NCJ Number
59023
Journal
QUEENSLAND LAWYER Volume: 4 Issue: 4 Dated: (1977) Pages: 75-84
Date Published
1977
Length
10 pages
Annotation
SHORTCOMINGS OF AUSTRALIA'S DUTY SOLICITOR SCHEME FOR PROVIDING INDIGENT DEFENDANTS WITH LEGAL ASSISTANCE ARE POINTED OUT, WITH REFERENCE TO CASE STUDIES AND A SURVEY OF DUTY SOLICITORS.
Abstract
UNDER THE SCHEME, PRIVATE ATTORNEYS LISTED ON A COURT ROSTER PROVIDE ASSISTANCE TO ACCUSED PERSONS PRIOR TO AND DURING THEIR FIRST APPEARANCE IN MAGISTRATE'S COURT. OBSERVATIONS OF CASE INVOLVING DUTY SOLICITORS IN BRISBANE (QUEENSLAND) INDICATED THAT THE SOLICITOR'S EFFECTIVENESS WAS LIMITED BY THEIR INEXPERIENCE AND BY LACK OF TIME FOR INTERVIEWING DEFENDANTS. FOUR CASE EXAMPLES ILLUSTRATE HOW DUTY SOLICITORS AT TIMES ARE OVERANXIOUS TO ENTER GUILTY PLEAS, SOMETIMES LEADING TO TIME-CONSUMING AND EXPENSIVE APPELLATE ACTION. A SURVEY OF 400 DUTY SOLICITORS IN THE BRISBANE AREA (17-PERCENT RESPONSE) FOUND THAT 31 PERCENT WERE IN THEIR FIRST 5 YEARS OF PRACTICE, 46 PERCENT WERE AGED 20-30, AND ONLY 34 PERCENT HAD ANY EXPERIENCE PRACTICING CRIMINAL LAW. CONTRADICTIONS IN THE RESPONDENTS' VIEWS REGARDING THEIR RELATIVE EFFECTIVENESS IN PUBLIC AND PRIVATE CASES INDICATED THAT, IN THEIR DUTY SOLICITOR ROLE, ATTORNEYS MAY NOT BE CONCERNED WITH THEIR EFFECTIVENESS. INSTEAD, THEY MAY SIMPLY ACT OUT A PREDEFINED ROLE, VIEWING OUTCOMES AS LARGELY BEYOND THEIR CONTROL. A REVIEW OF 43 DRUNK-DRIVING CASES FOUND THAT DUTY SOLICITORS SPENT CONSIDERABLY LESS TIME ON SUBMISSIONS IN MITIGATION OF PENALTY THAN DID PRIVATE SOLICITORS AND POLICE PROSECUTORS. THE DUTY SOLICITOR SCHEME MAY BE PROVIDING THE ILLUSION OF REPRESENTATION WITHOUT THE SUBSTANCE. SUPPORTING DATA ARE INCLUDED. (LKM)