The NPCC and policing leads had their own concerns about the legality of remote interviews and the rep bodies fought for the exceptionality clauses to maximise options.  Had we attempted to list lots of scenarios, all we would have achieve was a limitation of scope.

 

I cannot set out when exceptional cases are triggered nor guarantee any outcome on assessment.  What I do advise is:

 

Have a clear record justifying why the case meets v.4

Agree it with a custody sergeant (not the OIC) and take a record of their name / shoulder or warrant number

Ask that they enter the agreement on the custody log and agree an exception number

As has always been the case, record the client’s informed consent.

 

The LAA have said they will fund cases according to the protocol so provided the reasons are sensible I do not believe they should criticise on audit.  It should be pandemic related as said below.

 

 

The opening paragraph of the protocol is explicit that it solely exists to deal with COVID related issues.

 

Remote representation can not be authorised for any other reason.

 

 

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