DOCSLIB.ORG

Maximizing the Federal Investment in Criminal Legal Aid

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Maximizing the Federal Investment in Criminal Legal Aid MAXIMIZING THE FEDERAL INVESTMENT IN CRIMINAL LEGAL AID Prepared by: Prairie Research Associates Presented to: Legal Aid Directorate Department of Justice Canada 2014 The views expressed in this report are those of the authors and do not necessarily represent the views of the Department of Justice Canada. • Information contained in this publication or product may be reproduced, in part or in whole, and by any means, for personal or public non-commercial purposes, without charge or further permission, unless otherwise specified. • You are asked to: - exercise due diligence in ensuring the accuracy of the materials reproduced; - indicate both the complete title of the materials reproduced, as well as the author organization; and - indicate that the reproduction is a copy of an official work that is published by the Government of Canada and that the reproduction has not been produced in affiliation with, or with the endorsement of the Government of Canada. • Commercial reproduction and distribution is prohibited except with written permission from the Department of Justice Canada. For more information, please contact the Department of Justice Canada at: www.justice.gc.ca . ©Her Majesty the Queen in Right of Canada, represented by the Minister of Justice and Attorney General of Canada, 2014 Cat. No. J2-406/2014E-PDF ISBN 978-1-100-25269-8 Table of Contents 1.0 Introduction ......................................................................................................................... 1 2.0 Approach ............................................................................................................................. 2 2.1 Document review and literature review .................................................................... 2 2.2 Interviews .................................................................................................................. 3 2.3 Interpretation of results ............................................................................................. 3 3.0 Context for study................................................................................................................. 4 3.1 Benefits of criminal legal aid .................................................................................... 4 3.2 Current pressures facing legal aid ............................................................................. 6 4.0 Current innovations and best practices ............................................................................... 8 4.1 Accessibility .............................................................................................................. 8 4.2 Effectiveness ........................................................................................................... 11 4.3 Efficiency ................................................................................................................ 21 4.4 Accountability ......................................................................................................... 32 5.0 Approaches to change ....................................................................................................... 36 6.0 Federal role ....................................................................................................................... 38 7.0 Summary ........................................................................................................................... 39 References ..................................................................................................................................... 40 Appendix A – Document and literature review template Appendix B – Compendium of best practices and innovations for improving efficiency and access to justice in criminal legal aid, 2007-08 to present Appendix C – Criminal legal aid in Australia, New Zealand, England/Wales, and Scotland Table of Acronyms CBA Canadian Bar Association CCM Criminal Case Management CRU Criminal Resolution Unit CSC Client Service Centre CSJ Commission des services juridiques EDC Enhanced duty counsel FSDC Full-service duty counsel HUOS Heavy Users of Service JOT Justice on Target KPI Key performance indicator LAA Legal Aid Alberta LAM Legal Aid Manitoba LAO Legal Aid Ontario LAS Legal Aid Saskatchewan LIOW Legal Information Outreach Workers LSB-NWT Legal Services Board of the Northwest Territories LSC Legal Services Centres LSS Legal Services Society of British Columbia MAG Ministry of the Attorney General MHS Mental Health Strategy NBLASC New Brunswick Legal Aid Services Commission NLLAC Newfoundland and Labrador Legal Aid Commission NLSB Legal Services Board of Nunavut NPA National Partnership Agreement NSLA Nova Scotia Legal Aid PEI LA Prince Edward Island Legal Aid PLEI Public legal education and information PWG Federal–Provincial–Territorial Permanent Working Group on Legal Aid SFET Simplified Financial Eligibility Test SOAP Simplified Online Application Portal YCDO Youth Criminal Defence Office YLSS Yukon Legal Services Society 1 1.0 Introduction The purpose of this study was to explore and identify innovations/best practices in criminal legal aid that will enable the federal government to maximize its investment in criminal legal aid and help ensure that Canada’s system of justice remains accessible, efficient, and fair, particularly for economically-disadvantaged Canadians. The innovations/best practices can include efforts to promote greater efficiency (e.g., streamlining processes; reducing costs in some areas through use of new technology or using other legal