I can’t see how it makes any difference.
The bottom line is whether they have previously received advice by the Court Duty Solicitor. Irrelevant if previous representation was pro bono as here, private or court appointed.
Even the requirement that no body has legal aid has been watered down. Obviously no trials but restriction against sending hearings was also removed.
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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
On Behalf Of David Martin
Sent: Wednesday, June 21, 2023 1:45 PM
To: members@mail.lccsa.org.uk
Subject: Re: Court duty query
Differences of opinion. Is the position changed if, as happened to me today, the solicitor nominated on the LA application appears before the court at the first hearing and renews the application and the court refuses, and the solicitor
then exits and the duty (me !) is roped in.
(Just to be clear I did do it but would like to know the answer for future reference)
On Wed, 21 Jun 2023 at 10:53, David Martin <davidbm342@gmail.com> wrote:
If a defendant has been refused legal aid on interest of justice grounds is he/she nevertheless entitled to advice and assistance from the duty at court on a first appearance ?
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