I think we need to scratch the surface with the CPS though, I suspect IDPC bundles are being cobbled together at the last minute (bail or remand) in breach of TSJ.

 

What we do know is the IDPC bundles do not come 7 days prior.

CPS advocates often tell us for bail and overnight cases that an IDPC bundle hasn’t been created yet and they don’t have time to do it.

And worst of all a prosecutor once referred to the requests inbox as ‘her’ before, implying it was just one person.

 

They simply haven’t committed the resources to TSJ. 

IDPC bundles shouldn’t be prepared from 9am on the morning of the production, whether back at HQ or in court.

 

 

Having read this message there is a mismatch with what is said about CPS prosecutors providing a bundle at court.

 

Firstly this requires the advocate from the CPS going into their CMS system and creating the bundle. The problem with this si that they do not have time at court with a busy remand list to do this  because they have to read and check each document before a disclosure bundle is created to ensure they are not inadvertently breaching date protection guidelines.

 

There have regrettably been some breaches and their lawyers have been told by their own management they could be sanctioned for any breach.

 

In many areas the operational guidelines for the CPS say that any request should be made to their office where supposedly there are staff to deal with this task.

 

Thirdly, few if any DJs or Justices appear to be in favour in court of rising for the task to be completed.

 

Whilst I do not have any overwhelming sympathy for the CPS and their works perhaps the author of the letter ought to be appraised of the system the CPS staff have to operate.

 

I appreciate this does not help anyone in the defence community. Perhaps the answer lies in more reasonable court listings.

 

Richard Atkins

 

 

Dear All

 

Further to yesterday’s exchange , please find a point by point  reply from Alison Aedy , she also states

 

“Apologies, the letter sent was not intended to sound as though we were dictating to Solicitors of their role. I think its intension was purely to inform you on what we are trying to achieve with our vulnerable prisoners and just a bit of assistance from Solicitors because unfortunately not all Duty Solicitors arrive on time and will insist on stacking considerably”

 

 

 

 

Dear Jonathan

 

Thank you for the attached letter, which I have gone through and I can provide information on some of your bullet points.

 

Point 1 – The Court has no power with regards to how the police deal with prisoners at the police station. This is not relevant to the policy which has been put in place. The policy relates to vulnerable prisoners at the courthouse.

 

Point 2 – Under this policy CPS have been informed that the prosecutor in Court must provide the bundle within 30 minutes of request if it has not been received sooner. They are not to rely on the office providing the IDPC bundle again.

 

Point 3 – Again under this policy, Serco have been given an instruction in the is policy by contacting the relevant Solicitors early in the morning rather than waiting for someone to turn up, or only realising later in the day.

 

Point 4 – Unfortunately not all of our Duty Solicitors turn up to court by 9.30am. The purpose of only doing two at a time is because we can get the cases called on quicker and if there is any further intervention required by Probation or the Mental Health Team, they can be getting on with these tasks rather than waiting until all vulnerable prisoners are seen by the Duty Solicitor and then having to make enquiries which potentially could either hold the court up or turn into a late sitting.

 

Point 5 – If this is the case then I will mention this to the Head of Legal Operations and advise him of what is happening. He in turn can speak to the Judiciary and Legal Team in London.

 

Point 6 – Hence why Point 4 is important.

 

Point 7 – The London Overnights / Vulnerable Prisoners policy is only in relation to ensuring vulnerable prisoners are dealt with in court and quickly out of the cells whether it be on bail or in custody.

 

Point 8 – Absolutely agree that the Solicitor could potentially identify a prisoner with vulnerabilities. The information we receive initially will be from either the police or the prison whereby it has been identified that certain prisoners have vulnerabilities.

 

Just for clarification, this policy is not a criticism to how Solicitors work, if anything it is more geared to the Police, CPS and the Court for being more pro-active. The representatives for the Police, CPS and the Court both legal and admin were brought together as we knew that considerable work had to be done to get this right, especially when it comes to the delivery of the IDPC bundles. It was just felt that if Solicitors didn’t stack more than 2 at a time it could speed the process up even more.

 

We would understand if Solicitors as you mentioned in Point 4, only spoke to all of the vulnerable prisoners first, but in some circumstances they will speak to the 2 vulnerable and then move onto those that are less vulnerable. In the meantime we could be hearing the vulnerable cases and possibly have sufficient time for Probation of Mental Health to see them before it ticks later into the day.

 

I hope the information I have provided assists, and I will endeavour to mention to those who attended the meeting that you have been in touch and when another date is fixed I will send an invite for you to attend.

 

Regards

 

 

 

Dear Alison

 

Further to the below , please find a cleaner copy of the letter

 

Regards

 

 

 

Dear Alison

 

Further to your email to duty solicitor scheme members this morning , please find attached a letter written on behalf of the London Criminal Courts Solicitor’s Association

 

Yours Sincerely

 

 

Jonathan Black ( Partner)                                                 

BSB solicitors

3 Gower Street

London

WC1E 6HA

 

0207 8373456

 

Criminal Defence Solicitors | Criminal Lawyers | BSB Solicitors

                                 

t @jonblackbsb

t@bsbsolicitors

jonathan.black@bsblaw.cjsm.net

 

DX 2111 Euston Exchange

 

 

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