practitioners or professionals to deliver services; enabling people to assist themselves for simple matters), or improved access to justice by increasing the scope, accessibility, and quality of criminal legal aid services. The study focused on the federal investment in criminal legal aid. However, innovations/best practices that did not directly address criminal legal aid but promoted more effective, accessible, and efficient legal aid service delivery and operations, regardless of the type of legal aid, were also considered relevant to this study. In October 2013, Justice Canada established a Deputy Minister Advisory Panel (the Advisory Panel) comprised of a cross-section of experts from the health, economic, and justice sectors. Based on their respective areas of expertise, Panel members were expected to provide guidance with respect to the research, contribute to an analysis of the research findings, and, based on the research findings, provide advice and input to the Deputy Minister regarding innovations, best practices, and efficiencies in criminal legal aid that will contribute to maximizing the federal investment. The research results were intended to be used to inform the work of the Advisory Panel in advising the Deputy Minister on the development of a path forward to maximizing the federal investment in criminal legal aid. 2 2.0 Approach Two methods of data collection were used to support this study: a document and literature review, and key informant interviews. 2.1 Document review and literature review The document and literature review component involved a literature search of innovative approaches used in delivering criminal legal aid, both domestically and internationally. The review focused on literature from 2007 to present. The literature relied on publicly-available materials located on the websites for each legal aid plan in Canada. To ensure that the literature review was systematic and gathered comparable information from all legal aid plans, a template was used (see Appendix A). The resulting compendium of innovations/best practices within Canada is found in Appendix B.1 The international literature on innovations/best practices in legal aid focused on Australia, New Zealand, England/Wales, Scotland, and the United States. Early in the study, it was determined that the fragmented nature of the provision of legal aid in the United States made a literature review unfeasible; instead, interviews were conducted with individuals identified by an access to justice expert in the United States, who is also a member of the Advisory Panel, and a “snowball” technique was used to identify additional interviewees (i.e., innovative service providers identified by interviewees were also interviewed). Reports based on publicly-available literature on criminal legal aid in Australia, New Zealand, and England/Wales and Scotland are found in Appendix C. The study also included a review of the law practice management literature. This body of literature tends to focus on the private sector legal practice, rather than public sector law or, like many legal aid plans, a mixed model of service delivery. However, the literature does provide some possible considerations for legal aid plans, and is discussed where relevant. 1 “Best practices” is used because it is common terminology in environmental scans (e.g., best practices and lessons learned). However, because there is little evidence of relative impact of the innovations and some of them are quite recent, the compendium might be considered a list of promising practices. 3 2.2 Interviews Interviews were conducted with representatives of the Federal–Provincial–Territorial Permanent Working Group on Legal Aid (PWG) and/or their designates,2 Justice Canada officials, young Canadian lawyers with criminal legal aid experience,3 and international legal aid service providers. Interview guides tailored to each category were developed in consultation with Justice Canada’s Legal Aid Directorate.
Load more

Recommended publications
  • The Public Defence Solicitor Experiment
    Does mode of delivery make a difference to criminal case outcomes and clients' satisfaction? The public defence solicitor experiment Cyrus Tata, Tamara Goriely, Paul McCrone, Peter Duff, Martin Knapp, Alistair Henry, Becki Lancaster, Avrom Sherr Among UK criminal lawyers few subjects tend to give vent to as much passionate debate as the introduction of public defence solicitors. Although the public defender pilot has only recently begun in England and Wales, north of the border in Scotland the evaluation of the public defence experiment has recently been completed. This article explains some of the key findings on case outcomes achieved by “private” and “public” defence solicitors for similar cases; and also in terms of client satisfaction. In so doing, the research also raises broader questions about summary justice. Overview Over the last 25 years there has been increasing scholarly and official concern in the UK about the cost effectiveness and quality of publicly funded criminal defence services. Since the 1990s it has been the policy of governments in both Scotland and in England and Wales to confront apparent problems in the “judicare” system. In England and Wales a key policy, rolled out nationally in 2001, has been the use of contracting in which publicly funded criminal defence services can only be provided *Crim. L.R. 121 by private solicitors operating under contracts in which specified minimum quality standards are met. Alongside the policy of “contracting” private firms of solicitors, since May 2001 the government of England and Wales has opened eight Public Defender Offices in a mixed system of delivery as part of a four-year study.
