Given tonights announcement it seems that the courts and MOJ are again ‘behind the curve’.

 

There is continued risks for solicitors. Surely, a system could be set up at COW and other courts where duty solicitors (and others undertaking the priority cases) can provide advice over the phone in the court cells and then conduct the hearings before the court on the phone or by skype. It does not require lawyers to physically attend.

 

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

 
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From: <members@mail.lccsa.org.uk> on behalf of Donna Tayo <baclegalconsulting@gmail.com>
Reply to: Donna Tayo <baclegalconsulting@gmail.com>
Date: Sunday, 22 March 2020 at 20:06
To: "vpfco@btinternet.com" <vpfco@btinternet.com>
Cc: Sabrina Fitzgerald <sabrinafitzgerald@hotmail.co.uk>, John Middlehurst <j.middlehurst@allaw.co.uk>, RUSSELL NASH <russell.nash3@btinternet.com>, Members <members@mail.lccsa.org.uk>
Subject: Re: Coronavirus / Custody

 

The points you make are valid ones. However this is far from

being an ideal situation so advice via video link is the next best thing thing in my opinion. 

 

Your health and that of  your relative is of paramount importance. Ultimately the decision is yours. Whatever you decide please be safe. 🙏


On 22 Mar 2020, at 19:35, Peter Fernando (via members list) <members@mail.lccsa.org.uk> wrote:

I agree presence is what makes the difference And in order to ensure we continue to give that service emergency measures have to be endorsed from the lord chancellor without delay. Otherwise we will repeat what precedent clearly shows https://www.cambridge-colleges.co.uk/the-colleges/

 

On Sun, 22 Mar 2020 at 19:29, Sabrina Fitzgerald

As we know, it’s the ‘presence’ of the solicitor in the police station that makes the difference. I doubt I would be half as effective if attendance was conducted remotely. 

 

As soon as I attend in person things suddenly start to move in a way they wouldn’t if I was just at the end of a phone, never mind at the end of a dodgy internet connection. 

 

Whether it’s having a bit of influence over the local officers who trust me, convincing the AA that this time their child needs to give their account regardless of being considered ‘a grass’ or just being able to explain the caution to the client in between passing them tissues or more importantly to prevent anything more sinister, there’s a reason PACE legislated for us being there in person. 

 

Speaking as a freelance duty solicitor (having run out of hand sanitizer) with a family member recovering from a kidney transplant with a police station duty tomorrow, I’m very conflicted.

 

Sent from my iPhone



On 22 Mar 2020, at 18:54, John Middlehurst (via members list) <members@mail.lccsa.org.uk> wrote:

Coronavirus (COVID-19)
In accordance with recent Government advice regarding COVID-19, many of our staff are now working from home. Letters sent to the office may not reach them straight away, and it will take them longer to reply by post. Please use email or phone whenever possible.

Very fair point Russel. Absolutely. But if a virtual presence may lead to a possible end of a way of working, is that worse than an actual presence leading to an actual end for the worker?

All the self-employed reps are in the same boat. If they don’t work they don’t eat. That was OK 3 weeks ago but now just it’s completely wrong. It can’t be right to ask S/E reps to put their exposure on the line where we aren’t prepared to risk ours. We should all say that’s unacceptable and tell them to set up a safer work space for all. They can certainly do it. They Just need to be made aware. The more force , they more likely they are to respond. Sad but true.

 

 

John Middlehurst
Consultant Solicitor
Amphlett Lissimore
Tel: 020 8771 6861
Fax: 020 8540 1636
Email: j.middlehurst@allaw.co.uk
CJSM Email: j.middlehurst@allaw.com.cjsm.net (this email will only receive email from other CJSM accounts)
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From: RUSSELL NASH <russell.nash3@btinternet.com>
Sent: 22 March 2020 13:51
To: John Middlehurst <j.middlehurst@allaw.co.uk>
Subject: Re: Coronavirus / Custody

 

Health comes first but I can see a virtual presence being the end of a lot of us freelancers.

