skip to content

Refine results


Search by

Search by Algolia
Need Legal Help, read about who we are.

Priorities of Duty Solicitor work

THE PRIORITIES

The duty solicitor’s primary role is to assist unrepresented people appearing in court that particular day, with the priority of assisting people in overnight custody to apply for bail. It is important that the duty solicitor provides assistance and representation according to the priorities set out below.

Priority One: Representation of people in custody

The first priority is the representation of people in custody who have been recently arrested and who wish to apply for bail. They have usually been arrested that day, or the day/night or weekend before they are brought to the Court. This category of people requiring assistance is referred to as overnight arrests or overnight custodies [see Bail chapter].

Another category of people in custody who require assistance are those who have previously appeared on the matter(s) now before the Court but who have remained in custody and are unrepresented.

When people who are in custody appear before the Court, the court file is endorsed with DAXC for a defendant whom appears ex-custody.

These defendants usually need the help of the duty solicitor to:

  • apply for bail [see Bail chapter];
  • apply for a bail assessment and/or home detention report in respect of bail for the next court date [see Bail chapter];
  • make submissions in mitigation of penalty on a plea of guilty, if it is a relatively minor matter [see Guilty Pleas and Sentencing chapters]; or
  • remand the matter pending lodgement of a legal aid application or for a private solicitor to be instructed [see Assistance with Legal Aid Application in the Bail chapter].

Priority Two: Representation of people who are not in custody

The second priority is representing people who are not in custody but need help to apply for a remand/adjournment or to enter a plea of guilty in a simple matter [see Guilty Pleas and Sentencing chapters].

Considerations relevant to the duty solicitor deciding whether to assist such a person are discussed in more detail later in this chapter (see below).

WHEN TO REFUSE A GUILTY PLEA

The duty solicitor should only offer assistance where the person would be at a serious disadvantage without representation.

Where more detailed preparation is required for submissions on a plea of guilty, the duty solicitor should not attempt representation themselves. Instead, they should advise the defendant to remand/adjourn the matter him or herself and instruct a solicitor or apply for legal aid promptly [see Guilty Pleas chapter].

Priority Three: Advising people who are not in custody

The third and last priority is advising people who are not in custody and are to appear in court that day. The people to help in this category are:

Unrepresented defendants generally

These defendants often need advice as to:

  • potential defences;
  • whether it may be in their best interests to adjourn/remand the matter and instruct a solicitor to negotiate with police prosecutions or to proceed to trial;
  • possible penalties such as fines, licence disqualifications and alternative sentencing options such as good behaviour bonds and community service work; or
  • whether the offence with which they are charged may potentially attract a sentence of imprisonment, either suspended or immediate.

Unrepresented defendants who are able to conduct their own guilty plea

These defendants need the assistance described above for unrepresented defendants generally, as well as advice about court procedures and the material they should put to the Magistrate in mitigation of penalty [see Guilty Pleas and Sentencing chapters].

TELEPHONE ASSISTANCE - REFER TO THE HELPLINE 1300 366 424

The above information for assisting unrepresented persons does not include advising people who telephone the duty solicitors’ office requiring legal advice, because they are not appearing in court on that day.

The duty solicitor should refer them instead to the Legal Services Commission’s Legal Help Line on 1300 366 424 or Legal Advice Appointment Service (click here for contact details).

In addition, referrals can be made to:

The Law Society of South Australia Legal Advisory Service (08) 8229 0200

Appointments are available each Monday between 5.30pm and 7.00pm. There is a nominal fee for a 20 minute interview.

Community Legal Centres

Refer to the South Australian Community Legal Centre Directory at www.saccls.org.au for a list of metropolitan and rural centres which provide free legal advice and assistance.

Priorities of Duty Solicitor work  :  Last Revised: Tue Sep 27th 2016