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covid19_advice [2020/03/19 18:07]
frescom
covid19_advice [2020/04/03 12:55] (current)
frescom
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 ====== COVID19 ADVICE ====== ====== COVID19 ADVICE ======
-  
-The impact of the corona virus is being felt across the globe. In the UK the Prime Minister has on medical advice asked us all to work from home. However the court hearings and police station interviews will continue. The Lord Chancellor Robert Buckland QC said yesterday: 'Our Crown and magistrates courts provide a vital public service and until instructed otherwise, we expect all lawyers, magistrates,​ jurors, witnesses, defendants and court staff to continue to attend court as required, so the interests of justice can be served.'​ 
  
-It is not yet clear if solicitors ​and police station ​reps will be designated as key workers ​but it seems likely. It is thought that 61% of all solicitors have children, and 72% have children of school age. As key workers ​their children will be able to attend school. ​Regardless of that decision ​criminal lawyers are going to take some risks ensuring that defendants are properly represented. ​+(Updated 3rd April) 
 + 
 +From 2nd April there is a National Protocol for police station attendances. You can read it in full here:  
 +[[https://​www.lawsociety.org.uk/​support-services/​advice/​articles/​coronavirus-covid-19-interview-protocol/​]] 
 + 
 +The impact of the corona virus is being felt across the globe. In the UK the Prime Minister has on medical advice asked us all to work from home. However court hearings ​and police station ​interviews ​will continue. The Lord Chancellor Robert Buckland QC has said, 'Our Crown and magistrates courts provide a vital public service and until instructed otherwise, we expect all lawyers, magistrates,​ jurors, witnesses, defendants and court staff to continue to attend court as required, so the interests of justice can be served.'​ 
 + 
 +Solicitors and police station reps have been designated as key workers. ​The Ministry of Justice has confirmed that all legal professionals involved in advising people deprived of their liberty are key workers.  
 + 
 +It is thought that 61% of all solicitors have children, and 72% have children of school age. As key workers ​the children ​of police station reps will be able to attend school. ​Therefore ​criminal lawyers are going to be taking ​some risks ensuring that defendants are properly represented.  
 + 
 +No one should feel that they have to work. If you do not want to work then don't. But if you are prepared to work then do please be sensible. In the next few weeks and months it is going to be essential for the police and courts to be able to function
  
 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."
  
-1. If you are in an at risk group you should not attend police station interview. \\ +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
-2. If you have an underlying health issue, particularly if you are over 60 then do not attend ​any interviews. \\ +
-3. If you have any symptoms or have been in contact with anyone who has the virus you should not be working\\+
  
-Clearly when attending a police station we all need to be sensible. We all need to wash our hands particularly after signing forms and touching surfaces. ​+  - If you are in an at risk group you should not attend police station interview. \\ 
 +  - If you have an underlying health issue, particularly if you are over 60 then do not attend any interviews. \\ 
 +  - If you have any symptoms you should not be working. \\ 
 +  - or have been in contact with anyone who has the virus \\ 
 + 
 +Clearly when attending a police station we all need to be sensible. We all need to wash our hands and avoid touching our faces particularly after signing forms or touching surfaces. ​
  
 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 : 
 + 
 +  * 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.
  
   * 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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   * Code C Note for Guidance 3E makes direct reference to the Home Office Circular 34/2007 (safety of solicitors and probationary representatives at police stations); the Circular sets out:   * Code C Note for Guidance 3E makes direct reference to the Home Office Circular 34/2007 (safety of solicitors and probationary representatives at police stations); the Circular sets out:
    
-  * The police should ensure so far as reasonably practicable:​\\+  * The police should ensure so far as reasonably practicable:​
   - The health and safety of those employed in custody suites;\\   - The health and safety of those employed in custody suites;\\
   - That the operation of the custody suite does not expose non-employees,​ such as detainees, solicitors, appropriate adults and others who may be present, to risk; and\\   - That the operation of the custody suite does not expose non-employees,​ such as detainees, solicitors, appropriate adults and others who may be present, to risk; and\\
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   * The solicitor firm has a duty to assess the risks to their staff associated with working in custody suites. ​   * The solicitor firm has a duty to assess the risks to their staff associated with working in custody suites. ​
    
-  * An individual solicitor:\\+  * An individual solicitor:
   - Has a duty to review their own safety before each consultation with a detainee.\\   - Has a duty to review their own safety before each consultation with a detainee.\\
   - Should seek relevant information from police in order to assess the risks to their own safety before any consultations with suspects.\\   - Should seek relevant information from police in order to assess the risks to their own safety before any consultations with suspects.\\
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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.\\
- 
-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.1584641270.txt.gz · Last modified: 2020/03/19 18:07 by frescom