Dear All,
There will be changes to the protocal in light of Boris Johnsons move to plan b. Then there will be further restrictions by the 18th December 2021 to try and stop spread of Omicron ;fast becoming the dominant strain.
At present we don’t have something that we can be using now. We are working from protocal 4 but being told that there have been 2 changes in last few days.
Please don’t lose the right for client to choose own solicitor or a named duty solicitor under any new protocal. Basically a step backwards as this exception when self isolating etc was available under protocal 4 and must not be lost when protocal moves to dealing with most client’s remotely.
Keep it simple, and clear as otherwise we have nothing but an uphill struggle dealing with clients. Custody sargeants like the rest of us are getting fed up with everything and the pandemic in particular.
Trust me when I say the custody centres are making up their own rules now. WHY?
The way things are going we are better protected at court than in police station were the need for protection is greater. This is where the small unventilated rooms and long consultations take place.
I am fast becoming fed up with us being treated as the representatives of AA from the scheme. We have nothing to do with them and should have nothing to do with their decision to attend. That must be via whoever employs them and their own internal risk assessment. Their interpretation of the guidance from government.
They cannot force solicitor attendance to cover their backs because they do not do their job even though physically present.
In reality they have the role of aiding understanding and we have the role of providing legal advice.
Custody sergeant assesses fitness mentally and physically of detention and fitness for interview.
We are not being placed at risk because no one else can be bothered to do their job. ‘Just get a solicitor here so we don’t have to, as if they are present its all on them’.!!!!!
The move cannot be just back to protocal 3 and if that’s all that can be achieved despite what Boris Johnson has advised then we cannot lose the exceptions in Protocal 4 which rectified a serious error in protocal 3. Exception 2 under par 23
All decisions need to be much faster and capable of quick amendments as by Christemas , the way this is going now, we will be in full lockdown just in time to ruin yet another christemas for everyone.
Also when you are reading the comments of myself and others please note that we are being exposed to risk and at least 1 writer has Covid 19 now.
So the message here is keep the drafting unequivocal and simple and ensure that we can work from home;remotely ,as we can;it is possible and that is in line with government guidance.
We should not have to argue with the custody sargeants just to ensure that our right to work in a safe environment is protected. That needs to be resolved between the various representatives who are attending the meetings.
If the police try to stop us being safeguarded now please refer them to the governments plan b.
Please stop worrying about whether the LAA will provide contracts only to 2 large firms in the future. They wont as there is no way working remotely will ever become the norm. The courts won’t have remote working as soon as the pandemic is resolved or even partially resolved and neither will the police.
Please protect solicitors and the NHS by ensuring we can work remotely until this Omicron issue is resolved and we see whats happening. Follow the governments guidance and be ready for more restrictions on the 18th December 2021. If protocal 4 is staying and we are to use exception 3 please make it possible for us to use this and make sure all custody suites are on board.
Kind Regards
Margaret Frame ( Partner )
Brooke Lavington Law
17 – 21 George Street
Croydon
Surrey
CR0 1LA
Telephone : 07939 088264
Email : maggie@brookelavingtonlaw.co.uk
Secure email : margaret.frame@bll.cjsm.net
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