A client is only permitted to take advantage of duty solicitor assistance on one occasion in respect to each matter charged.
This contrasts with the right to advice from the duty solicitor whilst at the police station, which applies irrespective of what the alleged offence may be, and will last for the duration of any investigation.
In England and Wales, there is a chronic shortage of duty solicitors, with nearly half of them being over 50 and due to retire soon, according to the Law Society in 2018.
The duty counsel is paid by an agency of the provincial government (for example, Legal Aid Ontario) who provides limited legal services in criminal, family law and child protection matters to people who are currently under arrest, or who arrive at court without representation, mainly in the Ontario Court of Justice.
The Duty Counsel lawyer is often the first point of contact for legal advice provided to a detained or arrested individual.
Duty Counsel lawyers may serve as the arrested person's representative to the court on an ad-hoc basis, unless the accused has secured other legal advice.
Legal Aid Ontario employs both staff, and per diem lawyers (private bar members who work part-time) as duty counsel.
[10][11][12][13] The United States and Brazil employ a public defender system with nearly identical duties, representing an indigent client from custodial questioning, to charge, trial, sentence, and appeal.