When a defendant has been detained, what must that defendant be told, and at what moment does the duty to tell begin?
General information · Not legal advice
Material to check
In a practice file, we read the detention record showing when the defendant was detained, any paper setting out the gist of the charges that was handed over, and a note recording that the defendant was told counsel may be appointed.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties the whole duty to the detention itself: once the defendant has been detained, the gist of the charges and the fact that counsel may be appointed must be communicated without delay, and both parts belong to the same moment.
Another reading notes the provision is written in the passive voice, so it does not name the body that must give the notice, and it says nothing about the form of the notice, the detail the gist must have, or how soon 'immediately' runs after the detention.
Your judgment
If no notice paper appears in the file, what other record could show that the defendant was told the gist of the charges and about appointing counsel?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to name the body that must give the notice or to set its form, or if a court decision explains how soon after detention the notice must be given.