    [Show full text]
  • The Context of the Public Defender Service in England and Wales and Research Methodology 1
    EVALUATION OF THE PUBLIC DEFENDER SERVICE IN ENGLAND AND WALES by Lee Bridges, Ed Cape, Paul Fenn, Anona Mitchell, Richard Moorhead and Avrom Sherr with the assistance of Alan Paterson, Margaret Robinson, Peta Sweet, Simon Thomson and Clair Wilkins i 2007 Copyright Lee Bridges, Ed Cape, Richard Moorhead and Avrom Sherr ii Table of Contents Page Table of Tables vii Table of Figures xv Preface xvii Outline of Contents of Report xix Chapter 1 The Context of the Public Defender Service in England and Wales and Research Methodology 1 The Policy Context of the PDS 1 The Setting up of the PDS 4 Development of the Research 21 Conclusions 28 2 The Nature of Clients and Caseloads 31 Social Characteristics of Clients 32 Source of Clients 40 Criminal Histories of Clients 42 Offence Characteristics and Profiles 63 Conclusions 82 3 Case Processing and Outcomes 85 Case Processing in Investigation Cases 85 Outcomes of Investigation Stage 91 Case Processing in Court Proceedings 96 Outcomes in Proceedings Cases 106 Conclusions 117 4 Evaluation of Quality through Peer Review 119 Methodology and Presentation 119 iii Overall Performance 123 Performance on Specific Criteria 127 The File 127 Communication and Timeliness 137 Fact Gathering 145 Advice and Assistance 154 The Work/Assistance 162 Efficiency 173 Ethics 176 Conclusions 178 5 Costs of Public Defender Offices 181 Time Spent on Cases 183 Staffing and Utilisation of Staff Time in PDOs 188 Costs of the Public Defender Offices 195 The Cost of PDO Time 204 Comparison of Costs between PDOs and Private Practice
    [Show full text]
  • Legal Aid Research Series
    SERVING CANADIANS LEGAL AID RESEARCH SERIES A REVIEW OF BRYDGES DUTY COUNSEL SERVICES IN CANADA A REVIEW OF BRYDGES DUTY COUNSEL SERVICES IN CANADA rr03LARS-4e Department of Justice Canada Programs Branch Research and Statistics Division September 2002 The views expressed in this report are those of the authors and do not necessarily reflect the views of the Department of Justice Canada. TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................i 1.0 INTRODUCTION......................................................................................................................................1 2.0 THE BRYDGES DECISION AND THE RIGHT TO COUNSEL: A REVIEW OF THE CASE LAW..........3 2.1 Introduction: The Brydges Decision.................................................................................................3 2.2 Subsequent Decisions Of The Supreme Court Of Canada .............................................................4 2.3 Decisions Of The Provincial Appellate Courts...............................................................................10 3.0 THE MIRANDA CAUTION IN THE UNITED STATES: AMERICAN EXPERIENCE WITH THE MODEL ADOPTED BY THE SUPREME COURT OF CANADA IN THE BRYDGES CASE...............33 3.1 Introduction ...................................................................................................................................33 3.2 The Miranda Decision ...................................................................................................................33
    [Show full text]
  • Lawyer at the Police Station Door: How REPLACE Provides Legal Aid in Nigeria Introduction
    Lawyer at the Police Station Door: How REPLACE Provides Legal Aid in Nigeria Introduction In Nigeria’s jails, around seven out of every ten prisoners have not been convicted. They are in pretrial detention, waiting for a trial date—a wait that can stretch from days to months to years in some cases. Most are too poor to afford “the three B’s” of Nigeria’s criminal justice system: bail, bribe, or barrister. Many of these pretrial detainees are held over minor offences that should allow them to be released pending trial. Others will languish behind bars for long periods of time before fi nally being tried and found innocent. Nigeria’s offi cial legal aid scheme offers some help, but it is woefully underfunded and understaffed. The result is an excessive use of pretrial detention that wastes human lives and perverts and undermines Nigeria’s criminal justice system. In 2004, Nigeria’s Legal Aid Council and the Open Society Justice Initiative began a joint project to address the overuse of pretrial detention. In 2006, Nigeria’s Rights Enforcement and Public Law Centre (REPLACE) became the main implementing Pretrial Justice in Nigeria: partner for the project, which set out to demonstrate that things can be different. The central element of the project, the Police Duty Solicitors Scheme (PDSS), sought to Dysfunctional System, Broken Lives reduce the excessive use of pretrial detention by providing free legal advice to suspects Nigeria’s criminal justice system comprises a complicated mix of federal, state, and at police stations—the point at which the decision to detain or to release pending trial local authorities, many of which overlap.
