I would tally the attendances and if exceeds the fixed fee put a claim for an Exceptional Case and argue that the request made by the officer is a ‘Special Request’. I don’t think it requires the client’s attendance.
9.10 You may claim for Police Station attendance on any Matter falling within Paragraph 9.9 above if one of the following
exceptions applies and the Sufficient Benefit Test is satisfied:
(a) an interview or an identification procedure is going to take place;
(b) the Client is eligible for assistance from an appropriate adult under the PACE codes of practice;
(c) the Client is unable to communicate over the telephone;
(d) the Client complains of serious maltreatment by the police;
(e) the investigation includes another alleged offence which does not fall within Paragraphs 9.9(a) to (d) above;
(f) you are already at the same Police Station, in which case you may attend the Client but may not claim more than the Police Station Telephone Advice Fixed Fee;
(g) the advice relates to an indictable offence; or
(h) the request is a Special Request.
Ines A. Diab
(Solicitor)
ULA Solicitors (Incorporating Ullah Law Associates Solicitors)
152 High Road
Willesden, London
NW10 2PB
DX: 57656 Harlesden
Tel: 020 8451 0236
Fax: 020 8451 8876
Email: inesa@ulasolicitors.com
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ines.diab@ulasolicitors.cjsm.net
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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
On Behalf Of Harvey Fox
Sent: 20 November 2018 17:45
To: 'Claire Anderson' <Claire.Anderson@abvsolicitors.co.uk>; Barbara Hecht <bh@hechtmontgomery.co.uk>
Cc: members@mail.lccsa.org.uk
Subject: Site visit
Is going to turn on whether you can turn it in to the definition of an interview as defined by Code C “the
questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences.” The fact the Police request your presence may suggest there is an element of questioning envisaged.
An obvious analogy is presence at searches which maybe not for a long time but I never had trouble getting paid
for.
Harvey Fox
Police Station Advice Coordinator
FREEMANS SOLICITORS
07973 259382 (24 Hours)
Secure email:
harvey.fox@freemans.cjsm.net
From:
members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk]
On Behalf Of Claire Anderson
Sent: 20 November 2018 17:36
To: Claire Anderson <Claire.Anderson@abvsolicitors.co.uk>; Barbara Hecht <bh@hechtmontgomery.co.uk>
Cc: members@mail.lccsa.org.uk
Subject: Re: Site visit
At least i think it’s a no!
Sent from my iPhone
On 20 Nov 2018, at 17:34, Claire Anderson <Claire.Anderson@abvsolicitors.co.uk> wrote:
No.
Sent from my iPhone
On 20 Nov 2018, at 17:24, Barbara Hecht <bh@hechtmontgomery.co.uk> wrote:If a client has been Released under Investigation and the Officer in the Case wants to do a site visit of the client’s home with you present. Is that covered under the Fixed Fee???
Barbara Hecht
Hecht Montgomery Solicitors
Van Gogh House
158 Twickenham Road
Isleworth
Middlesex TW7 7DL
88 Kingsway
London
WC2B 6AA
Telephone: 020 7112 9188 Fax: 020 7112 4993 Mobile: 07930 328091
Secure email: barbara.hecht@hechtmontgomery.cjsm.net
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Provision of Service Regulations 2009: We comply with the above regulation by displaying the required details of our Professional Indemnity Insurance in our office. This firm is regulated by the Solicitors Regulation Authority. Registration Number: 567087 www.sra.org
The Principal of this firm is Barbara Hecht
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