawyer call acting for the defendant he or she can cross examine the witnesses to see if they come up to proof boston at the same time being careful not to cross examine the witnesses so as to put suggested case to the if there's a case to be put. But of course that case that must be put on the Pet for the trial issues the areas of dispute contest if of course he prosecution witnesses do well and withstand the cross examination. No doubt clearly a case has been made out which must be answered. Not that he can answer it. Of course you understand because you can't put him in the witness box so as to advance a positive case nor can you call any defense witnesses on his behalf. The most you can do I would have thought if the case gets past half time is for you to make a closing speech. If however the opposite is true and you have severely young cast doubt upon the prosecution evidence in the way that you cross examined those witnesses such that the crowd have not come up to proof. No doubt you will be considering making a submission of no case to answer and if you win it excellent and if you lose it thereafter you will simply be making a closing speech. You cannot call your client call any defense witnesses in support of the defense. You have no defense. You have put on the form. The crown is put to the proof of its case. You can see can't you how the trial lawyer is severely constrained as to what he or she can do for the client. If you write on the form the crown is put to the proof of it case that is the legal position. You can do it. Don't take it from legal advisers Who say you can't do it. I do make sure piece. You have the case of value 30 Km value out of the DPP and KM and the DPP. Their decay and these were not co defendants. They were conjoined appeals they both went to the high court on the same issue So that's an important case. The other important case for you I've mentioned it is the case of Regina and Gavin watch food. The Court of Appeal 2010. These are cases you should have with you at school as part of your police station as part of your duty solicitor pack and they will assist you with legal advisers who say, oh no, you can't do, you can't like that before. Now. What if what if the client approaches you and says, look, you're the duty solicitor. Will you help me today? I do intend to instruct my own solicitors for the trial. What? Obviously you must exercise your own judgment. But if it were me, I'd steer well clear. But the pet for I really would. I think you are hiding to nothing. You start we're assisting inclined in the completion of hold and then he wants to instruct his own solicitors who now don't agree with that when he's put on the rigid it's got grief written all over. I think my view is that I have worked with the legal advice and say I really I mean, he's here taking instructions as to correctness of the trial issues when this client has informed me that he has his own lawyers that he wants to instruct in relation to try and perhaps it ought to be more for a shorter german in order for him to talk to lawyers who will represent him try. It's like nine. Well, you don't need to tell me that alcohol and driving and drugs and driving a fruitful source of work for the court duty, solicitor, try and have a working knowledge Of the road traffic offenders. At 1988. Road traffic Act, 1988, you wouldn't want to really talk, but you know, if you're going to embarked upon being a court, do you take you need a working knowledge of sections four, walk through to section seven a of the Boat Traffic Act 1988 give you those sections again, Sections four through to section seven A Those sections set out the various offenses under the Road traffic Act, in relation to alcohol and drugs, in relation to the road traffic offenders, 1988. But of course, that's the piece of legislation that deals with evidential issues. It also deals with the disqualification aspect. Mhm. So, if you're going to read the boat traffic Offenders at 1988, might I point you please in the direction of Section 34, Do read section 34 also do read section 35 Section 34 1. These are your obligatory disqualifications 34 to is your discretionary disqualification. Section 35 disqualification, Foot talking out and whilst you're having read of the road traffic offenders at 1988 When you've read sections 30 four and 35, might I ask you to have a Section 15 50 concerning post driving consumption of alcohol and the hip flask Defence, do appreciate the legal difference between driving and attempting to drive and being in charge. A person can be said to be driving if they have substantial control over the movement and direction of the vehicle, a person can be said to be attempting to drive if they've done an act which is more than merely preparatory to the commission of the full offense of driving. It's those offenses driving or attempting to drive. Carrie, of course, absent special reasons. The mandatory minimum disqualification of not Less than 12 months. Section 30 41 of the road traffic offenders 19 in charge. But of course that doesn't carry a mandatory disqualification in charge 10 penalty points, but you can't rule out, can you a discretionary disqualification being imposed under section 30 four. Subsection two of the road traffic offenders act 19. A discretionary disqualification of course, in lieu of points, instead of those 10 penalty points, minimum period for your discretionary disqualification. Well, that's one day because parliament hasn't set any minimum period. Maximum period of your discretion with disqualification. Well, that's a matter for the court because parliament hasn't set any maximum period in relation to a discretionary disqualification. Do please be familiar with the legislation in relation to drugs? It is set out, isn't it? In section five a of the road traffic Act 1988 Please also be familiar with the permissible levels of drugs that you can have a system. The permissible Alcohol We know with alcohol, it's 35. My Yeah, in relation to Drugs or rather what is it? 35 micrograms per I think it's 35 35 micrograms per liter of um Now no 35 micrograms. Uh huh. Something in breath anyway. 