    [Show full text]
  • Legal Aid Research Series
    SERVING CANADIANS LEGAL AID RESEARCH SERIES A REVIEW OF BRYDGES DUTY COUNSEL SERVICES IN CANADA A Review of Brydges Duty Counsel Services in Canada Simon Verdun-Jones and Adamira Tijerino Department of Justice Canada Research and Statistics Division rr03-la4e The views expressed in this report are those of the authors and do not necessarily reflect the views of the Department of Justice Canada. TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................i 1.0 INTRODUCTION......................................................................................................................................1 2.0 THE BRYDGES DECISION AND THE RIGHT TO COUNSEL: A REVIEW OF THE CASE LAW..........3 2.1 Introduction: The Brydges Decision.................................................................................................3 2.2 Subsequent Decisions Of The Supreme Court Of Canada .............................................................4 2.3 Decisions Of The Provincial Appellate Courts...............................................................................10 3.0 THE MIRANDA CAUTION IN THE UNITED STATES: AMERICAN EXPERIENCE WITH THE MODEL ADOPTED BY THE SUPREME COURT OF CANADA IN THE BRYDGES CASE...............33 3.1 Introduction ...................................................................................................................................33 3.2 The Miranda Decision ...................................................................................................................33
    [Show full text]
  • Articles the Right to Access to a Lawyer at Police
    ARTICLES THE RIGHT TO ACCESS TO A LAWYER AT POLICE STATIONS Making the European Union Directive Work in Practice Ed Cape* and Jacqueline Hodgson** ABSTRACT Recent EU Directives provide for a range of procedural protections for suspects and accused persons, going beyond the more broadly articulated standards set out in the European Convention of Human Rights. Th ese reforms are to be welcomed, but their implementation poses a range of challenges for Member States. Drawing on recent empirical research, this article focuses on one measure, the right to legal assistance during police custody. It discusses the range of complex and oft en inter-related factors that operate to help or to hinder the process of ensuring that the right is ‘practical and eff ective’ and not merely ‘theoretical and illusory’. Member States do not share a common procedural tradition and alongside ensuring suffi cient fi nancial and human resources, eff ective implementation will require shift s in the legal and occupational cultures of police, prosecutors and the criminal bar. Keywords: defence; police custody; procedural rights; suspects 1. INTRODUCTION: THE EU ‘ROADMAP’ OF PROCEDURAL RIGHTS In 2009 the European Union (EU) adopted a programme of reform of procedural rights of suspects and accused persons in criminal proceedings, known as the procedural rights ‘roadmap’.1 In the context of extensive EU legislation regarding * University of the West of England, Bristol, UK. ** School of Law, University of Warwick, UK. 1 Roadmap with a view to fostering protection of suspect and accused persons in criminal proceedings, 1 July 2009, 11457/09 DROIPEN 53 COPEN 120.
    [Show full text]
  • Police Station Interviews
    POLICE STATION INTERVIEWS ADVICE AND INFORMATION FROM THE LAW SOCIETY OF SCOTLAND CONTENTS Introduction 1) Initial Contact 5) Advising the Suspect Prior to the Police (A.) Accepting Instructions Interview i) Accepting Instructions via Scottish (A.) Private Consultation with the Suspect Legal Aid Board Contact Line (B.) Assessing Fitness to be Interviewed ii) Accepting Instructions via Police (C.) Advice iii) Accepting Instructions via a Third (D.) Taking Instructions from the Client Party (E.) Preparing the Client for the Police iv) Accepting Instructions from the Interview Suspect (F.) Strategies the Solicitor May Wish to (B.) Determining Whether to Provide Consider Telephone Advice or Make a Personal Attendance 6) The Police Interview (C.) Informing Police of Intentions (A.) The Solicitor’s Role During the Police Interview 2) Preliminary Matters to be Considered (B.) Whether, and at What Point, to (A.) Acting for More than One Suspect Intervene During the Interview (B.) Determining Whether to Delegate (C.) Messages and Written Notes (D.) Exclusion from the Interview Process Responsibility (C.) Verification of Financial Eligibility 7) After the Police Interview (D.) What to Take to the Police Station (A.) Point of Departure (B.) Outcomes 3) Arrival and Initial Action at the Police Station 8) Additional Matters (A.) Pre-Interview Disclosure (A.) The Importance of Keeping a Comprehensive Record (B.) Access to the Suspect (B.) Detention Period (C.) Identification Parades (Non-Viper) 4) Client Welfare (D.) Searches and Samples (A.) Initial Assessment (E.) Terrorist Suspects (B.) Health of Suspect (F.) Suspects who are Members of the (C.) Suspects Requiring Interpreters Armed Forces (D.) Child Suspects (G.)Asylum Seekers (E.) Vulnerable Suspects INTRODUCTION This advice and information is for solicitors, who are called upon to provide representation, advice and assistance to suspects detained in police stations.
