“DOCK DEFENCE”

Greymouth Evening Star, 9 August 1938, Page 7

“DOCK DEFENCE”

CHOOSING A BARRISTER

SYDNEY, July 26

The system of “dock defence” which prevails in England will be introduced for the first time in Sydney at the opening of the term of the Sydney Quarter Sessions next week. A circular has been issued by the New South Wales Bar Association to its members, requesting their co-operation in making the scheme a success. “Dock defence” means that any prisoner in custody awaiting trial in custody may “brief” counsel, if he can pay forthwith £l/3/6 in cash for this service. The prisoner is permitted to see only the backs of the array of counsel," and from these he selects one. to defend him at his trial. Members of the Bar, robed and seated, face the presiding judge, and when the prisoner selects one of them this barrister rises from his seat and walks to the dock to receive his £l/3/6 from the prisoner. Any prisoner who has not the money to pay “on the nail" is not allowed to participate in this form of legal aid. After the fee has been handed over, counsel requests an adjournment of the trial, so that he may obtain a copy of the depositions and prepare the defence of the prisoner. In all cases, civil or criminal, a barrister is not allowed to appear in court unless instructed by a solicitor, but in “dock defences" this rule is waived. Apart from the “dock defences.” prisoners without means will not necessarily be deprived of free legal aid. Under the Poor Prisoners Defence Act. when a prisoner is being committed for trial, the magistrate is bound to inform him that he can apply for free legal aid. It does not always follow that such an application will be granted, because the Legal Aid Department insists that a case must have some material merits before counsel is assigned by it. If legal assistance is required by the prisoner at the preliminary hearing, he must himself arrange to defray the cost.