RE: Have LCCSA/CLSA organised a meeting to discuss moving back to remote attendance? Maggie Frame 13 Dec 2021 18:03 GMT

Good evening to you all,

This issue is arising as we are behind the government's announcements.  Everything is already starting and we don’t know where we stand.

Our representatives have regular meeting with the police and the other groups. They have done this for some time during the pandemic.

As our representatives, you are not moving fast enough. This is placing hardworking solicitors under a great deal of stress.  Please at least tell us what is happening.

As for the rest of my colleagues no one can critisise you for safeguarding your staff member.  If it was a court that agreed this then a decision was made to allow you to assist your client that is the end of it and so you will be paid by the LAA for the work you have done.

If you simply refused to attend the hearing because your staff member was sick then you wont be paid for that attendance but you will be paid overall for the case if you have legal aid.

At Court at the present time you apply to the court and the court can decide to allow you to attend remotely if there is a good reason(pregnancy) is a good reason and if the hearing is one that can in their view be dealt with remotely.

Ive just read the article claiming that the remote system didn’t work ;its more involved than that.  I advice all of you to read the actual report.  The overall feeling was that most representatives and others found it helpful it was only the judiciary that said it added to their stress but it was pointed out that this could be resolved by ensuring communication between those at court and those dealing remote.

I urge you to read the actual document and make up your own mind.

Our position is this at the moment; we don’t know what has been agreed or is going to be agreed between our representative bodies and the police, AA service, Courts and others.

The statement from the LCCSA as to what they are trying to obtain is not enough and we need our position to be brought into line with what the government is asking us to do. Its simple if you can work from home do so.  We can and we should.

In both the Court and the police station we must be allowed to deal remotely. That is the only way footfall will be reduced.

In the court all matters except perhaps Trials and sentencing hearing should automatically be remote. This has been agreed in the crown court and so it must be workable in the magistrates court. The courts must be told that where with certain allowances and alterations sentencing hearing and some Trials could also be remote they should be. The CVP system has one issue and only 1 and that is that it is difficult to hear everyone in court because the court will not improve its systems so that we can hear properly.  They don’t want remote because it forces communication with the representative before the hearing and in reality the issues they have with it also occur when we attend its just that they don’t have to do anything to resolve it as its left to the defence to somehow obtain the evidence etc.

When did any prosecutor ever stop dealing with their list to agree anything with the defence.  Perhaps in Trials they do but there is ample facility to achieve this remotely.

I have been told that our representatives get all emails sent to the members email list as they are members so they are aware of what is happening at the front.  They are reading our emails just as we are.

Please, Please clarify what is happening and when its going to happen before its too late.

The government wants this in place quickly to allow time for all age groups to be vaccinated.  Why are we not assisting with this.

Kind Regards

Margaret Frame ( Partner )
Brooke Lavington Law
17 – 21 George Street
Croydon
Surrey
CR0 1LA

Telephone : 07939 088264
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-----Original Message-----
From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Keima Payton
Sent: 13 December 2021 16:23
To: listA@lists.clsa.co.uk; Members
Subject: Have LCCSA/CLSA organised a meeting to discuss moving back to remote attendance?

I also would like to know if there is a date by which the Police (or more importantly the LAA as what we really want to know is whether we will get paid if we do remote attendance) are meeting with defence representatives to discuss this issue. Has anyone organised a meeting/call regarding a return to remote attendances yet? People are dying and our current PM is telling people not to assume the new variant (which is spreading) isn’t a killer. How long must we wait for an answer?

In London police frequently ask if we are remote as they seem to prefer it to. I have no idea why this is taking so long to organise... people are dying and we rock up to unventilated people packed rooms daily and the variant is spreading at an alarming rate. Tick Tock

Keima

Richard - Even if police allow remote you can't claim for them. So this may be worth bearing in mind if you have an audit coming up...

-----Original Message-----
From: Richard Graham <Richard@grahamsolicitors.co.uk> <clsa-egroup@talk.netatlantic.com>
Sent: 13 December 2021 15:53
To: listA@lists.clsa.co.uk
Subject: Police station protocol

Dear all,

Especially those on the committee.

Do we have any concrete plans or meetings in place to discuss the latest police station advice regarding attendance?

I know the LCCSA produced something but not the CLSA as far as I’m aware. (Happy to be corrected)

We have had an issue whereby I refused to send a member of my staff as she was pregnant. Has been doing them remotely and the issue arose. I had no one else to send and the police decided to make it a huge issue.  Client was an old own client so good as gold - luckily.

Apparently we have been reported to the LAA by the police for not following the national protocol.

I didn’t enter into any national protocol. And I can’t delegate my responsibility as an employer for their health and safety.

We really could do with some clarification soon to cover the Xmas period.

 I’ve been asked what contingency plans we had in place because the police have to have one… I said we don’t have that many staff; and we aren’t duty bound to put ourselves in harms way.

Richard
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