The duty solicitor should be familiar with the case of Cooling v Steel (1971) 2 SASR 249, which refers to matters a Magistrate should bring to the attention of an unrepresented person pleading guilty. In particular the Magistrate should indicate that a sentence of imprisonment may be considered and that the person is entitled to seek legal advice before the plea is entered. Where those matters are not raised by the Magistrate, at least by general intimation, there may be grounds to appeal against conviction and sentence.

The duty solicitor must not offer any advice as to the merit of an appeal unless you were actually present during the Magistrate’s sentencing remarks. Senior counsel opinion on the merits of an appeal should be sought. If senior counsel later finds there is no merit in the appeal it can be discontinued unless the defendant wishes to pursue it unrepresented.

If the sentence of imprisonment ordered is relatively short (for example two to four weeks) the defendant will have served that time in custody before legal representation is arranged, unless the duty solicitor immediately assists or arranges for an experienced practitioner to attend on them in custody in the next few days.