Duty Solicitor Update 2019

Hello and welcome to this bite sized webinar presentation on behalf of Data Law. My name is calling Beaumont and I wasa solicitor for many, many years in private practice. I'm now a Barry stuff in brackets, non practicing. So this one is all about the duty solicitor update 2000 and 19 to Let's have a look at slide them too. We got a dozen points to consider during this 20 minutes. Last one at the duty Solicitor Guidance 2000 and 80. An interesting document published by the Legal aid Agency came out, I believe, in July 2000 and 18 available from the Legal Aid Agency website Well, where the read if you are duty solicitor One of the factors it considered was the four key now was worth of contract work per week that you have to do in order to maintain your status. There's a duty solicitor, useful guidance on things that were not terribly clear beforehand. For example, can you put in private work into that 48 hours? Yes, if the person is it were on, if the matter would have qualified for legally. But for one week or another, he or she that doesn't want legally or they're in ineligible. Believe Lee on the grounds of means. If it's a matter that would be covered by your contract, then you could do it, even though it's private work and you can put it in the 14 hours. Probably you can also put in your Crown Call Act because see as part of the 40 now, you can also put in your cross examination when you're called to point it. I was No. One. It's worth a read that there were other matters that you could put into your 14 hours per week as well. The second point issues concerning the pet fall on the very important case of value rt in the DPP and K M and the BBB. It may well be that is the duty solicitor. Once a no guilty plea is being entered, you'll be assisting the client in the completion off this form. Now it's a matter obviously entirely for the client. Let's do what he wants you to put in Section eight and Section nine. Section nine, of course, is the admissions part. What happened in these two particular cases with a survive? Levinson of the High court had to consider whether or no the matter straight were right in using the information that is being written on the pet form to, as it were, fill in the gaps that had occurred during the trial because of the absence of certain prosecution witnesses and in the other case, K. M and the DPP. Again, there was some evidence of trial. But was it a case where the Magistrates had used that which was written on the platform to bolster the evidence that they had already heard survive Nevers and said, Look, there's nothing wrong with the stuff that's written on the pet form, But if it's going to be admissible in evidence, it must be done properly by the advocates in open court. In other words, there must be an application by the prosecutor that this statements on the Pec form all be there here say that they be received as part of the evidence in the tribe. The defense must be given an opportunity to argue that to do so would render the trial unfair. So course they could make an application under Section 78 of Pace and survived ever since, said, You know, you can't really use the full toe filling the evidence you gaps caused by prosecution witnesses. No attending the Tryon. That's not the purpose at the competion. Have bet full a good case. An important case. Seriously. If you're operating as an advocate in the magistrate called, you need to read Valley rt of the DPP and km at the DPP. Find a boy. Imagine you're the duty solicitor in the youth call What is the legal position in the youth court, where a youth, albeit 17 or below on the occasion of his first appearance in court so is in the right court becomes 18 trying to plea on a matter which is triable Either way, all in diable only Well, the law is very simple. If he becomes 18 trying to play on a matter which is either way, you must deal with allocation and sending in the youth cool. He's now an adult. He must be given an opportunity to re elect ground ball. Probably he wants. Clearly the Magistrates have an opportunity to decline jurisdiction. They say if the matter is purely indict a ble, then he must be sent to the crown Cool Section 51 of the Crime and Disorder Act 1998 can't do anything else. He's become 18. I must therefore be treated as an adult on this procedure is carried out in the youth. It only applies where youth becomes 18. Try to play well. Come across your part very often. Do watch out for it if you're called Dukie Solicitor in the points 4 to 6 when your court duty do remember the current position regarding fines and compensation. A level one finest Still £100. Level two is still 400. Level three s Still 1000 level for is still 2.5 £1000 level. Fi is unlimited drunk driving. Unlimited fine drink driving Unlimited Fine. These are level five events is the £5000 cap has gone. If you're looking after a bar, the wealthy playing as called duty expect the fine to be rather high. Finds, as you know, should be discharged. Over a period of 12 months. Compensation compensation was formally camp at £5000. Perfect faints. It isn't any longer. Compensation in the Magistrates Court is now on a limited amount. Compensation should be discharged over a period of 36 months. These are important things to know. When you advising a client to be guilty as called duty solicitor, the two full purpose of case management I was followed, say the court of Appear Firstly, for the parties to be straight with one another as to what the tri ALS issues are. Secondly, to obviate the need wherever possible for witnesses to have to come to call to give live. Or will testimony agree as many statements as you possibly can makers? Many section 10 additions as you possibly can. Let's have the least least amount off trial issues possible on Let's have the fewest amount of live witnesses at being called at this plan. If you've done that, you actively engaged within the spirit of the criminal procedure rooms. Bad County Teoh. Well, if you're false to deal with it at the first hearing are not guilty. Plea. Having Bean entered the court of Appeal say a good way of addressing the issue. It's first of all for the parties to decide what the triumph issues are. It's only when you know what the Tryon issues are that you know whether or no carried her. Goodall bad each relevant to any off the issues in dispute between the prosecution and the defense. Try the next slide 0.79 reducing a Navy H two Common a soap. Watch out for this if you call you. Okay, The proceedings may commence by the issue of a written charge. Indirect was issued. That issue or the written chargin requisition might have taken place on a BH matter mawr than six months after the offense occurred. In no circumstances Dugal on the CPS is the high court authority says you cannot reduce an A B h two. A