What is Duty Counsel?
The Duty Counsel scheme was established under the Legal Aid and Advice Act Chap. 7:07 (‘the Act’), to provide legal representation for persons who are arrested on suspicion of committing a criminal offence. This service includes minors who have been detained on suspicion of having committed an offence (Section 4A(1)(a)) and adults who have been arrested for a capital offence or such other indictable offence (Section 4A(1)(b)).
“Duty Counsel” (Section 4A(2)) refers to an Attorney -at- Law who has made the necessary application addressed to the Director/Chairman of Legal Aid and Advisory Authority (‘the Authority’) for his or her name to be included in what is referred to as “The Duty Counsel Panel”. Upon inclusion, a Duty Counsel package will be sent to you with all the necessary forms that are required to be completed during and after the execution of your duties. It is recommended that copies of this package be made.
Duty Counsel came into effect on May 3rd 2012 as an amendment to the Act. This was done in an effort to alleviate the difficulties faced by suspects upon detention by law enforcement officials. The Authority has a 24-hour Call Centre service to facilitate the requirements of the Duty Counsel.
Duty Counsel Call Centre contact numbers:
638-5222 or 298-0495
How does the Duty Counsel system operate?
After a suspect has been arrested by a police officer and taken to a police station within the jurisdiction that the alleged offence was committed, the senior officer in charge of the station is required to place a call to the Duty Counsel Call Centre as soon as possible (Section 15B(1)). The Officer is to provide the Call Centre Associate with the following information:
- The name of the Police Officer placing the call, regimental number and rank;
- The name of the Senior Officer in charge of the Police Station at the time of the call;
- The contact number for the Police Station;
- The name of the suspect including their alias if any;
- The name of the Parent /Guardian if the alleged offender is a minor;
- The age of the suspect;
- The address of suspect;
- The nature of alleged offence committed;
- In the case of murder (the name of the deceased, the method of execution and the time of execution if known);
- The location of where the suspect is being detained;
- The date and time the suspect was arrested;
- The gender of the suspect; and
- The names of the investigating officers (Section 15B (1)(a)(b)(c)).
The Call Centre Associate upon receiving the call, 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 the Duty Counsel based on the district of the police station and the districts of interest expressed by Duty Counsel on the panel (Section 15B (2)).
The Call Centre Associate then notifies the police officer of the Duty Counsel who has been assigned to this matter (Section 15B (3)).
The names of the Duty Counsel are listed on the panel Duty Counsel to answer their phone and confirm their willingness to attend to the suspect at the Police Station in the particular district in which they are detained and attend the first Court hearing and ID parade/group identification for minors (if necessary) will usually be assigned.
A Duty Counsel Certificate in the form set out as Form 3 in the Third Schedule ([1] Section 15B (4), Form 3 Third Schedule) to the Act, will be issued by the Director/Chairman. This Certificate is sent to the suspect, the Duty Counsel, first Division officer and Commissioner of Police. However, a Duty Counsel may commence the provision of legal representation for a suspect before the said Certificate is issued (Section 15 B (7)). Where suspects are detained jointly for a non-capital offence, the Authority would usually assign no more than two (2) suspects per Duty Counsel. However, for all capital offences, the ratio of suspect to Duty Counsel is 1:1.
What are your responsibilities as a Duty Counsel?
- To arrive at the Police Station where the suspect is being detained soon after being informed of the particulars (by the Duty Counsel Call Centre Associate) to provide legal representation to the suspect;
- To advise the suspect detained of his/her legal rights;
- Be present while the suspect is being interviewed by the Police Officer;
- Complete an Attorney’s Report form and address it to the Director/Chairman;
- Ensure that the suspect completes the Suspect’s Report form;
- Ensures that the suspect completes the Certificate of Alibi form (where applicable);
- Sign the Certificate of alibi (where applicable);
- Complete the Certificate of Advice;
- To provide legal representation for the suspect for the first Court Hearing;
- To notify the Director in writing of the date on which he ceased to provide legal representation for a suspect under this section and the Director shall endorse the date on the relevant Duty Counsel Certificate (Section 15B (9)); and
- To make a request at any time for his name to be removed from the Duty Counsel Panel to the Director/ Chairman (Section 15B (9)).
If for the following reasons a Duty Counsel is no longer needed after expressing their willingness to provide legal representation to the suspect, a Certificate of Discharge of Duty Counsel Form must be signed and dated by the Suspect/Parent/Guardian and Duty Counsel. Circumstances in which this may arise are as follows:
- A private Attorney has been retained by the Suspect/Parent/Guardian;
- The Duty Counsel, with the leave of the Director, discontinues his service to the suspect;
- The suspect is released without being charged; and/or
- Where legal aid is granted to the suspect under the Legal Aid and Advice Act (Section 15B(2)).
How do I receive payment for services rendered under Duty Counsel?
It is the responsibility of the Duty Counsel to ensure that their requisition for fees (See Fourth Schedule) is accompanied by all (applicable) completed forms provided in the Duty Counsel Package.
Forms may be submitted to any District Office, after which they are forwarded to the LAAA Head Office in Port of Spain for processing. Once received, the information is reviewed, fees are calculated, and payment is authorized. If any discrepancies are identified, Duty Counsel will be contacted to resolve them
Requisitions for payment of fees can be placed in an envelope marked “Duty Counsel” and forwarded to:
Director/Chairman
Legal Aid and Advisory Authority
No. 23 Stanmore Avenue, Port of Spain