    [Show full text]
  • 2018 CLCNSW Directory.Pdf
    2018 Directory Community Compassion Justice What are Community Contents Legal Centres? What are Community Legal 2 Community legal centres (CLCs) are Centres? independent community organisations that provide access to legal services, What is Community Legal 3 with a particular focus on services Centres NSW? to disadvantaged and marginalised Using this Directory 4 people and communities and matters Frequently Asked Questions 6 in the public interest. (FAQs) Other Useful Services 8 CLCs have a distinctive role in the NSW community and legal sector by: Crisis Hotlines 10 • Providing general legal advice and Specialist Community Legal 12 assistance for socially and economically Centres disadvantaged people. This includes taking on strategic casework on matters that may Generalist Community Legal 26 affect many in the community; Centres • Addressing special areas or specific Suburb and Town Index 50 population groups through dedicated centres (e.g. tenancy, credit and debt, domestic and family violence); • Encouraging capacity building for people to develop skills for self-advocacy; and • Advocating for improved access to justice and more equitable laws and legal systems. There are currently 36 CLCs in NSW that are full members of the peak body, Community Legal Centres NSW (CLCNSW). CLCNSW also has several associate members who support the aims and objectives of the organisation. 2 2 Being members of this peak body means that CLCs are able to be accredited by the What is Community National Association of Community Legal Centres (NACLC), and bear the NACLC Legal Centres NSW? trademark. The NACLC trademark signifies that the organisations are committed to Community Legal Centre Service Standards, Risk Management Guidelines, community Community Legal Centres NSW involvement principles, and professional (CLCNSW) is the peak body standards for CLCs.
    [Show full text]
  • First Report an Examination of the Feasibility of Introducing a Public
    Criminal Legal Aid Review Committee First Report An Examination of the Feasibility of Introducing a Public Defender System for Ireland October, 1999 BAILE A THA CLIATH ARNA FHOILSIU AG OIFIG AN tSOLA THAIR Le ceannach dõÂreach oÂn OIFIG DHIÂOLTA FOILSEACHA N RIALTAIS, TEACH SUN ALLIANCE, SRA ID THEACH LAIGHEAN, BAILE A THA CLIATH 2, no trõÂd an bpost o FOILSEACHA IN RIALTAIS, AN RANNO G POST-TRA CHTA, 4-5BOÂTHAR FHEARCHAIR, BAILE A THA CLIATH 2, (Teil: 01 - 6476834/35/36/37; Fax: 01 - 4752760) no trõ aon dõÂolto ir leabhar. ÐÐÐÐÐÐ DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased directly from the GOVERNMENT PUBLICATIONS SALE OFFICE, SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2, or by mail order from GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION, 4 - 5 HARCOURT ROAD, DUBLIN 2, (Tel: 01 - 6476834/35/36/37; Fax: 01 - 4752760) or through any bookseller. ÐÐÐÐÐÐ £6.00 \7.62 Government of Ireland 2000 Criminal Legal Aid Review Committee 1997-99 His Honour Judge Gerard Buchanan, Chairperson Judge David Riordan, Judge of the District Court Ms. Elizabeth Agnew, Civil Legal Aid Board Mr. Jim Cahill, County Registrar, Laois *Mr. Brian Fitzpatrick, Department of Justice, Equality and Law Reform Ms. Finola Flanagan, Office of the Attorney General Mr. Niall Lombard, Office of the Director Of Public Prosecutions Mr. James Mac Guill, The Law Society Mr. Noel McNaboe, District Court Clerk, Dublin Mr. Patrick Marrinan, BL, The Bar Council Mr. Kevin Matthews, Office of the Chief State Solicitor **Mr. Jim O'Farrell, Department of Finance Mr. Pearse Rayel, former Chief Executive of the Legal Aid Board Mr.
