You do not have a discretion but have to act, prescribed proceedings attract mandatory representation by the Court duty Solicitor under 10.7(C) GCC:
Service requirements
10.7 A Duty Solicitor at a magistrates’ court must provide the following services to any defendant who wishes to receive Advocacy Assistance:
(a) advice to an individual who is in custody; and
(b) the making of a bail application unless the individual has received such assistance on a previous occasion; and
(c) advice to an individual who is involved in Prescribed Proceedings.
DVPO are prescribed proceedings under s14(h) LASPO – listed under regulation 9(u)(ii) SI 2015/326
Criminal Legal Aid (General) Regulations 2013
Harvey Fox
Police Station Advice Coordinator
FREEMANS SOLICITORS
07973 259382 (24 Hours)
Secure email: harvey.fox@freemans.cjsm.net
From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk]
On Behalf Of Keima Payton
Sent: 15 March 2019 10:11
To: ListA@lists.clsa.co.uk; members Lccsa <members@mail.lccsa.org.uk>
Subject: Re: Domestic Vuolence Protectuon Order - do we do these as duty sols at Court?
It is an application for a DVPO not a breach of one.
I am now a tad confused... if it is my choice, with my list it is a No!
Sent from my Samsung Galaxy smartphone.
-------- Original message --------
From: Caroline Jackson <carolinej@efbw.co.uk>
Date: 15/03/2019 09:59 (GMT+00:00)
To: Keima Payton <keima@paytonslaw.co.uk>
Subject: RE: Domestic Vuolence Protectuon Order - do we do these as duty sols at Court?
Is it breach of the DVPO? If so can get up to 28 days custody so yes to deal with it.
If it is for application to obtain the order, then up to you, you don’t have to, but I probably would if not busy.
Caroline Jackson
Solicitor
EDWARD FAIL BRADSHAW & WATERSON
Bank Chambers
662-664 Commercial Road London E14 7HA
DX: 300701 Tower Hamlets
Tel: +44 (0) 207 790 4032
Fax: +44 (0) 207 790 2739
Secure Email:
carolinej@efbw.co.uk.cjsm.net
Website:
www.efbw.co.uk
We have amended our Privacy Notice to comply with the new Data Protection Act 2018 (and the General Data Protection Regulation). If you want to see how we
process your personal data then please review the new Privacy Notice on our website at
www.efbw.co.uk/policy
From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk]
On Behalf Of Keima Payton
Sent: 15 March 2019 09:54
To: ListA@lists.clsa.co.uk; members Lccsa
Subject: Domestic Vuolence Protectuon Order - do we do these as duty sols at Court?
I am sure this has come up before but I cant think of the answer...
Are these really done by duty?
Sent from my Samsung Galaxy smartphone.
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