Criminal Procedure

DUTY OF THE COURT TO APPOINT COUNSEL DE OFFICIO DURING ARRAIGNMENT AND DURING TRIAL

WHAT IS THE DIFFERENCE BETWEEN THE DUTY OF THE COURT TO APPOINT   COUNSEL   DE   OFFICIO   DURING   ARRAIGNMENT   AND DURING TRIAL?

>     During arraignment, the  court has the affirmative duty to  inform the accused of his right to counsel and to provide him with one in case he cannot afford it

>     The court  must act  on its own volition unless the right is  waived by the accused

>     On the other hand, during trial, it is the accused who must asser this  right  to  counsel.    The  court  will  not  act  unless  the  accused invokes his rights.


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