Please do read the lecture notes I have circulated here prepared by HHJ Wood on the CA 2020 and regulations.  

it is down to us to pressure the courts to hold remote hearings in the same way as we are doing at the PS. We have the legislation, let’s use it.  At the higher judicial and governmental level the will is very much there and it was made clear that the lower courts should be following the CC, albeit there are currently still some technical limitations.  It was also made clear that so long as the hearing falls within the legislation there would have to be exceptional reasons why there was not a remote hearing as allowed by the legislation.  These decisions about remote hearings are appealable.  So far, we are in early days.  Soon we will be confronted by the prospect of expiring CTL and trials/sentence hearings.  

Today a friend and I (mainly her) successfully navigated our way round making an application for directions for a remote hearing in the MC which was initially refused - using the legislation.  The hearing was held by  BT MeetMe

For many overnight cases there are simple solutions if you look at the legislation.  For instance, if the CPS can be persuaded to agree bail, all parties can attend by audio only.  Even where bail is contested only the D needs to be produced (by video), we can attend by audio link.  

On a practical note we need designated contact numbers for court staff/legal advisers dealing with overnights and also for CPS lawyers at each court available from early in the morning.   LCCSA please can you assist?   If the police insist on refusing bail, instructions for a a bail application can be taken the night before by phone call to the client in the PS. 

This does not of course deal with the knotty problem of unrepresented defendants and custody duties.  But the counter argument to having NO lawyers present at courts are very well documented here.  (lengthy but a good read)

https://crimbarrister.wordpress.com/2020/04/08/try-me-kangaroo-court-sport/amp/?__twitter_impression=true&fbclid=IwAR0w9Wd0TX68vl5McZxhbkod-U9QrMack3YO-Jxol5mqVhmgtQTWOJi82Zk


(sorry link may not work, copy and paste to URL)

We need to think collectively how we can balance  protecting the rights of vulnerable people in custody with safety concerns.  It is not an easy balance and we are all struggling with it. 


Kindest Regards
Ros
Ros Olleson(solicitor)
07951 242 693
Secure Email:  ros.olleson@rosol.cjsm.net

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On 8 Apr 2020, at 22:23, Paul Firmin (via members list) <members@mail.lccsa.org.uk> wrote:

Hello Rhean

You have absolutely nothing to thank me for.  The current situation is all about respect - for yourself and others and nothing to do with how Partners chose to run a firm etc.  If you wish to infect yourself with C 19 we live in a democratic society and you live with the choice / risk you take.

But when you spread the virus ( to the totally unsuspecting )  in full knowledge of the   
Exponential sums involved, That smacks of utter brainless stupidity.  Nothing to do with running a firm, tolerating dissent or the other self serving crap we have all seen in recent times.  All in the face of Government advice, NHS pleading etc of course

The breathtaking combination of Arrogance and stupidity ...

Sent from my iPad

On 8 Apr 2020, at 13:43, Larry Mathews <larrym@efbw.co.uk> wrote:

I would like to pay tribute to those advocates who are continuing to attend the magistrates court to represent clients in custody.
 
This is clearly an unfashionable position to take, as their efforts are met by what appears to be embarrassed silence on the part of the LCCSA and outright condemnation from some quarters.
 
Speaking of which, another day, another ritual shaming by e-mail of a solicitor who has had the temerity to secure representation for their client at court. I find this pretty unedifying. It has resulted in the person concerned feeling pressured into issuing a grovelling apology and then having to plead to be left alone as her integrity is called into question. I found this spectacle absolutely despicable. I was the advocate who dealt with the case at Highbury Corner Magistrates Court today, and was honoured to do so. As far as I am concerned, neither she nor I have anything to apologise for.
 
Those of you who oppose attendance at court have ventilated your opinion in this forum a hundred times or more. This constant calling out of people whose views do not accord with your own smacks of an unwillingness to tolerate dissent which I find deeply disturbing.
 
Those who have continued attending court have provided vital assistance to a great many defendants who have not been afforded the luxury of waiting for virtual court technology to come onstream.
 
