Youre not wrong Bruce.

How is this going to work for overnight remands and call overs I wonder? Lack of cell space will mean the prisons and police will still be producing via link. The CPS will obviously get blanket exemption to continue to dial in. It'll be the likes of us forced to run the gauntlet of public transport, jumped up security guards and the filthy court estate. We will continue to wait all day long for our cases to be called on, only now we will be marshalled into a strict socially distanced que which winds round the block.

The fact that they have published this on a weekend and expect dutiful compliance for Monday shows nothing but utter contempt for those of us who defend in the mags.

From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> on behalf of Bruce Reid (via members list) <members@mail.lccsa.org.uk>
Sent: 20 June 2020 16:17
To: LCCSA <members@mail.lccsa.org.uk>
Subject: Remote working no longer the norm as of next week

https://crimeline.co.uk/judicial-office-statement-remote-working/

You all should have seen this, although I imagine it was sneaked out on Friday evening to discourage comment. Prior permission to attend remotely has to be sought from the DJ or JJs. The Court staff do not answer emails or the phone promptly to say the least so we can discount much happening before 10.00. The decision is a judicial one, that presumes that the Defence must be heard on it. How? I am not in Court and I can't speak to the Judge. How is that due process? If I am obliged to appear, my custody client's case will be perforce delayed whilst I travel to court

It will be interesting to see if it applies to the CPS, I doubt it.

The fact is that remote working is too slow for HMCTS and the Senior Judiciary's liking. They assume that if a Defence advocate is there then they can speed things up. As usual the Defence are being penalised for systematic faults elsewhere. Until last week there was no phone link to the cells at Croydon to reach a remote advocate - 3 months after the remote system was implemented. There are comments elsewhere about the widespread recording of or at the very least, the insecure nature, of remote solicitor client interviews.Most of us can report an entire day spent at our desktop waiting for HMCTS and the CPS to get its act together. My record for one day's overnight case was 34 emails made and received. I doubt I am eligible for a LCCSA Gold Medal.

Most remote CPS advocates in the magistrates Courts do not provide a mobile number to the Defence, despite requests and they do not answer emails on the day. Communication could scarcely be worse.

The Government has reduced the threat to level 3, politely, it's guidance has been wanting in accuracy hitherto. This is an adjustment of 'safety' levels for purely political reasons. They will not be able to shift the backlog of cases unless we are present. When bail cases are listed again the day will run into the evening as a matter of course.

I foresee a situation where the Defendant is appearing remotely from the station, the CPS rep is safely at the kitchen table with their laptop and the only person exposed to danger in the courtroom is me.

Anyone think I am wrong?

Bruce Reid

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