Hi Mark 
I think there is some kind of protocol now agreed between the parties mentioned below and I cut and paste 


A message from the LCCSA & CLSA
Attending Police Stations & Magistrates’ Courts
 
We understand that as the threat from the COVID-19 pandemic worsens with each day, government is forced to adapt and change guidance at speed.  We further recognise that the criminal justice system must continue to operate to protect the public and we wish to play our role in this.
You, our members, have a duty to protect yourselves, your staff, clients and families. Your duty extends to avoiding infecting the most vulnerable and to help slow the demand on the NHS.
Measures can swiftly be adopted at magistrates’ courts and police stations to ensure that we can continue to play our role remotely. Sadly, it seems to us, these measures will not be taken until those who control the police station and court environments are forced to make changes.  Carrying on with business as usual is not safe or sustainable.
Many firms in London have already ceased to provide advice and assistance face to face.  This is not a decision taken lightly. All of us understand that in ordinary circumstances face to face contact when communicating with and representing our clients is crucial. However, as we face a unique and unprecedented public health risk, inevitably to protect all involved in the Criminal Justice System as well as the wider general public, face to face contact must regrettably be suspended.
We ask our members who have yet to take a decision to urgently review your policies.  Solicitors will not be permitted to use video-link or telephone facilities if the police believe they can go back to the DSCC panel and find another solicitor who will attend in person.  We know that defence solicitors are not a priority and this is why individual firms must consider a proactive approach to risk management.
If your firm adopts a policy of no face-to-face services at police stations or courts, we advise  you notify your contract manager to inform them that it is your view that the current pandemic satisfies Clause 30.6 of the Standard Crime Contract 2017, which states as follows:
If you or we are prevented from complying with this Contract
30.6 Neither of the parties to this Contract is responsible to the other for any delay in
performance, or for any non-performance, of its obligations and duties under this
Contract due to any cause beyond its reasonable control. Causes beyond
reasonable control are confined to:
(a) severe physical damage caused by storm, fire or flood; and
(b) criminal acts; and
(c) epidemic,
except any fire, flood or criminal act caused or committed by any member of the
affected party’s personnel. For the avoidance of doubt, nothing in this Clause shall
relieve you from implementing and complying with the Business Continuity Plan.

Police Station Attendance:
We welcome and endorse the policy today adopted by Kent Police as a sensible and practical approach to be taken at this time. We urge the Metropolitan Police and other Police areas to adopt this policy:
The policy asks first whether it is necessary to hold an interview. 
It sets out circumstances where an interview is not required. 
This can be summarised as where there is sufficient evidence to prove the identity of the suspect and the case against them, and the matter is a summary only one, or a simple offence against the state, e.g. possession of weapons, drugs, public order, or drink or drug drive or shoplifting of any value or criminal damage under £5,000.
Where an interview is required (i.e. the above does not apply) then the pre interview briefing and client consultation should be conducted by telephone or video using the VC or consultation room. 
It will then be necessary to consider what form of interview is required:
  1. Completely virtual where all parties dial into a Custody laptop. The OiC in the interview room recording the interview, the suspect in the VC room and the lawyer dialling in; or
 
      2. A partial virtual interview with the OiC and suspect in the interview room and the legal representative from         a laptop; or 
  1. All parties required to still be physically present due to the severity of the situation [which should only be in the most exceptional of circumstances].
Where all people are present, the OiC, AA, interpreter and legal representative are to be issued with the appropriate PPE, which means the same PPE for all.
 
Where the above policy is not followed, it will be necessary for firms and individuals to undertake their own risk assessments in accordance with current Health and Safety law.

Presently, there is very limited available PPE and little clarity as to what constitutes appropriate PPE. Such PPE as is immediately available should in any event in our view be prioritised for NHS frontline staff. 
If video attendance is not possible and you have deemed it unsafe to attend in person, we suggest:
  • When obtaining Information from the custody record over the telephone, ensure staff consider what additional questions they should ask knowing that they will not be attending in person.
  • Request Pre-interview disclosure by email and/or over the phone with the OIC.
  • Request the police provide a confidential phone line for holding all consultations.
  • Participating in interviews via telephone by the Oic putting your call on loudspeaker.
 
In the event none of the above is possible, and a decision is made not to act, it is advisable to make clear contemporaneous notes of your reasoning and to notify your contract manager accordingly.
 
Magistrates’ Courts Attendance:
We are aware of the ongoing efforts within HMCTS to make reasonable adjustments to minimise the need for attendances in person at Court. We welcome the approach which is already being adopted in the Crown Courts.
We are working with the Courts to encourage all efforts are made over the coming weeks for video-conferencing to become the default position for the majority of Court attendances.
Where attendance in person at Court is required, it will be necessary for firms and individuals to undertake their own risk assessments in accordance with current Health and Safety law.
When a decision to attend Court in person has been made, we suggest working with the Courts to:
  • Ensure that only those conference rooms with glass petitions are used for consultations, or that glass docks within the Court rooms are utilised.
  • Encourage video-link rooms to be used by those detained under escort. (This should be achievable given that there will now be fewer defendants overall in custody).
  • Encourage that where Government WIFI reaches into the cells area, video-conferencing or a telephone line should be supplied by the gaolers from the cells.
In the event that none of the above is possible, and a decision is made not to attend Court, it is advisable to make clear contemporaneous notes of your reasoning, notify the Court and notify your contract manager accordingly.
 
