It's a tough subject given our historic commitment to clients but fundamentally I do not believe face to face manoeuvring  through a magistrates court is safe .There are unresolved issues about the effectiveness of masks , the risk of repeated exposure leading to viral load and interaction with people who have themselves been multiply exposed .

My view of the duty that arises from Health and Safety at Work Act is that sending staff into this environment is not permissible or in accordance with any risk assessment .

It follows that we simply tell the Court we will not attend .We can assist remotely . 

I suppose we should not be surprised at the complete failure of the institutional bodies to put safety of staff and the safeguarding of the legal professionals first , an issue that stands out as a stark irony when one considers the whole edifice of SRA  , MoJ , HMCTS , LAA and Contracting with all those rules , obligations , roles , business plans , risk assessments , Iexcel , quality marks and the other paraphernalia of their managerialist approach .



Sent from my Samsung Galaxy smartphone.


-------- Original message --------
From: Julian Young <Youngj@tuckerssolicitors.com>
Date: 07/04/2020 20:27 (GMT+00:00)
To: Dapo Olorunsola-Elias <Dapo.o@simonbethel.co.uk>
Cc: LCCSA <members@mail.lccsa.org.uk>
Subject: Re: DUTY SOLICITORS ATTENDANCE AT COURT - COVID 19

I note the almost total silence, guidance and announcements from the LAA. 

Julian Young 

Sent from Julian Young's iPhone

Julian Young  |    |  Mobile: 07956 502069
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On 7 Apr 2020, at 20:08, Dapo Olorunsola-Elias <Dapo.o@simonbethel.co.uk> wrote:



Dear All,

Please find below an email/advice I received today from the Magistrates’ Court [londonholo].

My reading of this email is that all custody duty solicitors would still be required to attend at court until a final go-ahead is given on remote working.

I hope this helps.

 

Dapo Olorunsola-Elias

Simon Bethel Solicitors

 

From: londonholo <londonholo@justice.gov.uk>
Sent: 07 April 2020 12:29
To: Dapo Olorunsola-Elias <Dapo.o@simonbethel.co.uk>
Subject: RE: DUTY SOLICITORS ATTENDANCE AT COURT - COVID 19

 

Good afternoon,

 

May I firstly apologise for the delay in replying to you. 

 

Re: bail duty solicitors, there is no need to attend court. 

 

Re: Custody Duty Solicitors, we are endeavouring to provide the ability for remote custody duty service. At present we are testing this at Croydon Magistrates’ Court with overnights from Brixton and Walworth Road Police stations. We are also hoping to start the process at Bromley Magistrates’ Court later on this week.

 

Kind regards,

 

Lizzie

 

Lizzie Lakehal

Business Support Manager to Stephen McAllister, Head of Legal Operations (Justices' Clerk)

 

London Region | City of London Magistrates’ Court | 1 Queen Victoria St | London | EC4N 4XY

Email: londonholo@justice.gov.uk

Website: gov.uk/hmcts

 

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Coronavirus (COVID-19): courts and tribunals planning and preparation

 

Here is how HMCTS uses personal data about you

 

From: Dapo Olorunsola-Elias [mailto:Dapo.o@simonbethel.co.uk]
Sent: 31 March 2020 10:59
To: londonholo <londonholo@justice.gov.uk>
Subject: DUTY SOLICITORS ATTENDANCE AT COURT - COVID 19

 

Dear Sir/Madam,

 

I would be grateful for guidance/answers in respect of the following queries:

 

  1.  Bail Duty Solicitors: Is a bail duty solicitor still required to attend court in view of the fact that, no bail cases are being heard in court during this period of lockdown?
  2. Custody Duty Solicitors: Is there still a requirement to physically attend court? Can a custody duty solicitor provide their service remotely through video link during this period of lockdown?

We have a few duty slots coming up in the next couple of days and I would be grateful for your guidance in respect of the above.

 

Dapo Olorunsola-Elias

Simon Bethel Solicitors

 

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