THE FOUR-FOLD DUTY OF THE COURT

Category: Criminal Procedure

THE FOUR-FOLD DUTY OF THE COURT

1.    It  must  inform  the  defendant  that  he  has  a  right  to  an  attorney before being arraigned

2.    After  informing  him,  the  court  must  ask  the  defendant  if  he desires to have the aid of an attorney

3.    If he desires and is unable to employ an attorney, the court must assign an attorney de officio to defend him

4.    If the accused desires to procure an attorney of his own, the court must grant him a reasonable time to procure one

WHAT IS THE REASON FOR THE FOUR-FOLD DUTY?

>     The right to be heard would be of little avail if it doesn’t  include the right to be heard by counsel
 

WHAT IS THE EFFECT OF THE FAILURE OF THE COURT TO COMPLY WITH THESE DUTIES?

>     It is a violation of due process