See 10.8(e):
10.8 The Duty Solicitor must, subject to Paragraph 10.9, also provide:
(a) Advice and Assistance and/or Advocacy Assistance to a Client who is in custody on a plea of guilty where the Client wishes the Case to be concluded at that appearance in court, unless the Duty Solicitor considers that the Case should
be adjourned in the Interests of Justice of the Client;
(b) where necessary, Advice and Assistance and/or Advocacy Assistance to a Client who is before the court as a result of failure to pay a fine or other sum ordered or to obey an order of the court, and such failure may lead to the Client
being at risk of imprisonment;
(c) Advice and Assistance and, where appropriate, Advocacy Assistance to any other Client who is not in custody provided it is in connection with an imprisonable offence where, in the opinion of the Duty Solicitor, such a Client requires
Advice and Assistance and/or Advocacy Assistance;
(d) help to a Client who is eligible for assistance from the court Duty Solicitor to make an application for a determination that an individual qualifies for Representation in respect of any subsequent appearance of the Client before the
court. Where such an application is made the Duty Solicitor must enquire whether the Client wishes to instruct another Duty Solicitor to act for him or her. If the Client does so wish, the Duty Solicitor must insert the name of that Duty Solicitor in the application
form;
(e) Advice and Assistance and, where appropriate, Advocacy Assistance to a Client in circumstances described in Paragraph 10.7 above;
(f) Advice and Assistance and, where appropriate, Advocacy Assistance to an individual to apply to vary police bail conditions (including “street bail” conditions) imposed by the police under sections 30BC or 47(1E) of PACE, as amended
by the Criminal Justice Act 2003; or (g) Advice and Assistance, and where appropriate, Advocacy Assistance to an individual subject to an application by the police to extend police bail under sections 47ZF or 47ZG of PACE.
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 Rakesh Bhasin
Sent: 15 March 2019 11:48
To: Harvey Fox <Harvey.Fox@freemanssolicitors.net>
Cc: Keima Payton <keima@paytonslaw.co.uk>; 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?
Representation? Or advice only?
Rakesh Bhasin
Steel & Shamash
Sent from my iPhone
On 15 Mar 2019, at 10:25, Harvey Fox <Harvey.Fox@freemanssolicitors.net> wrote:
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
<image004.jpg> <image002.jpg> <image007.jpg>
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
<image008.png><image009.jpg> <image010.png>
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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