It doesn’t really help with an issue we have at Bristol. Case listed for sentence (5 hander).
Raised with list office last week the issue of attendance and whether case should be adjourned. We were also not sure what the position was about a lockdown.
This is the response I received:
“Please see HHJ Patrick's response to this request below:
"If London is in lock-down they have a good excuse for not attending. Otherwise, they must be there." “
The MOJ. HMCTs and the judiciary are all over the place. I have spent the last two days in Acton and Hounslow police stations as well as last week in assorted criminal and family courts in London. I don’t display any symptoms I understand that it could be some days before they manifest themselves….. There are three of us travelling from London. Clients are being produced by videolink. I have been informed that Bristol does not have the facility to allow advocates to conduct telephone hearings (no doubt to discourage outsiders coming into Bristol to take up the work there… as it happens the clients are from London and in custody in London). So much for containment.
Given the Governments directives I find the attitude and ignorance baffling.
Kind Regards
Julian Hayes
Senior Partner
Tel: 020 3325 7415
Email: julian.hayes@berrislaw.co.uk
CJSM: julian.hayes@berrislaw.cjsm.net
Web: www.berrislaw.co.uk
1 - 11 Glenthorne Road,
Hammersmith,
London,
W6 0NB
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From: <members@mail.lccsa.org.uk> on behalf of Rhean Bailey <rb@goldmanbaileysolicitors.co.uk>
Reply to: Rhean Bailey <rb@goldmanbaileysolicitors.co.uk>
Date: Sunday, 22 March 2020 at 22:40
To: Rhona Friedman <Rhona@commons.legal>, Bruce Reid <brucerzzz@googlemail.com>
Cc: Sara Boxer <sarsboxer@gmail.com>, LCCSA <members@mail.lccsa.org.uk>
Subject: Re: Suggested Emergency Protocol during COVID-19 Outbreak from the LCCSA
I had no idea about this - sounds even more reason to walk out.
I am court duty at Willesden tomorrow and be grateful for any similar info to be shared so I can consider similar
Thanks
Rhean
From: <members@mail.lccsa.org.uk> on behalf of Rhona Friedman <Rhona@commons.legal>
Reply to: Rhona Friedman <Rhona@commons.legal>
Date: Sunday, 22 March 2020 at 22:32
To: "brucerzzz@googlemail.com" <brucerzzz@googlemail.com>
Cc: Sara Boxer <sarsboxer@gmail.com>, LCCSA <members@mail.lccsa.org.uk>
Subject: Re: Suggested Emergency Protocol during COVID-19 Outbreak from the LCCSA
Bruce ask if they have deep cleaned Court 9 where a guy with symptoms on Saturday was aspirating into the dock on to the glass panels which of course have slits in them
Also keen to know if they have deep cleaned the consultation rooms and the cells oh and cleaned that manky communal pen they make you use to sign in with
If nothing has been cleaned thoroughly and if there are no risk assessments then it’s not safe
Sent from my iPhone
On 22 Mar 2020, at 22:22, Bruce Reid (via members list) <members@mail.lccsa.org.uk> wrote:
I am custody Duty tommow at Croydon with 2 own clients. Anyone know what a CV risk assessment form looks like? I bet there is no such thing, Given that, I dont think its safe for me to even see them.
Input anyone? I am quite happy to walk out - not before telling the Court why.....
Bruce Reid
On Sun, 22 Mar 2020 at 22:12, Sara Boxer <sarsboxer@gmail.com> wrote:
Suggested Emergency Protocol during COVID-19 Outbreak
During the current epidemic, the criminal justice community must do what we can to keep the justice system going, but in a way which does not ignore the pleas from NHS workers, who are risking their lives to keep us safe.
In order to stem the spread of the virus, our courts and police stations must urgently adopt the following measures:
1. Delay non-urgent cases
Adjourn non-urgent criminal cases for 2 months. Criteria for ‘non urgent’ to be agreed with professional bodies, Senior Judiciary, HMCTS and MOJ.
2. Adopt remote hearings
Urgent hearings to be temporarily conducted by video or telephone where possible so long as fair trial rights are maintained. These technologies to be urgently improved and expanded to allow non-urgent hearings to be phased back after 2 months.
3. Prioritise arrest cases
Arrests to be reserved for essential cases only, with an increased use of street bail. Voluntary interviews and postal requisitions to be delayed where possible.
4. Avoid physical attendance
If the detention of suspects is necessary, solicitors and appropriate adults to be permitted to attend via video-link, using facilities already in place for translators.
5. Make facilities safe
Where physical attendance at court or police stations is required, Covid-19 risk assessment of defendants to be carried out and all relevant parties provided with a copy, regular deep cleans of all facilitates, and hand sanitiser made widely available.
Sara Boxer
07974 395 156
<image001.jpg>
PO BOX 72880
LONDON
N2 2EY
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