    [Show full text]
  • The Law Handbook YOUR PRACTICAL GUIDE to the LAW in NEW SOUTH WALES
    The Law Handbook YOUR PRACTICAL GUIDE TO THE LAW IN NEW SOUTH WALES 15th EDITION REDFERN LEGAL CENTRE PUBLISHING 01_Title_piii-iii.indd 3 28-Nov-19 08:08:13 Published in Sydney by Thomson Reuters (Professional) Australia Limited ABN 64 058 914 668 19 Harris Street, Pyrmont NSW 2009 First edition published by Redfern Legal Centre as The Legal Resources Book (NSW) in 1978. First published as The Law Handbook in 1983 Second edition 1986 Third edition 1988 Fourth edition 1991 Fifth edition 1995 Sixth edition 1997 Seventh edition 1999 Eighth edition 2002 Ninth edition 2004 Tenth edition 2007 Eleventh edition 2009 Twelfth edition 2012 Thirteenth edition 2014 Fourteenth edition 2016 Fifteenth edition 2019 Note to readers: While every effort has been made to ensure the information in this book is as up to date and as accurate as possible, the law is complex and constantly changing and readers are advised to seek expert advice when faced with specific problems. The Law Handbook is intended as a guide to the law and should not be used as a substitute for legal advice. ISBN: 9780455243689 © 2020 Thomson Reuters (Professional) Australia Limited asserts copyright in the compilation of the work and the authors assert copyright in their individual chapters. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968, no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission.
    [Show full text]
  • Final Report
    Criminal Legal Aid Review Committee Final Report February, 2002 BAILE A´ THA CLIATH ARNA FHOILSIU´ AG OIFIG AN tSOLA´ THAIR Le ceannach dı´reach o´ n OIFIG DHI´OLTA FOILSEACHA´ N RIALTAIS, TEACH SUN ALLIANCE, SRA´ ID THEACH LAIGHEAN, BAILE A´ THA CLIATH 2, no´ trı´d an bpost o´ FOILSEACHA´ IN RIALTAIS, AN RANNO´ G POST-TRA´ CHTA, 51 FAICHE STIABHNA, BAILE A´ THA CLIATH 2, (Teil: 01 - 6476834/35/36/37; Fax: 01 - 6476843) no´ trı´ aon dı´olto´ ir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased directly from the GOVERNMENT PUBLICATIONS SALE OFFICE, SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2, or by mail order from GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION, 51 ST. STEPHEN’S GREEN, DUBLIN 2, (Tel: 01 - 6476834/35/36/37; Fax: 01 - 6476843) or through any bookseller. —————— \10.00 Government of Ireland 2002 Criminal Legal Aid Review Committee 1997-2001 His Honour Judge Gerard Buchanan, Chairperson Judge David Riordan, Judge of the District Court Mr. Jim Cahill, County Registrar, Laois *Mr. John Cronin, Department of Justice, Equality and Law Reform Ms. Finola Flanagan, Director-General, Office of the Attorney General Mr. Niall Lombard, Office of the Director Of Public Prosecutions Mr. James Mac Guill, The Law Society Mr. Noel McNaboe, Courts Service Mr. Patrick Marrinan, SC, The Bar Council Mr. Kevin Matthews, Office of the Chief State Solicitor Mr. Jim O’Farrell, Department of Finance Mr. Pearse Rayel, former Chief Executive of the Legal Aid Board Ms. Clare Kelly, Legal Aid Board Mr. Sean Murphy, Secretary, Department of Justice, Equality and Law Reform Former members of the Committee * Ms.
    [Show full text]
  • 2010 Standard Crime Contract: Specification Part B
    2010 Standard Crime Contract - Specification PART B – SPECIFIC PROVISIONS ON CLASSES AND UNITS OF WORK 9 CRIMINAL INVESTIGATIONS Work conducted at the Police Station: Police Station Advice and Assistance Scope 9.1 You may provide Police Station Advice and Assistance under this Unit of Work to a Client (including a Volunteer) as Own Solicitor or Police Station Duty Solicitor during a Criminal Investigation, unless the Matter is a Criminal Defence Direct Matter which is excluded from the scope of this Specification (see Paragraphs 9.8 to 9.13). 9.2 You must not include in your Claim for Police Station attendance for an ineffective bail to return if you did not check prior to the attendance to establish whether it would be effective. Witnesses 9.3 You can only provide Advice and Assistance to a witness if there is a complicating factor (as set out in the Contract Guide). 9.4 Providing Advice and Assistance to a witness may only be claimed as Free Standing Advice and Assistance under Paragraphs 9.117 to 9.144, and not under the Police Station Advice and Assistance Fixed Fee Scheme. Complaints of maltreatment by the police 9.5 Complaints of maltreatment by the police should be dealt with as part of the general advice on the overall case, and no separate Fixed Fee may be claimed for providing such advice. 9.6 The only time a separate determination that an individual qualifies for Free Standing Advice and Assistance under Paragraphs 9.117 to 9.144 may be made (in addition to advice provided under this Unit of Work) is where the nature of the complaint raises a serious and proper issue which cannot be dealt with within the context of the general criminal advice being given.
    [Show full text]