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It's unfortunate, but there are always going to be those who are left out. Before the 14-hour rule there were solicitors living abroad, in other fields of law, in different careers all together, all who somehow appeared on the duty rotas. Indeed, the situation is only mildly better now - you still get self-employed barristers in chambers on the rotas, as well as solicitors who come out of the woodwork once a month for their duties.

A criminal legal aid solicitor who can only work in the evenings will only be able to cover police station work and litigate on files. They won't be able to cover court hearings, so why should they be allowed to be a court duty solicitor? I'm also in favour of adding, say, a trial requirement, so that duty solicitors have to do at least 4 trials a year, so that they can properly advise clients as to their chances at their first appearance.

Of course, the way to get around this would be to have a panel of local solicitors who knew who was a regular solicitor in the area, who had moved on, who had difficulties at home that required compassion, etc., and they could decide who was eligible to be a duty solicitor. Hang on a second...