A Scope of the Duty Counsel Scheme
Suspects also have rights under the Constitution of Trinidad and Tobago. Borne out of necessity, the Duty Counsel Scheme was introduced on 3rd May 2012 as a mechanism under the supervision of the Legal Aid and Advisory Authority to protect the Constitutional rights of juveniles suspected of committing any offence and adult offenders who are detained by the police on suspicion of having committed the offence of murder.
Minors (persons under the age of eighteen years) are one of the most vulnerable groups in our society and their rights must be protected from the moment they become exposed to the criminal justice system. The purpose of the Duty Counsel Scheme is to make our local laws compatible with international obligations which include obligations under the United Nations Convention on the Rights of the Child, to which we are a party. Article 37(d) of the United Nations Convention on the Rights of the Child states “Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.” This free legal service will go a long way towards bridging the gap in legal representation to minors and other categories of persons who require legal representation at the time of detention.
Who is a Duty Counsel?
A Duty Counsel is an Attorney-at-Law whose name is entered on the Duty Counsel panel after having made the necessary application to do so through the Legal Aid and Advisory Authority.
What is the general role of a Duty Counsel?
The role of a Duty Counsel entails meeting with the detained suspect at the place of detention or police station to obtain instructions, advising them of their legal rights and obligations and providing legal representation at the first court hearing if the suspect is charged. The Duty Counsel may also make an application for bail on behalf of the suspect at the first hearing.
When does the role of a Duty Counsel cease?
The role of a Duty Counsel ceases in the following circumstances:- (1) when the suspect has hired an Attorney-at-Law privately to have conduct of their matter; (2) when the Duty Counsel is granted permission to do so after expressing their intention to discontinue their services in writing; (3) where the suspect is released without being charged; and (4) where the suspect is charged and has been granted legal aid.
How does the Duty Counsel Scheme operate?
The Duty Counsel Scheme comes into operation when the suspect is detained at the place of detention or police station. The Duty Counsel Call Centre has been established under the Legal Aid and Advisory Authority and operates 24 hours a day, 7 days a week. As soon as an adult has been detained for murder or a minor has been detained for any offence the senior officer at the police station must immediately contact the Duty Counsel Call Centre and inform them of the detention of the suspect. The police officer would provide key information such as name of investigating officer, contact number of the Police Station, name, address and age of suspect, together with the nature of the alleged offence committed. This information would be transmitted to the assigned Duty Counsel Attorney.
The Call Centre Associate upon receiving the call then logs the information provided as well as the time the call was placed to the Duty Counsel Call Centre. The Call Centre Associate then contacts a Duty Counsel based on the district (area) of the police station. The Call Centre Associate then notifies the police officer of the Duty Counsel who has been assigned to the matter.
What does the Duty Counsel do at the police station?
Upon arrival at the police station, some of the key functions for the Duty Counsel will be to provide advice.
- Ask to speak with the detained person in a private space.
- Advice based on the information provided by the police.
- Advise on person’s rights in law (including that of the right to silence)
- Advice based on the information provided by the suspect.
- Ascertain defences if any.
- Advise on plea bargaining options.
- Fill out the alibi form if an alibi exists.
- Advise on what are the steps that accompany a charge.
- Advise what happens at the first hearing inclusive of bail.
- Communicate with the police and the family of the detained person as to whether a charge will be laid.
Submitted by: Naomi Kaseram
Civil Legal Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email: [email protected]