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covid19_advice
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covid19_advice [2020/03/19 19:39] frescom |
covid19_advice [2020/03/19 19:49] frescom |
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| Clearly all police station reps need to use common sense during this virus crisis. For those reps who are working independently this will be a difficult time financially. But your own health and the health of others has to be the first priority. | Clearly all police station reps need to use common sense during this virus crisis. For those reps who are working independently this will be a difficult time financially. But your own health and the health of others has to be the first priority. | ||
| - | Quite simply if you have symptoms or you have underlying health issues then you should not be working. | + | The National Police Chiefs' Council (NPPC) has issued guidance to forces on COVID-19 precautions in custody suites. Section 4 concerns external visitors, including legal advisors. It states: |
| + | "Enabling detainees to exercise their right to legal advice is essential. Custody staff should work in conjunction with legal representatives to ensure this process is effectively managed. Consideration should be given to telephone advice in appropriate circumstances." | ||
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| + | Quite simply be sensible but if you have symptoms or you have underlying health issues then you should not be working. If you are not comfortable with the risks then do not attend the interview. | ||
| - If you are in an at risk group you should not attend police station interview. \\ | - If you are in an at risk group you should not attend police station interview. \\ | ||
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| The 1984 Police and Criminal Evidence Act (PACE) and the related Codes of Practice contain general provisions to ensure the health and safety of those in police custody. | The 1984 Police and Criminal Evidence Act (PACE) and the related Codes of Practice contain general provisions to ensure the health and safety of those in police custody. | ||
| - | The key points are: | + | The key points to note are : |
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| + | * Importantly the guidance states that police station reps should disclose information about health risks to the police. Regardless of privilege if you become aware of information that indicates a detainee may be a risk that information should be disclosed at the earliest opportunity. | ||
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| + | There will be situations where the solicitor considers a level of risk exists but the legal relationship with the detainee might prevent those details being shared with the police. This should not prevent you informing the police of the general nature of the risk without disclosing specific information. A solicitor should always inform the police if there are particular concerns which may require alternative or specific arrangements for the custody and care of the detainee. | ||
| * On arrival, the custody officer shall determine whether the detainee is, or might be, in need of medical treatment or attention (Code C, 3.5(c)). | * On arrival, the custody officer shall determine whether the detainee is, or might be, in need of medical treatment or attention (Code C, 3.5(c)). | ||
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| - Should co-operate with police to ensure that their actions do not compromise the overall safety of those in the custody suite.\\ | - Should co-operate with police to ensure that their actions do not compromise the overall safety of those in the custody suite.\\ | ||
| - Should explain how any risk assessments they have carried out might affect their client suspect.\\ | - Should explain how any risk assessments they have carried out might affect their client suspect.\\ | ||
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| - | Importantly the guidance states that police station reps should disclose information about health risks to the police. Regardless of privilege if you become aware of information that indicates a detainee may be a risk that information should be disclosed at the earliest opportunity. | ||
| - | |||
| - | There will be situations where the solicitor considers a level of risk exists but the legal relationship with the detainee might prevent those details being shared with the police. This should not prevent you informing the police of the general nature of the risk without disclosing specific information. A solicitor should always inform the police if there are particular concerns which may require alternative or specific arrangements for the custody and care of the detainee. | ||
| We are all well used to dealing with both vulnerable and volatile clients. A little common sense will allow us all to defend our clients in a safe and healthy manner. | We are all well used to dealing with both vulnerable and volatile clients. A little common sense will allow us all to defend our clients in a safe and healthy manner. | ||
covid19_advice.txt · Last modified: 2020/04/03 12:55 by frescom
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