With regard to minor offences in criminal proceedings, where legal assistance is not mandatory (oral hearings conducted by a simplified procedure carrying a fine corresponding to less than 6 months as penalty), the right to free legal aid exists.52 Spanish courts were already applying these criteria before the transposition of the Directive on legal aid took place: if the person requests free legal aid despite legal assistance not being compulsory, they are entitled as far as they lack sufficient resources, given that those simplified criminal procedures fall under the Directive on access to a lawyer.53 Practical implementation Eligibility requirements to receive legal aid. Every suspect or accused person can request a lawyer from the duty scheme. However, the legal assistance provided will not automatically be free of charge. For the service to be free, the applicant must meet the means requirements.54 When proving eligibility, applicants are exempted from providing documents that are already in possession of the acting responsible administration, or that have been drawn up by any other administrative body. Therefore, applicants can fill a template authorising the local Commission of free legal aid55 and the local Bar association to consult their economic, patrimonial and social information.56 Yet, irrespective of the final results of the means test, all detainees who request legal aid will be assisted by a duty lawyer during their stay in the police station,57 given that access to legal counselling in detention is mandatory. In addition, regardless of their financial resources, the following people will always be granted legal aid: victims of gender violence, terrorism, human trafficking, as well as children and persons with mental disabilities who are the victims of abuse or mistreatment. Appointment of duty lawyers for suspects or accused. The duty system for criminal affairs is organized based on a rota scheme, with a number of lawyers being on call for periods of twenty-four hours, every day of the year. The number of lawyers on call varies from one geographical area to another and is determined by each Bar Association. For suspects or accused in police custody, the police calls the local Bar Association who designates a stateappointed lawyer from the duty scheme, among those who are on call at that moment. The appointed lawyer must arrive at the police station as soon as possible, always within a maximum period of three hours since receiving the assignment.58 When called, duty lawyers cannot refuse to attend the police station, nor can they refuse to defend a specific client, unless a conflict of interest exists. 52. Minor offences of injury or ill-treatment, “petty theft in flagrante delicto”, threats, coercion and insults. Art. 6.3.b amended LAJG. 53. The assistance could be waived, although opting in would then entitle the person concerned to legal aid, if applicable. Madrid Provincial Court (Audiencia Provincial 768/2016). Vidal Fernández, B. Implementation of the Legal Aid Directive in Spain. Issue 1/2020. 54. The threshold to assess the economic means is the “Indicador Público de Renta a Efectos Múltiples” (IPREM) or public income index (in 2020, based on 12 pays: 6.454,03€, on the basis of 14= 7.519,59€). To be entitled to free legal aid that amount will be multiplied by 1, 2 or 3 depending on the number of members of the family unit (also in the case of a child, the income of the family unit of the applicant will be considered). 55. Responsible body in each capital of province to oversee and coordinate the appointment mechanism, and establish performance standards for the effective delivery of legal aid. It is composed of members of the Bars and of representatives of the Ministry of Justice, prosecutors and court agents. 56. Most Bar Associations use the Sistema integral de gestión de la abogacía (integrated management system among Bar Associations) that connects them with the local Commission of free legal aid, as well as with government agencies (tax office, social security and others). 57. A large majority of assistances are carried out by duty scheme lawyers, not by privately appointed lawyers (even in the case of children). 58. Art 520.5 Criminal Procedure Code. 16 In the interest of consistency, the same lawyer who assisted the suspect or accused person at the police station should, in principle, follow the entire judicial proceedings. However, the person suspected or accused can request the Bar Association for the appointed lawyer to be replaced. The request will be decided by the Bar within 20 days and can be appealed by the beneficiary. In the case of suspects or accused who are not in detention, Courts can ask the Bar Association to appoint a lawyer from the duty scheme if the person has not appointed one of their own choosing or if they cannot afford it. Anyone facing a criminal proceeding can also directly contact the local Bar Association and file an application for a duty lawyer to be appointed for their representation. Minimum requirements to join the duty scheme. These include (i) having an office within the judicial district of the Bar in which the lawyer is inscribed,59 (ii) having more than three years of effective practice60, and (iii) having completed the specific courses and tests for access to the specific duty lawyer scheme in which the lawyer wishes to be included (criminal, civil, labour, administrative). These minimum general training and specialisation requirements are set up in a national regulation, but each Bar association can add additional requirements, such as specific courses to join some of the specialised rota schemes (for instance, counselling gender based violence victims, children, etc.). In addition, some Bars require ongoing training as a compulsory requirement to stay in the duty scheme. Disciplinary measures are regulated and contained in deontological codes, and include temporary removal or exclusion from the duty scheme and/or detainee’s assistance. Courts and Bar Associations have the power to take disciplinary action against lawyers. 61 The Bars also deal with incidents communicated by duty scheme lawyers reporting any aspects they encountered during the detainee’s assistance or in Court that might be worth addressing (denial of access to information or files, complaints raised by the client, etc.). In addition, some Bars have mechanisms (templates or apps) that lawyers can use to report such incidents to the Bar. Benefits The Spanish legal aid system is deeply rooted in the justice system and culture.62 Public authorities, legal operators and society in general63 are aware of its advantages and social benefits beyond its primary beneficiaries, given that it results in greater trust in the judicial and public system in general, it contributes to community rights, playing a part in enabling economic savings for suspects and accused, their families and the overall system, and making justice agencies and operators accountable. Furthermore, it has positive impacts on the rights of individuals. Among the benefits of this system, the availability of lawyers on call, 24/7 every day of the year, to give in-person legal assistance to suspects in police custody64 is noteworthy. According to several 59. The previous requirement of having the permanent residence within the judicial district was removed with the last reform. 60. Since 2006, anyone wanting to practice law must, in addition to holding a law degree, complete the M.A. on Access to the Legal Profession, approve a state exam and be registered in one of the eighty-three Bar Associations as a “practicing lawyer” (Ley 34/2006, de 30 de octubre, sobre el acceso a las profesiones de Abogado y Procurador de los Tribunales; Lawyer and Court Agent Professions Act). 61. The Bars processed 5.234 complaints in 2021, of which 3.681 were filed and 297 converted to sanctioning proceedings for duty scheme lawyers. 62. It is composed of 43.696 lawyers, 48% of whom are women. Almost 1 in 3 of Spanish registered lawyers are providing free legal aid service. 63. 97% of Spanish people believe free legal assistance is a fundamental right (Metroscopia survey 2020). 64. According to the XIV Report of the Free Justice Observatory (2020), 38.367 lawyers are ascribed to the rota scheme 17