I had an own client at Wood Green Police station this morning arrested for domestic common assault and breach restraining order.

I explained to the client on the phone  that neither myself or a colleague were prepared to attend him face to face in the present circumstances for obvious reasons  but that I was more than happy to advise and assist him over the phone/video.   I advised that if he wanted a solicitor in person there was nothing to stop him seeking advice elsewhere.   He said he was happy to deal with it over phone/video.

I then explained the position to the OIC who asked me what I was proposing.  I requested the custody record to be emailed to me and disclosure over the phone/email.  I requested that the interview be done through a video link of some sort.  The custody record was emailed to me within about 5 minutes and the OIC gave me verbal disclosure.  The OIC said there was “no facility” to conduct an  interview on phone or video link.  I challenged this but she said  that’s what she had been told by the custody officer whose name I made a note of I then spoke with the client over the phone  for 20 minutes  on a clear telephone line during which I gave legal advice and took his  instructions in just the same way as if I had been in the same room.   As a result of his instructions I advised we should proceed by way of a prepared statement and no comment interview.  Client agreed.  I then drafted a PS and spoke to the client again who approved it.    I then rang the OIC and emailed it to her with a request that it be read out in the interview and that I was on the end of a phone if client wanted further legal advice.    I  then had  a post interview consultation with the client who was happy with the way things had gone so far.   It all worked well with the cooperation of the OIC.  The only problem was that I was not in the actual interview – this could be solved easily with the goodwill of custody. 

I am now just waiting for a charge decision. 

Having spent nearly 2 ½ hours dealing with the phone consultations, statements, emails  etc with no  detriment to  my client  it would seem very “unjust” if we are denied a full fee for this work if we  can only claim for telephone advice.    So much for a  “Criminal Justice System “  ……

 

Debbie Hunt

Solicitor

Criminal Law Department

 

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