Drawing on our collective experience across the profession, we believe that it is possible to use video-conferencing such as Skype for business, Zoom and others to attend both the police station and Courts in all but a few exceptional cases, as long as you are working from a place with sufficient privacy and a stable internet connection.             
It is hoped this document assists and encourages a consistent approach to Police Station and Court attendances and minimises the risks for all parties whilst still fulfilling our role in keeping the Criminal Justice system moving.
 
LCCSA & CLSA
26th March 2020

 

President
Kerry Hudson

Immediate Past President
Jonathan Black

Vice President
Mark Troman

Junior Vice President
Hesham Puri

Training Officer
Diana Payne

Hon. Secretary
Peter Csemiczky

Hon. Treasurer
Rumit Shah

Law Reform
Ed Jones

Media Officer
Edmund Smyth

Administrator
Sara Boxer
Copyright © 2019 London Criminal Courts Solicitors' Association, All rights reserved.
You are on this list because you are opted in to the LCCSA's mail list.
Our mailing address is:
London Criminal Courts Solicitors' Association
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LONDON
N2 2EY

 
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On 27 Mar 2020, at 09:32, markfmckeever at googlemail.com (via members list) <members@mail.lccsa.org.uk> wrote:

Does anyone know what attempts are being made by the Law Society to get it on their agenda?
Time for Pretty Vacant Patel to be held to account! 

Mark
Sent from my iPhone

On 27 Mar 2020, at 09:28, Mark Troman <MarkTroman@psplaw.co.uk> wrote:


 
 
Kind regards,
 
Mark Troman
Solicitor and Higher Courts Advocate
 
Powell Spencer & Partners
270 Kilburn High Road
London NW6 2BY
DX 123862 Kilburn 2
 
 
Tel: 0207 604 5600
Fax: 0207 328 1221

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From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Tara Olowu
Sent: 27 March 2020 09:21
To: Peter Fernando <vpfco@btinternet.com>
Cc: David Nicolls <David@needhampoulier.co.uk>; members@mail.lccsa.org.uk
Subject: Re: At the risk of upsetting everyone !
 
Morning Peter
I called the HSE yesterday and was told it has nothing to do with them ! I was signposted to PHE who is ‘currently receiving a high volume of calls ‘. 

 

Tara Olowu
A & A Law Solicitors
32 St Olav’s Court
Lower Road
London SE16 2XB 


On 26 Mar 2020, at 20:10, Peter Fernando <vpfco@btinternet.com> wrote:


Tara 
Great Idea. Can we please make the referral . Anyone up for a conference call tomorrow at a time convenient,I am ready to make a joint application to the Health and Safety Executive and failing that a submission to the  Home Office and MOJ to do something as a matter of urgency
Peter


On 26 Mar 2020, at 09:42, Tara Olowu <ao@aandalaw.co.uk> wrote:
 
Morning All 
 
I think it is time for us  ( or whoever purports to represent us ) to speak to the Health and Safety Executive as the situation at the police stations ( lack of hygiene facilities and the sitting arrangements ) is clearly a risk that should be assessed, and advice provided . If the HSE concludes that the police stations (in the current situation )are a health and safety risk/hazard, then the government/ LAA will have to rethink their position .
 
 
 
Tara Olowu  LL.B (Hons),LL.M
Partner
 
A & A Law
Solicitors & Advocates
Suite 32 St Olav’s Court, City Business Centre Lower Road, Canada Water London SE16 2XB
Tel: 020 7231 1405 Fax: 020 7 231 8462
Regulated by the Solicitors Regulation Authority - SRA Number 541093 
The information contained in this communication is intended for the named recipient only. It may contain privileged and confidential information and if you are not the intended recipient, you must not copy, distribute or take any action in reliance on it. If you have received this email in error please notify us immediately.
 
                                               
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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of David Nicolls
Sent: 25 March 2020 22:52
To: members@mail.lccsa.org.uk
Subject: RE: At the risk of upsetting everyone !
 
Mark,
 
I just wanted to say that absolutely agree with your suggestion.
 
The Govt doesn’t give a s**t about us – but then they don’t really care about the police either, they also have  little or no protection.
 
I am conflicted. 
I am not prepared to take risks with my health (nor with that of the wider public, inc my family, that I may go on to infect). And I’m unhappy at asking others to do a job I’m not prepared to do myself.  
But people need representation. 
 
We need protection at court & at police stations and should not go either unless it is provided to us.
 