I salute them.
 
Larry Mathews
 
From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Emma Clements
Sent: 08 April 2020 13:19
To: Rhean Bailey
Cc: Members
Subject: RE: COVER Highbury Corner mc tomorrow
 
If anyone has any further comment about the way my firm conducts its practice, please email me directly rather than emailing all members.
 
To accuse me of putting other people’s health at risk is an awful accusation. If no one is willing to attend, I will inform the court accordingly. I am not responsible for the decisions of others who wish to attend court to pay their bills.
 
As with many others, I am having a very stressful time at the moment. Yes, I’m very lucky that my husband hasn’t died. My father is currently having cancer treatment and so I have the worry that goes with that. This is not a competition over who is suffering the most.
 
Having to endure this criticism for merely trying to fulfil my professional obligations is not helping anyone.
 
Please direct any further comment to those who are responsible for allowing the unsafe practices to continue.
 
Emma Clements 
 
 
 
 
From: Rhean Bailey [mailto:rb@goldmanbaileysolicitors.co.uk] 
Sent: 08 April 2020 13:00
To: Emma Clements <eclements@wiseman.co.uk>; Greg Powell <GregPowell@psplaw.co.uk>
Cc: Members <members@mail.lccsa.org.uk>
Subject: RE: COVER Highbury Corner mc tomorrow
 
My view is that anyone still willing to send solicitors to court has to accept that they are putting that person's health at risk in doing so, and then risking onward transmission of CV - to clients, court staff, everyone you come into contact with. Some of us on this group already have loved ones fighting CV in hospital, who haven't been lucky enough to recover at home. It's terrifying and it makes it very real.
 
Seems to me that attending is directly enabling/condoning the continuation of unsafe working practices at the magistrates' courts. Which would have to change pretty much overnight if we didn't. See: crown courts.
 
Also have zero ideas how firms believe this is complying with H&S legislation, let alone any kind of employment law.
 
Yes some courts might try and deal with unrepresented clients and they will need crap outcomes urgently challenging. And yes, this situation is a nightmare for all of us on every level. But honestly, now at a total loss...
 
Take care, all.
 
Rhean 
 
 
 
Sent from my Samsung Galaxy smartphone.
 
 
-------- Original message --------
From: Emma Clements <eclements@wiseman.co.uk>
Date: 08/04/2020 10:19 (GMT+00:00)
To: Greg Powell <GregPowell@psplaw.co.uk>
Subject: RE: COVER Highbury Corner mc tomorrow
 
Dear Greg
 
I absolutely appreciate the seriousness of the situation. My husband is only just recovering from the virus after a very worrying couple of weeks.
 
I am not sending anyone to police stations. At Highbury Corner and Thames, there is no facility for remote attendance.
 
I was one of the first to refuse to attend court even before the lockdown and as a result, my client was sentenced in my absence despite the matter being listed only to re-fix a trial date.
 
Kind regards,
 
Emma Clements
Wiseman Lee LLP
 
From: Greg Powell [mailto:GregPowell@psplaw.co.uk] 
Sent: 08 April 2020 08:19
To: Emma Clements <
eclements@wiseman.co.uk>; LCCSA MEMBER LIST <members@mail.lccsa.org.uk>
Subject: Re: COVER Highbury Corner mc tomorrow
 
My colleagues cousin aged 34 in good health died .
My colleagues best friend s dad ,  a bus driver , died . 
My ex colleagues mother died . 
And you are still attending Court ? 
 
If we all do not go remote solutions for a handful of cases will be found . 
 
 
 
 
Sent from my Samsung Galaxy smartphone.
 
 
-------- Original message --------
From: Emma Clements <eclements@wiseman.co.uk>
Date: 07/04/2020 20:45 (GMT+00:00) 
To: LCCSA MEMBER LIST <members@mail.lccsa.org.uk>
Subject: COVER Highbury Corner mc tomorrow 
 
Hi is anyone available for a client in custody tomorrow please?
 
Kind regards 
 
Emma Clements 

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