Practitioners are concerned about the non-availability of duty solicitors in the county court for Anti-social Behaviour Injunctions (ASBIs), the Law Society has told the Legal Services Commission. In its response to the consultation on amendments to the general criminal contract, the Society said that, as ASBIs can result in prison sentences of up to two years, 'it is of some concern that where the defendant has no existing solicitor they may appear unrepresented in court'. The proceedings are civil in nature, and the Society said it would not be appropriate that criminal duty solicitors should cover them. It continued: 'One solution may be to extend all duty possession schemes to cover ASBIs, as these can in fact lead to people being deprived of their home through exclusion orders. There would probably need to be more formal arrangements with housing solicitors to cover breach hearings, akin to criminal duty solicitors. A different payment regime would be needed, however, as a single ASBI application can involve several hours of work and large quantities of paperwork. Solicitors are, therefore, unlikely to be willing to do this work for £80.'
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