Good luck getting the Law Society to do anything…
 
David Nicolls

 

On 25 Mar 2020, at 22:16, Mark McKeever (via members list) <members@mail.lccsa.org.uk> wrote:


I feel that it’s about time the Law Society came forward with advice on a unified position that all firms and individuals can stand behind.
We should not have to be making individual judgements.
It’s impossible to do so.
My view is that the unified position should be, in compliance with medical and government advise, that there should be no face to face contact with clients at court or police station.
Police station advice should involve written disclosure being provided via cjsm followed by telephone only advice.
That advice should be for all clients to refuse to leave a cell for interview, so as not to put either themselves or officers at unnecessary risk of exposure to Coranvirus.
If there is then an attempt at cell hatch interview we should advice this be declined by silent refusal to participate, from the far side of the cell, facing the other way.
Court consultations should only be behind glass screens and only once written assurance, in respect of each facility has been given by HCMTS, as to appropriate and regular deep cleaning.
If instructions have to be taken in the presence of gaolers in the dock then, to preserve confidentiality, gaolers should be required to have headphones in and listening to their personal choice of audio entertainment. 
All courts should be distributing inforrmation as to what arrangements are in place, how many court rooms will be sitting and how many duty solicitors are required. There is no sense in more attending than required or anyone attending unpaid only to be sent away.
We may be “key workers” but there is no need for any unnecessary risk.
The real need is for the police and CPS to be making proportionate judgements as to the need to arrest, interview or refuse bail. 
However as a profession we need to be supported in making our, hopefully unified, contribution to tackling this unprecedented situation.
These are my thoughts, but I welcome an exchnge of views.
Mark McKeever
Solicitor Advocate
Consutant Solicitor - Birds Solicitors
 
On Wed, 25 Mar 2020 at 21:22, Jonathan Black <jonathanb@bsbsolicitors.co.uk> wrote:
I think someone , maybe Matt Foot yesterday tweeted , “ Greg Powell for Lord chancellor “ 
 
If anyone should be listened to then it is GP who would have previously considered it heresy to leave a client in as police station without representation  , such are the risks . 
 
No one can be blamed for asking around so that they can show they made efforts to get it covered but the time has come where we are perfectly justified in accounting to the LAA for not sending anyone in for reasons spelt out below 
 
Jonathan Black ( Partner)                                                  
BSB solicitors 
3 Gower Street 
London 
WC1E 6HA 
 
0207 8373456
 
 
 
                                  
t @jonblackbsb
t@bsbsolicitors 
 
DX 2111 Euston Exchange 
 
 
 
 
 
 
 
We have amended our Privacy Notice to comply with the new Data Protection Act and General Data Protection Regulation.  If you want to see how we process your personal data then please review the new Privacy Notice on our website at http://www.bsbsolicitors.co.uk/privacy-policy/
 
From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Greg Powell
Sent: Wednesday, March 25, 2020 20:23
To: Fadi Daoud <Fadi@lawsol.co.uk>; members@mail.lccsa.org.uk
Subject: Re: At the risk of upsetting everyone !
 
No no no .People of all ages are dying .It appears a crucial factor is viral load .The more often you are exposed the greater the load and the more likely you end up in an icu .
 
 
It is not safe .Dont ask people to do this .
 
 
 
Sent from my Samsung Galaxy smartphone.
 
 
-------- Original message --------
From: Fadi Daoud <Fadi@lawsol.co.uk> 
Date: 25/03/2020 20:09 (GMT+00:00) 
Subject: At the risk of upsetting everyone ! 
 
Anyone available to attend Wandsworth ?   

Sent from my iPhone
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CORONAVIRUS UPDATE: It is business as usual at Powell Spencer & Partners. However during this difficult and uncertain time the health of our clients and staff is paramount. Accordingly our offices are now closed and all staff are working from home and are available by telephone and email. Appointments in our offices have been replaced with telephone appointments and we will continue to provide robust representation and advice to all clients. 

Powell Spencer & Partners is authorised and regulated by the Solicitors' Regulation Authority. No: 57736 

This e-mail is confidential and may also be legally privileged. Please do not copy it or use it for any purposes or disclose its contents or attachments to any other person without express permission from Powell Spencer & Partners. To do so could be a breach of confidentiality. Our data protection and privacy policies can be found on our website at www.psplaw.co.uk 

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CORONAVIRUS UPDATE: It is business as usual at Powell Spencer & Partners. However during this difficult and uncertain time the health of our clients and staff is paramount. Accordingly our offices are now closed and all staff are working from home and are available by telephone and email. Appointments in our offices have been replaced with telephone appointments and we will continue to provide robust representation and advice to all clients. 

Powell Spencer & Partners is authorised and regulated by the Solicitors' Regulation Authority. No: 57736 

This e-mail is confidential and may also be legally privileged. Please do not copy it or use it for any purposes or disclose its contents or attachments to any other person without express permission from Powell Spencer & Partners. To do so could be a breach of confidentiality. Our data protection and privacy policies can be found on our website at www.psplaw.co.uk 

If you have received this e-mail in error you are on notice of its status. Please inform us immediately by telephone on 0207 604 5600 or by reply e-mail and then delete this message from your system.

BEWARE OF FRAUD: If you receive an unusual request to pay money to Powell Spencer & Partners, please check with us that it is genuine. Our bank details will not change and we will never include a payment link in an email. 

Thank you for your co-operation. 
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Peter  Fernando
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vpfco@btinternet.com