Dear Members,
I hope you are all keeping safe and well in these strange times.
A lot has happened over the last week or so and as a Committee, we have all been working hard to keep you updated as and when we have been made aware of key information/developments.
Apologies if the information has been at times piecemeal, but this is reflective of how the information has been publicised by the MOJ, LAA, HMCTS and others.
Many of you have been sharing with us your experiences at the police station and in Magistrates’ Courts; mainly horror stories but peppered with a few stories of successful remote attendances over the last day or two.
So where are we in relation to remote working?
Police Stations:
The LCCSA has now been invited to attend the CJS Contingency Planning meeting for London and the National Protocol Working Group. I attended remote meetings for both of these groups yesterday afternoon for the first time. I was able to share with senior members of the CPS and NPCC leads our ongoing concerns about solicitors’ safety in police stations and I can confirm that all parties are now working at pace on drafting a National Protocol. The current timeframe for roll out is as yet unknown but I am hopeful it will be within the next week or so – I’m sure we can all agree, the sooner the better given the lack of consistency currently being applied across both London and beyond.
In the meantime, we encourage members to follow the approach outlined in our Joint Message to Members on 26.03.2020:
https://www.lccsa.org.uk/a-message-from-the-lccsa-clsa-attending-police-stations-magistrates-courts/
And to sign up to our ongoing list of firms who support this message:
An updated “Version 3” of this letter will be published tomorrow afternoon. (Earlier today we were up to 67 firms and counting).
If you experience problems with specific police stations, we strongly suggest you raise these at the time with the Duty Inspector and keep clear records. We understand that steps are being taken to set up a central point of contact where you will be able to report these instances in due course. This will help us gain a clearer picture as to which police areas are failing to take reasonable steps to protect solicitors’ safety.
Magistrates’ Courts:
We continue to work with HMCTS to assist the implementation of video appearances. I took part in a test on Friday afternoon which in the circumstances, appeared to work well. Whilst of course video link appearances will never compete with the importance of face to face attendance, the technology is nearly ready to assist us all get through the coming weeks the best we can minimising the need for attendance in person.
There is currently no definite timeframe for implementing video appearances across London but when it is ready, we will ensure clear instructions are circulated accordingly.
HMCTS is also working hard to improve conditions in those Courts that are remaining open and to keep open a channel of communication with us. If you experience specific Courts which are failing to adhere to government advice, please continue to email us and/or email the dedicated mailbox set up by HMCTS directly for this purpose: londonholo@justice.gov.uk
We will continue to do our best to give you the latest available information.
In the meantime, I include below some further updates from today.
Best Wishes and stay safe
Kerry Hudson
President LCCSA
Garden Court Chambers has drafted a helpful document containing legal and practical advice on remote attendances:
Crimeline has published a useful File Note on claiming the Police Station Attendance Fixed Fee:
https://www.lccsa.org.uk/covid-19-claiming-the-police-station-attendance-fixed-fee/
The Times published an article today about Defendants appearing in Court with virus symptoms – we made our views clear:
https://www.thetimes.co.uk/article/defendants-in-court-with-virus-symptoms-bfrrtmmrn
The Law Society remains a good source for all ongoing advice and updates:
Don’t forget there is a free webinar tomorrow (Wednesday 1st April) at 4pm from DG Legal on Surviving the Coronavirus Downturn. Register in advance here:
https://zoom.us/webinar/register/WN_AwGUv6XVSOyjs_38uJxSbw
