Thanks David

Really useful

Stay safe

 

From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of David Benyahia
Sent: 16 April 2020 22:26
To: Shofna Begum <shofna.begum@stewartbegum.co.uk>
Cc: Members <members@mail.lccsa.org.uk>
Subject: Re: Croydon MC and overnight cases

 

Dear Shofna,

 

I can see that it is possible to carry out a Brixton custody duty remotely, though there are practical difficulties to be addressed (in addition to the LAA point that Bruce raises).

 

Acting remotely, you would be dependent on the digital host legal advisor having the time to keep you appraised of the court list and which defendants require duty and/or whether their own solicitors have made contact electronically or attended in person. My view today was that they were online to the courtroom continuously and kept busy juggling the list and getting everyone online at the same time. With two legal advisors and a list caller all involved in the operation of the courtroom, it got pretty chaotic in there at points.

 

In addition, there continue to be two custody solicitors on rota for each of the overnight courtrooms. Unless you happen to know who the other duty is and have a number for them, it’s going to be very difficult to liaise in dividing up the duty workload. I wouldn’t want it to be left to the digital host advisor to decide who should do what.

 

As everyone at the court gets more comfortable in the use of the CVP system, hopefully the problems I foresee will be easier to address. For now, my personal view is that it is going to be much easier to cover a Brixton custody duty by being at the courtroom. I of course appreciate that we all have our own decisions to make about how we work at the moment.

 

As regards bail duties, they have effectively fallen away until such time as the courts start listing bail work again. I don’t see that one could justify attending court as a bail duty solicitor until the bail lists return. I welcome correction from members who know more about legal aid and billing (which is anyone and everyone!).



Regards,

David

 

David Benyahia

Solicitor

Email: law@davidbenyahia.co.uk

 

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On 16 Apr 2020, at 21:38, Shofna Begum <shofna.begum@stewartbegum.co.uk> wrote:

 

Does that mean that if you are Brixton custody duty you do not have to physically attend the courthouse and just be a available remotely?

 

Are bail duties required to attend?

 

On Thu, 16 Apr 2020 at 19:52, David Benyahia <law@davidbenyahia.co.uk> wrote:

Good evening everyone.

 

I thought I'd write after my experience as duty solicitor today at Croydon Magistrates’ Court and to share what I hope are some useful notes on how the court is currently dealing with overnights.

 

Apologies if this duplicates information shared by others in the group.

 

 

Overnights from Croydon

 

It appears that Croydon Custody Centre currently has no ability to video-link in to the court. All defendants appearing today from Croydon Custody Centre were produced in person.

 

As was the practice the last time I was at Croydon MC, defendants can be brought up to the dock in courtroom 10, which is currently unused, for consultations.

 

 

Overnights from Brixton

 

All defendants appearing today from Brixton Police Station appeared via video-link (the new ‘CVP' system).

 

The courtroom was operating with two court clerks. The first was present in the courtroom with the judge. The second appeared remotely from home and was acting as a digital “host”, marshalling the various parties on to the same video-call for each hearing.

 

If you have an overnight from Brixton, you should email CVP.Croydon@justice.gov.uk (note the upper case letters) and set out which defendant you are representing and provide a direct contact number for yourself. To avoid any confusion, I’d suggest a separate email for each case you have. This email is answered by the “digital host” court clerk, who will respond with a link to click on when your case is called on.

 

The CVP system does not require any software or app to be installed on your laptop.

 

The CVP system permits us as “guest users” only to dial into the hearing. It cannot be used to dial any of the other parties to the hearing (CPS, Probation) or to the police station for a pre-hearing consultation. The court is not using its existing video link booths at this time.

 

To have a pre-court consultation with your client at Brixton, dial 0790 060 7769 when you’re ready. This is the direct number for the video-link DDO at Brixton. Tell her who you’re representing and she’ll call you back a couple of minutes later to facilitate a telephone consultation with your client. In the matter I was involved in, the defendant confirmed that he was speaking to me in a private room. There is only one room at Brixton available, so there may be a queue.

 

You then email back the digital host clerk to confirm that you’re ready to be called on.

 

As I was present in the building and courtroom today, I didn’t use the links to connect digitally for any hearing. I saw a couple of solicitors appearing remotely and, with a few teething troubles, it appeared to work okay.

 

Probation are appearing remotely, albeit from their office on the second floor.

 

The prosecutor also appeared remotely, albeit from the CPS office across the concourse (this was after she had been in the courtroom this morning as we first reviewed the list!).

 

As far as I’m aware, there’s no way to use the system to speak privately with the prosecutor ahead of your case being called on. I would hope that the digital host clerk could provide a contact number or email address for them.

 

 

General notes

 

The CVP system does not appear to be compatible with the prison video-link systems, so not much use if your client is currently a serving prisoner.

 

Where a defendant pleads guilty and is granted bail pending sentence, Probation are not offering any interview appointments. The judges are not directing reports. Rather, sentencing is being adjourned for a month for a mention hearing, at which the defendants are excused.

 

I didn’t see a case where a defendant pleaded guilty and was remanded pending sentence, so I’m not sure what Probation are offering to the court in those circumstances. I got the impression that it’s either bail and adjourn or proceed straight to sentence. Saw a few curfew orders being imposed as an alternative to reports.

 

 

Hope this is of some use.

 

Regards,

David Benyahia

 

 

David Benyahia

Solicitor

 

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Shofna Begum

Solicitor

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London | EC3N 1DD

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Email: shofna.begum@stewartbegum.co.uk

 

 

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