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magistrate
does any one know what happens at the magistrates first hearing and do you need a solictor??
no funny remarks please spare them for laters
no funny remarks please spare them for laters
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The rules governing free representation at Magistrates� Courts was changed last year.
Free advice from the duty solicitor is only available to those who have had no opportunity to seek advice beforehand (e.g. those arrested, refused bail by the police and brought before the first available court). This advice will be only summary in nature (sufficient to ensure that bail, if appropriate, is secured, and that the defendant understands what his responsibilities and rights are).
Defendants appearing otherwise must make arrangements to be represented. Legal Aid (which is available generally only for those with an income under (roughly) �11,000pa) must be sought and arranged before the first hearing. Courts now have special offices which deal with the applications for Legal Aid and such requests are dealt with promptly. In exceptional circumstances solicitors are able to claim a flat fee for providing advice before a Legal Aid application has been processed. However, they will not make anything other than the most basic of representations to the court.
If you turn up without having made the necessary arrangements you will have to ask for an adjournment so that you can do so. Magistrates are being encouraged to be more robust in granting adjournments and the general principle is that they expect progress to be made at each appearance.
A new initiative called Criminal Justice � Simple, Speedy, Summary� (CJSSS) is being rolled out across the country and its aim is to deal with as many cases as possible in one appearance (guilty plea) and two (not guilty plea).
Free advice from the duty solicitor is only available to those who have had no opportunity to seek advice beforehand (e.g. those arrested, refused bail by the police and brought before the first available court). This advice will be only summary in nature (sufficient to ensure that bail, if appropriate, is secured, and that the defendant understands what his responsibilities and rights are).
Defendants appearing otherwise must make arrangements to be represented. Legal Aid (which is available generally only for those with an income under (roughly) �11,000pa) must be sought and arranged before the first hearing. Courts now have special offices which deal with the applications for Legal Aid and such requests are dealt with promptly. In exceptional circumstances solicitors are able to claim a flat fee for providing advice before a Legal Aid application has been processed. However, they will not make anything other than the most basic of representations to the court.
If you turn up without having made the necessary arrangements you will have to ask for an adjournment so that you can do so. Magistrates are being encouraged to be more robust in granting adjournments and the general principle is that they expect progress to be made at each appearance.
A new initiative called Criminal Justice � Simple, Speedy, Summary� (CJSSS) is being rolled out across the country and its aim is to deal with as many cases as possible in one appearance (guilty plea) and two (not guilty plea).
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