How to Get a Duty Solicitor at Magistrates’ Court

At Lillian Purge, we specialise in SEO for Solicitors. This resource explains how to get a duty solicitor at magistrates’ court.

If you have been charged with a criminal offence and are due to appear in a magistrates’ court, you may be entitled to representation from a duty solicitor. Duty solicitors provide free legal advice and assistance to those who need immediate help and cannot arrange their own lawyer. This article explains how to get a duty solicitor at magistrates’ court, who qualifies for the service, and what support they can offer during your hearing.

What is a duty solicitor

A duty solicitor is a qualified criminal defence lawyer who provides legal advice and representation to individuals under the Legal Aid Scheme. They assist people at the police station and magistrates’ court, ensuring that everyone has access to fair legal representation regardless of income or personal circumstances.

Duty solicitors are independent professionals, even though they are provided through a government-funded scheme. Their role is to act in your best interests and ensure that your rights are protected throughout the legal process.

When you can get a duty solicitor

You can request a duty solicitor if you:

• Have been charged with a criminal offence and must appear before a magistrates’ court

• Do not already have a solicitor representing you

• Cannot afford to pay for private legal advice

If you are appearing in court for the first time after being charged, you can ask for the duty solicitor on the day of your hearing. The solicitor will advise you about the charges, explain your options, and represent you during the proceedings if appropriate.

How to get a duty solicitor at magistrates’ court

The process of getting a duty solicitor is straightforward. When you arrive at court, you should tell a court usher, security officer, or clerk that you need legal representation. They will contact the duty solicitor on your behalf.

You may be asked to provide your name, details of your case, and confirm that you do not already have a lawyer. Once verified, the duty solicitor will meet with you privately before your hearing to discuss the charges and advise you on how to proceed.

Duty solicitors are available at every magistrates’ court in England and Wales, and their services are free of charge for anyone who qualifies.

What a duty solicitor can help you with

A duty solicitor can assist with most criminal cases heard in the magistrates’ court, including:

• Theft, assault, or public order offences

• Motoring and driving offences

• Breach of bail or community orders

• Drug-related charges

• Minor fraud or dishonesty offences

Their role includes explaining the charges, advising you on whether to plead guilty or not guilty, representing you in court, and making submissions to the magistrates on your behalf.

If your case is complex or likely to go to the Crown Court, the duty solicitor may also help you apply for legal aid or arrange ongoing representation.

Who qualifies for duty solicitor help

Duty solicitors are available to anyone who appears in magistrates’ court without representation, regardless of income. However, their assistance is usually limited to the first hearing or urgent advice.

If your case continues beyond that stage, you may need to apply for full legal aid or instruct a private solicitor. The duty solicitor can guide you through this process and help complete the necessary paperwork.

What to expect from the duty solicitor service

Duty solicitors aim to provide impartial, professional advice as quickly as possible. You will normally have a short meeting before the court hearing, during which the solicitor will:

• Review the charges against you

• Explain the possible outcomes

• Help you decide how to plead

• Represent you during the hearing if time allows

Because the service is in high demand, the time available may be limited, but you will still receive essential legal guidance and representation.

What duty solicitors cannot do

While duty solicitors offer immediate support, their role is limited to specific situations. They cannot:

• Represent you at future hearings unless you formally instruct them or qualify for legal aid

• Handle civil or family law matters such as housing, divorce, or debt

• Provide long-term advice outside the initial court appearance

If your case is likely to continue or requires more extensive preparation, the duty solicitor will advise you to appoint a legal representative for ongoing support.

How legal aid and duty solicitors work together

The duty solicitor scheme operates as part of the wider Legal Aid system in England and Wales. If your case proceeds beyond the first hearing, you may be eligible for legal aid funding based on your income and the seriousness of the charge.

The solicitor who assists you through the duty scheme can often continue to represent you under legal aid if you meet the criteria. This ensures continuity and helps maintain consistency in your defence.

Why having a solicitor matters in criminal cases

Even minor criminal charges can have serious consequences, including fines, community orders, or imprisonment. Having a solicitor ensures that your rights are upheld, the evidence against you is properly reviewed, and your case is presented clearly to the court.

Duty solicitors provide crucial protection for those facing legal proceedings without preparation. They make sure you understand your position and that the magistrates hear your side fairly.

How Lillian Purge helps solicitors reach criminal defence clients

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See related legal guidance in what is the difference between a barrister and a solicitor and how much does a solicitor cost for magistrates court, together with our Solicitors Hub.