The issue with that is that live-link has been allowed since the Policing and Crime act 2017 amended s39 PACE for the purpose of police officers but not legal representation.
Strictly speaking the police can not do this though as s39 requires the detainee be in police detention.
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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
On Behalf Of Sebah Naz Baig
Sent: 20 December 2021 16:21
To: members@mail.lccsa.org.uk
Subject: Remote Attendances
Dear all
I thought it may be worth mentioning a particular issue that has arisen which members may be interested to know about and may assist
with any further negotiations with the NPCC.
A client (a serving prisoner) is due to be interviewed under caution. Having finalised a date with the prison, the Officer (Met Police)
then informed us that they will be attending remotely along with the interpreter whereas the legal representative is expected to attend in person(!). They have also communicated this to the Prison.
When the Officer was challenged about this on three occasions, requesting justification for their attendance remote, the reply was
“I am aware of the protocol thank you – the Omicron variant, childcare issues and not wanting to delay the interview any further as I won’t be free until January if we didn’t go ahead
with this date. I have discussed this with my line manager who is in agreement.”
It seems to me that the Police are picking and choosing what suits them best???
Kind Regards
Ms Sebah Naz Baig LLB
(Hons)
Duty Qualified Consultant Solicitor
SNB LEGAL
07931 359 432
Secure CJSM - naz.baig@snblegal.cjsm.net
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