The Magistrate’s Court has a Duty Advocate scheme which is available on first appearance for youths (defendants than 18 years old) and/or defendants refused Police / Centenier Bail and therefore appearing from custody. The Duty Advocate scheme is free of charge.

If your case is not dealt with on your first court appearance, the Court may require that you seek an Advocate operating under the Legal Aid scheme to represent you. Whether you are eligible for Legal Aid will depend on the charge you face and your financial circumstances. See www.legalaid.je for guidance and an application form.

If you have been taken into the Police Station, you will be offered a phone call to the Duty Lawyer from Police Custody before you are interviewed by the Police. For some more serious offences, the Duty Lawyer will attend the station in person.

Right to Legal Representation

In the UK you have the right to see a lawyer but in Jersey you may be required to pay some or all of the advocate’s fees depending on your financial circumstances.

An Advocate in Jersey is the same as a lawyer in the UK. An Advocate does not have to agree to represent you and if they do, they can withdraw at any time if they are professionally embarrassed or conflicted, e.g. the evidence is clear but you will not follow the advice.

Advocate’s right to refuse to act for a client

If your Advocate does not wish to carry on working for you, there is nothing to stop them from doing so. The Royal Court does not have the power to order an Advocate to carry on if they don’t want to.