Dear Members
Please see the attached and links below to the National Interview Protocol released this afternoon along with a copy of the letter which has today been sent to all Chief Constables and Chief Crown Prosecutors across the country’s police areas:
The National Interview Protocol: https://www.lccsa.org.uk/national-protocol/
The Joint CPS & NPCC Letter to all Chief Constables & Chief Crown Prosecutors: https://www.lccsa.org.uk/joint-cps-and-npcc-letter-custody-protocol-covid-19-response/
We welcome the roll-out of a national protocol and we hope this will now bring some consistency and common sense into the system to ensure that solicitors can still provide advice and assistance, but also be protected as far as possible from being exposed to unnecessary Covid-19 risk.
The LCCSA provided input into the interview protocol itself drawing on both the experience of the Committee and the examples received from members.
Whilst we were not permitted to have any input into the arrest policy or the interim charging protocol (which was entirely a CPS/NPCC initiative), we were able to make a number of suggestions with regards to maximising remote police station attendances as far as possible whilst the Covid-19 crisis continues. It has been made clear that we only endorse this temporary approach to overcome an unprecedented national crisis. It remains our position that face to face representation should be resumed as soon as it is safe to do so.
Although not all of our concerns and suggestions were taken on board, in the short time available, we hope that the protocol will provide some much needed clarity and guidance to allow members to confidently carry out their own risk assessments and have a useful framework within which to make the necessary representations to police officers in all stations across London.
As the Covid-19 situation keeps changing rapidly and this protocol was drafted under considerable time pressure, it has been agreed that weekly meetings will take place to review whether this protocol is proving effective. We therefore ask members to continue to email us with examples of where this protocol is not being followed as well as to continue to make complaints to duty inspectors as and when difficulties arise on a case by case basis. Senior Officers reviewing this protocol will no doubt refer to complaints statistics and so it is very important that formal complaints are made at the time and clear records are kept by attendees.
Do share the protocol far and wide to ensure all Solicitors and Police Station Accredited Representatives are familiar with its contents which should be followed nationally with effect from today.
With kind regards,
Kerry Hudson
President LCSSA