 

On Sunday, 22 March 2020, 13:36:31 GMT, John Middlehurst (via members list) <members@mail.lccsa.org.uk> wrote:

 

 

Coronavirus (COVID-19)
In accordance with recent Government advice regarding COVID-19, many of our staff are now working from home. Letters sent to the office may not reach them straight away, and it will take them longer to reply by post. Please use email or phone whenever possible.

Indeed they do!

 

John Middlehurst
Consultant Solicitor
Amphlett Lissimore
Tel: 020 8771 6861
Fax: 020 8540 1636
Email: j.middlehurst@allaw.co.uk
CJSM Email: j.middlehurst@allaw.com.cjsm.net (this email will only receive email from other CJSM accounts)
Branch Address: Amphlett Lissimore, 7 Approach Road, Raynes Park, SW20 8BA
DX: 318004 Wimbledon West



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This is because the email may be from a fraudster, not from us, and the bank account details may be false. Criminals have been known to intercept genuine emails from solicitors and forward them on with the bank details changed, so however authentic the email looks you must not rely on it. In the same way, if you send us bank details by email we will normally phone you to check before we send money to you.

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From: Francis CONTEH <conattru@yahoo.co.uk>
Sent: 22 March 2020 13:35
To: John Middlehurst <j.middlehurst@allaw.co.uk>; Matt Foot <M.Foot@birnbergpeirce.co.uk>; neil blackaby <nbbbee@hotmail.co.uk>
Cc: Peter Fernando <vpfco@btinternet.com>; Sara Boxer <sarsboxer@gmail.com>; Members <members@mail.lccsa.org.uk>
Subject: Re: Coronavirus / Custody

 

Great point after all they use them for interpreters 


Sent from Yahoo Mail for iPhone

On Sunday, March 22, 2020, 1:33members@mail.lccsa.org.ukpm, John Middlehurst (via members list) <members@mail.lccsa.org.uk> wrote:

Coronavirus (COVID-19)
In accordance with recent Government advice regarding COVID-19, many of our staff are now working from home. Letters sent to the office may not reach them straight away, and it will take them longer to reply by post. Please use email or phone whenever possible.

It’s a problem, isn’t it? If PS Duties are not currently a safe environment for me, then why would it be OK for me to offer the same unsafe environment to someone else? Maybe we should be thinking about making a safer environment for everyone?  Should the police be thinking about virtual links to Duty? A lot of Stations have the facilities already in place for virtual court. Could it not be used for a secure conferencing link with a PS Rep/ Duty Solicitor?

 

John Middlehurst
Consultant Solicitor
Amphlett Lissimore
Tel: 020 8771 6861
Fax: 020 8540 1636
Email: j.middlehurst@allaw.co.uk
CJSM Email: j.middlehurst@allaw.com.cjsm.net (this email will only receive email from other CJSM accounts)
Branch Address: Amphlett Lissimore, 7 Approach Road, Raynes Park, SW20 8BA
DX: 318004 Wimbledon West



Follow us and keep up to date with our news and events

 

Email fraud warning
If you receive an email with details of our bank account so that you can pay us money, always telephone us to confirm the bank details using a telephone number you already know, not any number quoted in the email.
This is because the email may be from a fraudster, not from us, and the bank account details may be false. Criminals have been known to intercept genuine emails from solicitors and forward them on with the bank details changed, so however authentic the email looks you must not rely on it. In the same way, if you send us bank details by email we will normally phone you to check before we send money to you.

Amphlett Lissimore Bagshaws LLP - a limited liability partnership no. OC356781 registered in England and Wales.  Registered office: Greystoke House, 80-86 Westow Street, London SE19 3AF. Authorised and regulated by the Solicitors Regulation Authority

 

From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of Matt Foot
Sent: 22 March 2020 07:24
To: neil blackaby <nbbbee@hotmail.co.uk>
Cc: Peter Fernando <vpfco@btinternet.com>; Sara Boxer <sarsboxer@gmail.com>; Members <members@mail.lccsa.org.uk>
Subject: Re: Coronavirus / Custody

 

I think your office cleaner should immediately be put in charge of the MOJ, the LAA, all the Courts, prisons and police stations.

