If you plead not guilty, the court will give you a date when you must return for your trial. The duty lawyer cannot represent you at your trial, however, they can confirm whether you have a defence to the charge and can explain the trial process to you.
Well before your trial date, you should consider organising a private lawyer to represent you at your trial or you should apply for legal aid. If you will be representing yourself you should get advice about your defence and the trial process as early as possible. For more information see Pleading not guilty in the Magistrates Court.
Are there any other occasions when a duty lawyer cannot help me?
The duty lawyer cannot represent you at hearings where evidence is to be presented and considered by the court, such as hearings to:
determine facts for sentencing, or
set aside bail.
The duty lawyer cannot represent you for applications that may require evidence to be presented and considered by the court, such as applications for:
an extraordinary drivers licence
a restraining order
a prohibitive behaviour order
an impounding or confiscation order for your vehicle
a forfeiture of surety
an order to set aside your licence suspension for non-payment of a fine or infringement.
However, if time permits, the duty lawyer may be able to provide you with advice about representing yourself in relation to such applications. You can also get information from these web pages: Extraordinary driver's licence applications and Licence suspension order for non-payment of a fine or infringement.
Further, a duty lawyer cannot advise or represent you in relation to the following matters:
responding to an application for a violence restraining order
taxation prosecutions
shire prosecutions (other than prosecutions under the Dog Act 1976 (WA))
prosecutions brought by government agencies or regulatory or incorporated bodies (other than prosecutions under the Animal Welfare Act 2002 (WA)).
Is there a duty lawyer at every Magistrates Court and Children's Court?
While there is a duty lawyer available at most Magistrates and Children's Court locations, they are not available at every location and may not be present every day.
If you are appearing in a Perth or metropolitan court and your matter is listed in a court that deals only with traffic offences, there may not be a duty lawyer available at any time in that court. In this case, if your matter is particularly serious or complicated, the court may agree to transfer your case to the general court list so that you will have access to the duty lawyer service.
To check whether a duty lawyer will be present on the date and at the particular court you will be attending, contact the court registry before your appearance.
Contact details for Magistrates and Children's Courts may be found under Court locations on the Department of the Attorney General's website.
When can I see a duty lawyer?
You can see a duty lawyer on the morning of your court appearance. You should attend the court and ask to see the duty lawyer well before the time noted for your appearance in court.
The duty lawyer is usually in attendance from 9am and sees people on a 'first come, first served' basis. You should try to get to court by 8:30am. If you arrive after 10am, you may be too late to see the duty lawyer. If you are appearing in court in the afternoon, a duty lawyer will not usually be available.
Can I see a duty lawyer if I am in custody?
If you are in custody and you are appearing in the Magistrates Court in person, you can see the duty lawyer at court on the morning of your appearance. If you are appearing over video link from prison, you can speak to the duty lawyer by telephone on the morning of your court appearance. You should let the prison staff or court custody staff know that you want to speak to the duty lawyer and they will arrange this for you.
If you are appearing in the Children's Court either as an adult or a juvenile, you should ensure that you see the duty lawyer before you are taken into court. The custody staff will arrange this for you.
You should speak to the duty lawyer if you do not already have a lawyer representing you.
If you are a sentenced prisoner or you are in a remand or detention centre and need legal advice before your court date, you should contact the Legal Aid WA InfoLine on the dedicated number available to you through the prison or detention centre you are in. You should do this well before your court date.
How much does it cost to see the duty lawyer?
You will be charged $20 to see the duty lawyer in the Magistrates Court. The fee is only $5 if you are in receipt of social security benefits and this may be waived completely in cases of financial hardship. There is no charge if you are in custody or if you see the duty lawyer in the Children's Court.
Well before your trial date, you should consider organising a private lawyer to represent you at your trial or you should apply for legal aid. If you will be representing yourself you should get advice about your defence and the trial process as early as possible. For more information see Pleading not guilty in the Magistrates Court.
Are there any other occasions when a duty lawyer cannot help me?
The duty lawyer cannot represent you at hearings where evidence is to be presented and considered by the court, such as hearings to:determine facts for sentencing, or
set aside bail.
The duty lawyer cannot represent you for applications that may require evidence to be presented and considered by the court, such as applications for:
an extraordinary drivers licence
a restraining order
a prohibitive behaviour order
an impounding or confiscation order for your vehicle
a forfeiture of surety
an order to set aside your licence suspension for non-payment of a fine or infringement.
However, if time permits, the duty lawyer may be able to provide you with advice about representing yourself in relation to such applications. You can also get information from these web pages: Extraordinary driver's licence applications and Licence suspension order for non-payment of a fine or infringement.
Further, a duty lawyer cannot advise or represent you in relation to the following matters:
responding to an application for a violence restraining order
taxation prosecutions
shire prosecutions (other than prosecutions under the Dog Act 1976 (WA))
prosecutions brought by government agencies or regulatory or incorporated bodies (other than prosecutions under the Animal Welfare Act 2002 (WA)).
Is there a duty lawyer at every Magistrates Court and Children's Court?
While there is a duty lawyer available at most Magistrates and Children's Court locations, they are not available at every location and may not be present every day.
If you are appearing in a Perth or metropolitan court and your matter is listed in a court that deals only with traffic offences, there may not be a duty lawyer available at any time in that court. In this case, if your matter is particularly serious or complicated, the court may agree to transfer your case to the general court list so that you will have access to the duty lawyer service.
To check whether a duty lawyer will be present on the date and at the particular court you will be attending, contact the court registry before your appearance.
Contact details for Magistrates and Children's Courts may be found under Court locations on the Department of the Attorney General's website.
When can I see a duty lawyer?
You can see a duty lawyer on the morning of your court appearance. You should attend the court and ask to see the duty lawyer well before the time noted for your appearance in court.
The duty lawyer is usually in attendance from 9am and sees people on a 'first come, first served' basis. You should try to get to court by 8:30am. If you arrive after 10am, you may be too late to see the duty lawyer. If you are appearing in court in the afternoon, a duty lawyer will not usually be available.
Can I see a duty lawyer if I am in custody?
If you are in custody and you are appearing in the Magistrates Court in person, you can see the duty lawyer at court on the morning of your appearance. If you are appearing over video link from prison, you can speak to the duty lawyer by telephone on the morning of your court appearance. You should let the prison staff or court custody staff know that you want to speak to the duty lawyer and they will arrange this for you.
If you are appearing in the Children's Court either as an adult or a juvenile, you should ensure that you see the duty lawyer before you are taken into court. The custody staff will arrange this for you.
You should speak to the duty lawyer if you do not already have a lawyer representing you.
If you are a sentenced prisoner or you are in a remand or detention centre and need legal advice before your court date, you should contact the Legal Aid WA InfoLine on the dedicated number available to you through the prison or detention centre you are in. You should do this well before your court date.
How much does it cost to see the duty lawyer?
You will be charged $20 to see the duty lawyer in the Magistrates Court. The fee is only $5 if you are in receipt of social security benefits and this may be waived completely in cases of financial hardship. There is no charge if you are in custody or if you see the duty lawyer in the Children's Court.
