NCJ Number
16262
Date Published
1971
Length
0 pages
Annotation
SUPPORTING EVIDENCE AND THE PROBLEM OF THE DEFENDANT WITHOUT LEGAL REPRESENTATION, A DISCUSSION OF LEGAL AID CRITERIA, SUGGESTIONS FOR IMPROVING COMMUNICATION ABOUT LEGAL AID, AND RECOMMENDED PROCEDURAL CHANGES.
Abstract
THE BRITISH MAGISTRATE SYSTEM, WHICH ALLOWS A LARGE MAJORITY OF DEFENDANTS TO APPEAR UNREPRESENTED BEFORE THE COURT IS DESCRIBED. CERTAIN CRITERIA WERE ESTABLISHED IN 1966 BY THE WIDGERY COMMITTEE TO DETERMINE WHEN A GRANT OF LEGAL AID FOR DEFENDANTS MAY BE APPROPRIATE. THESE INCLUDED CASES IN WHICH THE CHARGE IS SERIOUS, IN WHICH A SUBSTANTIAL QUESTION OF LAW IS RAISED, OR IN WHICH THE DEFENDANT IS UNABLE TO STATE HIS OWN CASE. THE AUTHORS STATE THAT THE LEGAL AID SYSTEM IS NOT WORKING THE WAY THE WIDGERY COMMITTEE INTENDED. METHODS TO MORE SUCCESSFULLY IMPLEMENT THESE CRITERIA ARE CONSIDERED, AND IT IS CONCLUDED THAT THERE IS NO ALTERNATIVE TO THE ADOPTION OF A SYSTEM OF 'DUTY SOLICITORS' IN WHICH FREE LEGAL ADVICE IS PROVIDED BY A SOLICITOR BEFORE TRIAL. SUGGESTIONS ARE MADE FOR IMPROVING THE METHODS OF COMMUNICATING INFORMATION ABOUT LEGAL AID TO DEFENDANTS. RECOMMENDATIONS FOR CHANGES IN PROCEDURE DESIGNED TO ASSIST THE DEFENDANT WHO REMAINS UNREPRESENTED ARE ALSO INCLUDED.