Provision of duty solicitors


Friday, Dec 14, 2012

In light of the recent action taken by some solicitors to refuse to provide representation to their existing clients appearing in the custody courts, we need to ensure that accused persons who wish it are provided with representation and that the duty solicitor properly performs this important role. We have been informed of one case where a duty solicitor thought he could not act for a client whose own solicitor has chosen not to represent him in the custody court. Therefore, to assist solicitors who are providing the court with duty solicitor services, this note sets out the position regarding our responsibilities to provide duty solicitors in each sheriff and Justice of the Peace (JP) Court and the duty solicitor’s role in ensuring advice and representation to people in custody or on an undertaking to appear.

To read the full statement please click here.


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