common assault on Let's the A B H was charged within six months off the commission date of the events. I'm sure you also know that not only must be either way matter have Bean charged within six months, but two other factors to other factors of relevant the new charge be amended charge must not lay the defendant open two penalties that he was not at risk o in the first charge. But I'm sure that would be offended. You used in a B A to a common So secondly, the new offense must devise out of the facts of the original events. And again, I'm sure that would be the case on a reduction of a Navy age to come. So But it might pull down on the box that needs to be taken. Was the A B H charged within six months. Gosh, might have bean a lot longer than six months before that. Britain jump lunch with drafted on the requisition orders. Drugged driving. I don't want to say an awful not how many, About 20 minutes in this bite sized webinar that, please. If you haven't done so yet, do go on to the centers in council website and have a read of the drug driving guidance. It was published in November 2016. You have some very useful guidance on the circumstances in which one drug may produce to results and should not be regarded as effectively to separate offenses. If they are charged as two separate offenses, you need to bring it to the attention of the Magistrates. Okay, it is. It has been charged as two separate matters. If you're thinking of a funny would you p survive that you're fine on, then simply divide it 50 50 between these two offenses because We have a classic case here of one drug producing two different results. Also, please. If your client is sentenced to custody, do have a working knowledge of the Rehabilitation Offender Rehabilitation Act 2000 and 14. I give you a simple example. Duty play, driving, lost, disqualifying on. He's being to prison in the paths. What might happen when he might be sentenced to an immediate custodial sentence? Credit for his guilty play. Four months in prison. Do have a word with him. If he gets four months, he may serve to. That's a determinant sentence, so he will serve two. Unless he's released early off through a month, he may become entitled to discretionary early early release. After a month. 25% of performance centers on home detention curfew if he serves two months here, most certainly be released at the two months stage on. He'll be on license for two months. If he reaches the terms of his license, he's liable to be really cool. Ward on given 40 games. They kept the 28 day fixed to re cool, but only if your sentence is 12 months old. Once he's done his two months license He then slips into post sentence supervision for 10 months. Why 10 months? Well, because the act says the license on the post sentence supervision period must add up to 12 months following his roots when he was released on licence the two months he's therefore going to be given 10 months post sentence supervision. If he reaches the terms of his post centered supervision, he'll find himself back in call where the court, of course, may do one of a number of things to him. They may take no action on the bridge. They may find him an amount not exceeding £1000. They may give in custody on amount, not exceeding forgetting gains. They might give him what's called a supervision default order consisting of unpaid work, all a curfew. They were just a little chat with him. Please, if he's given a custom views and finally points 10 12 0.10 surrendering to bail, the Justices Clark Society have pointed out the Different Magistrates Court doing different things. When do clients surrender in your local back? You straight school, some magistrate call say the point of surrender is when you book on with the Usher, perhaps at 9 30 Other Magistrates Court Say no, you don't surrender to your bail in this court unless and until you come into called and you formally surrender yourself in called an answer to your name when it's cool. This is important if you think about it, because it's surrender takes place. When he is formally called into court, he may turn up a 12 noon. No having Bean formerly called into court at that stage, there can be no bay, an active events. He isn't Nate. How can you be late? He hasn't been asked to surrender, yet. His name hasn't Bean cool. Quite the opposite would be true, of course, if in your local called, he's obliged to surrender at heart past nine of Book on with the ASHA. If that's the situation and he turns a bit 12 gluten, then of course, he's 2.5 hours late and of a lack charge could be preferred. Point 11. Do give some thought, please to the people for whom you should act under your contract on the people for whom you should know act under your contract when acting as the court duty solicitor. I think it's important that all court duty solicitors have a working knowledge off one of the documents that was published when we signed down new crime contracts. First of April 2000 and 17. Two documents, firstly, the standard terms With that small the ball Rina can't recommend you read that the other one, the 2000 and 17 standard crime contract specifications in particular section, can deals with the people for whom you can and cannot act as cool beauty in particular. Section 10.7 on 10.8 We haven't got time to go through the two lists, but I think as a duty solicitor you really need to have a working knowledge off these can. I also say section can very, very good in relation to the building of magistrate. Cool work sexually. Nine. Very good in relation to the building of police station work, Section six will tell you on awful lot about what you need to do in order to maintain your status as a cool duty citizen and, of course, in relation to your rates of pay. They're fully set out for you in statutory instrument 2060 Number 313 You know don't do your hourly rates as called Dukie. Those rapes Aaron Hearts If you're working on a Saturday or non business day, you can also have your travel time on a non business day Saturday morning. You can also have your disbursements on a known peace these days. You can also have your problem, time and dispersants if you're voted and you go to your office and then you'll call back to call on that return to call. You can have your travel time and you're dispersement, even if that's during the week. And if you're caught appointed, you're you're going to pay period as you. Maybe if you read section 10 your contract, you clock off the duty solicitor rates and you clock on at those rather handsome central funds rates. There you are 20 minutes. It goes very fast, doesn't it? Thank you on behalf data law for watching this particular weapon on listening to May my hope it's approved. Helpful? Do you and I look forward to your company again in the not too distant future on another bite sized webinar, thank you