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Hi
I have just been through the latest emails and have extracted the following which, it seems to me, allows applications for remote appearances at court by advocates on the day and for reasons other than health (shielding or self-isolating”.
If anyone disagrees, or if there is something more recent justifying today’s DJ’s confident assertion that only medical grounds will do in an application prior to the date of hearing, please let me know.
Letter from Lady Justice Thirlwall, Senior Presiding Judge of England & Wales and Lord Justice Haddon-Cave, Deputy Senior Presiding Judge of England & Wales dated 25th June 2020
“Decisions to use live link must be made in the interests of justice”
“Where appearances by live link are expected an application can be made and direction given at the beginning of the hearing, applying the broad “interests of justice” test.”
Further statement issued Sunday 21 June 2020:
From the Judicial Office:
o Representatives expecting to appear remotely may make their application for a live direction at the beginning of the hearing as the live link opens explaining briefly the reasons.
o The court will rule at the outset on the live link application applying the broad “interests of justice” test (having allowed any other parties to make representations).
o Where the court list indicates the hearing will be “by live link” this will be a strong indication that a live link direction will be made and in cases, such as e.g. first appearance in remand hearings, the making of live link directions will continue to be routine.”
Message from the Chief Magistrate and Deputy Chief Magistrate:
“As part of the interests of justice test, one part of the consideration may be that remote working will enable defence representatives to be in several courts in a morning. If that were a reason given for the application for a remote link in an overnight case, we would find that to be in the interests of justice. There is a great shortage of legal aid solicitors and if this assists them to stay in business, it is in the interests of justice for that to happen. I am being told that defence firm financials are very fragile at the moment as result of zero Crown Court income as well as a reduction in volumes in our courts. Many defence firms have furloughed solicitors and support staff. It will take time for them to manage their resources for attendance to become the norm again. This is aside from the understandable anxieties that there are in returning back to work generally and, specifically, back into courtrooms. I am sure we will remain sensitive to their challenges.”
Emma and Tan 21st June 2020″
Issued Saturday 20 June 2020:
“…the law and Criminal Procedure Rules should be followed with the expectation that advocates will attend in person unless they have made an application to the court to attend remotely. Such applications do not have to be in writing. Therefore, if an advocate has a Magistrates’ court hearing on Monday 22nd June and has not applied formally to appear remotely they must either attend court or contact the court applying for leave to attend remotely. This can be done by a phone call or in writing (email).”
Abigail Pavitt
Solicitor
Amphlett Lissimore (incorporating Hartnells)
Tel: 020 7703 9222
Email: a.pavitt@allaw.co.uk
CJSM Email: A.Pavitt@allaw.co.uk.cjsm.net (this email will only receive email from other CJSM accounts)
Branch Address: Amphlett Lissimore, 2 Camberwell Church Street, Camberwell, SE5 8QU
DX: 35304 Camberwell Green
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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
Sent: 04 July 2020 11:39
To: members@mail.lccsa.org.uk
Subject: remote working (court)
Coronavirus (COVID-19)
In accordance with recent Government advice regarding COVID-19, many of our staff are now working from home. Letters sent to the office may not reach them straight away, and it will take them longer to reply by post. Please use email or phone whenever possible.Hi
Re: remote working (court)
A DJ at Bromley Magistrates Court told me today that there now needs to be a medical reason for remote appearances at court and the request has to be made before the date of hearing. A medical reason only is not exactly taking a broad approach to the interests of justice criteria and I don’t know how making a request before the hearing possible for overnight cases.
I thought there was some sympathy for firms trying to keep costs down and advocates being able to cover more than one court by using the video link. It also seems to me to contradict the government guidelines which remain to work from home where possible and avoid rush hour transport which was what I was using to explain my requests.
I assumed there’s been some change to the guidance (which I haven’t seen, but I may well have missed). However, on sharing this at Amphlett Lissimore solicitors I was advised not.
Can anyone add anything?
Abigail Pavitt
Solicitor
Amphlett Lissimore (incorporating Hartnells)
Tel: 020 7703 9222
Email: a.pavitt@allaw.co.uk
CJSM Email: A.Pavitt@allaw.co.uk.cjsm.net (this email will only receive email from other CJSM accounts)
Branch Address: Amphlett Lissimore, 2 Camberwell Church Street, Camberwell, SE5 8QU
DX: 35304 Camberwell Green
Follow us and keep up to date with our news and events
Email fraud warning
If you receive an email with details of our bank account so that you can pay us money, always telephone us to confirm the bank details using a telephone number you already know, not any number quoted in the email.
This is because the email may be from a fraudster, not from us, and the bank account details may be false. Criminals have been known to intercept genuine emails from solicitors and forward them on with the bank details changed, so however authentic the email looks you must not rely on it. In the same way, if you send us bank details by email we will normally phone you to check before we send money to you.Amphlett Lissimore Bagshaws LLP - a limited liability partnership no. OC356781 registered in England and Wales. Registered office: Greystoke House, 80-86 Westow Street, London SE19 3AF. Authorised and regulated by the Solicitors Regulation Authority
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