35 80 isn't it? In blood and it's something like 16 in Yemen in relation to drugs. Obviously we've got those two statutory instruments, haven't we, setting out the permissible levels in drugs. It varies according to the drug with cannabis, it's too cocaine 10 and so and so on. Do be aware of those permissible levels. Okay 19 The Sentencing Act 2020 or code if you prefer as a cold. You just list that you must get your head around the code. Please download it from the website legislation dot gov dot UK. It does not purport to change the law. Rather codified the legislation concerning sentencing. So you don't have to go looking at old acts of Parliament. If the conviction was on or After one December 2020 the sentencing will be covered by the sentencing. So ignore war, things like the Criminal justice and Immigration Act. 2008, ignore the Criminal justice act. 2003, Ignore the powers of Criminal courts sentencing 2000, please be aware of the legislation that hasn't been codified, you won't find very much on road traffic in the sentencing code seven, you have still got to be okay with those sections Of the Road Traffic Act, 1980 eight and the Road Traffic Offenders Act. Uh huh. Also there's nothing in relation to parole early release or anything like that in the sentencing code. So you've still got to have a working knowledge of the offender Rehabilitation Act 2014. And the point at which your client may be released from the sentence. And what happens to them after release in terms of being a license in terms of being subject to post sentence supervision. The Offensive Weapons Act 2019. Most of this is not yet in force, but please do keep it in mind legislation dot gov dot UK knife crime prevention orders. These came into force on five July 2020 one. If you don't know anything about crime prevention orders, might I suggest that you google them and have a orders at the name can only be made in corpse in the Metropolitan Police District MPD. But of course they are enforceable in court throughout England and violence. Your client might well find himself the receiving end of a knife crime. Provincial order. Either on complaint in your who Magistrates court perhaps as some sort of and celery order upon conviction of a as I say that only being made he'd in the courts in the Metropolitan Police District Development, there's going to be a pilot But for some 40, but they are enforceable in your local courts. So please do google them and watch out for. It's like 12 the domestic abuse Act 2020 wall. Again, if you haven't already done so, might I suggest you download the act from the website legislation dot co dot UK. This act received Royal Assent on 29 April this year. We're waiting for the important sections to be brought into force by means of statutory instruments probably later this year in particular. Domestic abuse protection notices and domestic abuse protection orders, which will replace domestic violence protection notices and domestic violence protection audience, but they differ from the current. So please keep an eye out for those. You're going to have to deal with the notices, the police station, you're going to have to deal with applications for orders as court duty solicitor. Cool. Not in force actually threats to disclose private sexual photographs and films with intent to cause distress. While that came into force with royal assent On 29 April 2020, that's just really an extension isn't it? On the old revenge paul offense, revenge porn of course, actually disclosing those private sexual photographs and films which has been a defense for some while. Now, this act merely extends the criminality to include threats to disclose private sexual photographs and films. Also when the act came into force and the section that said that you can't consent to serious harm. You can't consent to serious harm for the purposes of sexual gratification. That is also enforce, but very little in force. As a august 2021 it's like 13. Don't be caught out, will you theft by way of low value shoplifting. Section 22 A of the Magistrate Courts Act 19 80. It is a summary events and is therefore subject to the time limits contained within section 127 of the magistrate corpse 1980 the defendant can elect crown called trial Magistrates cannot decline jurisdiction. It's very different isn't it From those. Either way offenses mentioned in section 22 of the magistrate corpse act 1980. I think you have low value criminal damage, low value damage, aggravated vehicle taking. These are offenses that are either way and to be charged at any time. Not so low value shoplifting. Where the value is two £100 or below. That is a summary Offense and must therefore be charged within six months of the commission date of the offense. See section 127 of the Magistrates. Court 19 it's like 40. Does the court need reports before sentencing. Where The sentencing code 20 20 merely replicates the criminal Justice Act 2003. Yes, the court requires reports unless the court considers that it does not require reports. Watch out if you're called duty solicitor, if you've got a client in the cells if he or she has been sent to custody before. there is nothing to stop the Magistrates imposing a short custodial sentence and not calling for reports. The case on this as you probably know is vagina Gillette in which the court of appeal said that if the court were thinking of a short custodial sentence, there will be nothing wrong in sending a person to custody without reports if that person had been to custody in the past. And I know that it's happened to me more than once. As Cool duty solicitor when I was representing clients who were in the cells for repeatedly driving whilst disco guilty play court duty solicitor clients probably looking at something like four months, six months of course. 3rd of credit feel guilty play four months, how will he serve two months? What happens at the two month stage here we released on licence. He'd be licensed for two months. What happens after the two month licence period? But he is then subject to supervision for 10 months. Why 10 months? Well because the license and the supervision Must both add up to 12 months following his release two months license. 