 

 

 

On 22 Mar 2020 01:12, neil blackaby <nbbbee@hotmail.co.uk> wrote:

Although we are all key workers, it doesn’t mean we all have to go to work as there are enough Duty Solicitors who would be willing to work in such circumstances the legal agency have said they will let us swap on line, we could give our Rotas away if we have concerns over our safety.

 

In all my years in legal practice the soundest thing I have heard is from the office cleaner at Bailey Nicholson Grayson who said to me if you have your health you have your wealth, of what use to your families are you if you are a victim of the Coronavirus just for the sake of a few police station cases it really isn’t worth the risk, leave earning money until another day.

 

Stay at home or in a place of safety. Others will take your Rotas off you if you give them away. 

 

Neil Blackaby 

 

Sent from my iPhone


On 22 Mar 2020, at 00:18, Peter Fernando (via members list) <members@mail.lccsa.org.uk> wrote:

 

Dear All 

As a member and a fellow human being I humbly appeal to all members to write an urgent appeal to the powers that are responsible for police officers. 

I just ended a 28 hour stretch of duty work. Out of the 8 clients that I represented, three clients, in my opinion , should have not been arrested or certainly not interviewed. 

The three clients were as follows:-

1. Historical Rape- where the alleged victim had continued to have consensual sexual and audio recorded an encounter with my client designed to extract a confession from him and that audio had been shared with other lovers of my client in order to get their opinion on her attempt to entrap my client.The historical incidents were, one,which happened in 2016 and two ,which happened in 2018. There was no reason why he was arrested when ,the police were aware of what my client was likely to say as he had already mentioned his defence to the alleged victim when he was recorded by her two months ago. A voluntary attendance?

2. A man arrested for drink driving - where my client made full admissions within the first minute of the interview and made no attempt to deny any parts of the offence of drink driving for a distance of 20 feet to reverse his van for the doors to be secure last night. A quick 10 minute instead of a 48 minute interview would have sufficed.

3. A woman of good character who was arrested for Common assault and criminal damage. Client and partner had a disagreement because of the frustrating situation with panic buying. An argument developed in the car ,making the partner, who was driving , spit at my client and push and shove my client. Her partner stopped the car to attack my client who pushed him away causing slight damage  My client pushed her partner and during the push she aggravated an already damaged radio.The partner did not make an allegation but a concerned third party reported repeated hand movements by my client. Clearly ,the police did the right thing by arresting my client. However ,was it necessary to interview her in a custody interview after being detained for 8 hours ?

May be there should be a senior officer appointed to determine the necessity aspect of all arrests arriving into a custody area. Perhaps a video link to a senior officer from a remote location could make the decision.

I cannot see why a senior officer cannot be on duty. After all I have been on duty for 24 hours and worked for 28 hours having done this job for a long time since 1986.

I really feel that the authorities are unaware of the gravity of the crisis that we are facing or are we being given information to panic? 

It has to be one or the other .If we are being given the right information, the facts in Italy show that laid back attitude at the beginning have led to  hospitals having tragic shortages of ventilators leading to a number of deaths which are rising exponentially .If we are not being given the right information can someone tell me the true status. If they cannot, please do something and do something quickly tomorrow. Yes ,tomorrow is Sunday because along with medical staff, fireman  and judicial system , we do work 24/7.

Thank you and if I am not cogent in my argument, please forgive me. 

Peter Fernando

 

 

 

On 21 Mar 2020, at 19:29, Sara Boxer <sarsboxer@gmail.com> wrote:

 

Dear Members 

 

Please can you share info /observations about the health of people you are seeing in custody.

 

And please share this info with your colleagues /agents so they know about the risks of the health of the people they are seeing on their behalf.

 

Please stay safe and keep well,

 

Regards

 

Sara 

 

 

Sara Boxer

 

LCCSA 

PO BOX 72880

LONDON

N2 2EY

07974 395 156

 

 

 

 

 

 

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Peter  Fernando

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