10 months supervision. He might be released even earlier home detention curfew scheme. You can be released. Countries discretion rate, he might be released the 20 5% stage At this four month sentence. He might be out after a month slide 15 court appointments, your crime contract makes it clear that you can accept a court appointment even when you're acting as the court duty solicitor. If you're busy, you might consider asking the court to appoint another second duty solicitor. That would be someone from your home who can deal with those other clients who require your assistance as the court duty solicitor. Because in my experience, if you get a court appointment, it's quite a time consuming things and invite as it were be spending quite considerable time with that client today, you are don't be fazed by it. There's nothing wrong with asking call to consider appointing a second duty solicitor to cover the court list if you're just too busy to do everything. And you know the legislation that deals with court appointments, It's section 38, subsection four of the Youth Justice and Criminal evidence act 1999. It's like 60. Watch out for simple taking of motor vehicles and the fact that sometimes a simple taking can become aggravated of course, if the aggravation is damaged and the value is £5,000 all below it ceases to become either way and becomes a summary. Be aware of penalty points and disqualifications. There's no penalty points for taking and driving away or taking motor vehicles without consent. That could give a discretionary disqualification if they wanted to. That's for a simple taking and driving. Of course, it's a mandatory minimum back of no fewer than 12 months food aggravated vehicle KK and it's a mandatory ban, not only for the driver, but also for passengers in a vehicle taken without consent and very quickly the four ways in which is simple taking can become aggravated firstly the vehicle was driven dangerously, always. Either way someone was injured, always either way the vehicle was damaged either way, unless the value of the damage is 5K. or below 4th League, something other than the vehicle was damaged again. If the value of the damage was five K or below summary, it's like 17, a bit more boat traffic failing to provide this time. Watch out for this. Don't be caught out is called duty solicitor. Not every failure to provide a specimen carries a mandatory disqualification from driving Failure, roadside carries four penalty points, failure to provide a beast station. If you're in charge, that's 10 penalty points. Remember failing to provide a specimen. It's only a mandatory disqualification if it's for driving or attempting to drive an easy mistake to make and when you were busy call duty solicitor Slide 18. Can the cps charge your client in court with a new offense today. But yes, they can that they must be acting in good faith DPP and Hamilton and watch out for the time periods in this area. Clearly, if it's in relation to a summary offense, they can only charge a summary offense most of the time within six months of the commission data. The effects. There are exceptions to this and you should always check with the particular summary offense to make sure that the proceedings must be instituted within six months of the actual commission date of the effects. one of the exceptions would you believe is taking motor vehicles without consent. The section says does it not that proceedings must be instituted within within three months of it coming to the attention of the prosecutor that the motor vehicle had been taken without consent. But most of the time the six month rule replies with summary offenses. See section 127 of the Magistrates courts teammate, can they amend and either way offense to read a summary offense More than six months after the commission date of the offense answer Yes. So long as they charged that either way offense within six months if they charged that either way offense outside of six months they're stuck with it and they can't reduce it to a salary events of course it goes without saying there are no time limits. Free diet of lonely offenses and there are no time limits for either way offenses Slide 19 breach of bail conditions. Watch out for this. You may on occasion has caught due to solicit to be asked to assist even though the defendant is represented by his own firm of solicitors. But the court can't get in touch with or they can get in touch with them but they can't it? The test of course there is a duty upon the crown to through the breach of bail conditions in the event of there being a denial although Egypt's the civil standard balance of abilities there's your case. The queen on the application of royston thomas and Greenwich magistrate called High court decision from 2000 is the person in the proper cool. Obviously they must be taken to the local Magistrates court for the area in which they were arrested and they must Be produced before that court within 24 hours of rest. The exception to that of course is if they do back at the crown call within 24 hours if they are it is to the Crown court to which they are to be. I'm buying it It's like 2020. Watch out in relation to surrendering to bail. Different Magistrates court seems to be doing different things. Some calls deep surrender that's being at the point of signing on with the usher. Other courts say no who surrender is when your name is called and you physically go into court and answer your do please check with your local magistrate for which policy is being operated in your fresh, if you're dealing with people who turned up late or were they late? Well probably not they're not needed at all aren't they? If surrender takes place when they go into court and their name hasn't even been called. Yeah of course they are late if so India takes place when they book them with the usher they should have been here that help us now and here it is now at 11 o'clock. I was there you are. I do hope you found that use for law. That remains really to thank you on behalf of myself calling. They want also on behalf of data law for watching this particular webinar. I do hope that whether you're just starting out or whether or not you're experienced duty solicitor that there was something of interest in this particular webinar. Find it. I think it has come to me in relation to alcohol. It's 35 micrograms per 100 liters of breath. Pretty sure that's what it is. Shouldn't really have to look it up. Shut up. There you are. You can't know everything many. Thanks. Bye.