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covid19_advice [2020/03/19 16:57]
frescom
covid19_advice [2020/04/03 12:55] (current)
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 ====== COVID19 ADVICE ====== ====== COVID19 ADVICE ======
-  
  
-The 1984 Police and Criminal Evidence Act (PACEand related Codes of Practice were not designed with a pandemic in mind, but they do contain general provisions to ensure the health and safety of those in police custody.+(Updated 3rd April)
  
-For legal defence practitioners attending ​police ​custody suites to advise those detained, ​it seems timely to revisit the main provisions within PACE that are relevant to our current concerns and until a better solution presents itself.+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 key considerations are:+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.'​
  
-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)).+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
  
-When the needs mentioned above are being determined, the custody officer is responsible for initiating an assessment ​to consider whether the detainee is likely ​to present specific ​risks to custody staff, any individual who may have contact with detainee (e.g. legal advisers, medical staff) or themselves (Code C, 3.6).+It is thought that 61% of all solicitors have childrenand 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
  
-The content of any risk assessment and any analysis of the level of risk relating ​to the person’s detention is not required ​to be shown or provided to the detainee or any person acting on behalf of the detainee. But information should not be withheld from any person acting on the detainee’s behalf, for example, an appropriate adult, solicitor or interpreter, ​if to do so might put that person at risk (Code C, 3.8A).+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 sensibleIn the next few weeks and months it is going to be essential for the police and courts to be able to function
  
-The custody officer is responsible for implementing the response ​to any specific risk assessment, e.gcalling an appropriate healthcare professional;​ or reducing ​the risk to those who come into contact with the detainee (Code C, 3.9).+Clearly all police station reps need to use common sense during this virus crisisFor those reps who are working independently this will be a difficult time financiallyBut your own health and the health of others has to be the first priority
  
-As soon as practicable after arrival at the police station, each detainee must be given an opportunity ​to speak in private with a member of the custody ​staff who if they wish may be of the same sex as the detainee (see paragraph 1.13(c))about any matter concerning the detainee’s personal needs relating ​to their health, hygiene and welfare that might affect or concern them whilst ​in custody. If the detainee wishes ​to take this opportunity,​ the necessary arrangements shall be made as soon as practicable (Code C, 9.3A).+The National Police Chiefs'​ Council (NPPC) has issued guidance ​to forces on COVID-19 precautions ​in custody ​suitesSection 4 concerns external visitorsincluding 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."
  
-If it appears to the custody officer, or they are told, that a person brought to a station under arrest may be suffering from an infectious disease ​or condition, the custody officer must take reasonable steps to safeguard the health ​of the detainee and others at the station. In deciding what action to take, advice must be sought from an appropriate healthcare professionalSee Note 9E. The custody officer has discretion to isolate ​the person and their property until clinical directions have been obtained (Code C, 9.7).+Quite simply ​be sensible but if you have symptoms ​or you have underlying ​health ​issues then you should not be workingIf you are not comfortable with the risks then do not attend the interview
  
-The rights, entitlements and safeguards that apply to the conduct and recording of interviews with suspects ​are not diminished simply because the interview ​is arranged on a voluntary basis (Code C3.21(b)).+  - If you are in an at risk group you should ​not attend police station ​interview. \\ 
 +  - If you have an underlying health issueparticularly 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 \\
  
-Home office guidance for their criminal and financial investigation teams sets out that prior to a suspect being dealt with by a voluntary interview, officers dealing must complete the Initial section of the Voluntary Attender initial risk assessment form, in the presence of the intervieweeThe initial questions asked of the suspect [include]: do you have any known physical ​or mental health issues? If the answer is yes… guidance must be sought from a supervisor [of a rank equivalent to an Inspector] before proceeding with the interview (Home Office, Interviewing Suspects (Version 7.0 (10 February 2020))).+Clearly when attending a police station we all need to be sensibleWe all need to wash our hands and avoid touching our faces particularly after signing forms or touching surfaces
  
-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 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 police should ensure so far as reasonably practicable: +The key points to note are :
-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 +
-Should carry out an assessment of the risks to employees and others who come into the custody suite. +
-Should provide solicitors with any relevant information that could usefully inform the solicitors’ own risk assessments.+
  
-The solicitor firm has a duty to assess ​the risks to their staff associated ​with working in custody ​suites+  * 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.
  
-An individual ​solicitor:+  * 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)). 
 +  
 +  * When the needs mentioned above are being determined, the custody officer is responsible for initiating an assessment to consider whether the detainee is likely to present specific risks to custody staff, any individual ​who may have contact with detainee (e.g. legal advisers, medical staff) or themselves (Code C, 3.6).
  
-Has a duty to review their own safety before each consultation with a detainee. +  * The content of any risk assessment and any analysis of the level of risk relating ​to the person’s detention is not required to be shown or provided to the detainee or any person acting on behalf of the detainee. ​But information ​should not be withheld ​from any person acting on the detainee’s behalf, for example, an appropriate adult, solicitor or interpreter,​ if to do so might put that person at risk (Code C, 3.8A). 
-Should seek relevant ​information from police in order to assess ​the risks to their own safety before ​any consultations ​with suspects+  
-Should not expose themselves ​to unnecessary risk simply for the sake of expediency+  * The custody officer is responsible for implementing ​the response ​to any specific risk assessment, e.g. calling an appropriate healthcare professional;​ or reducing the risk to those who come into contact ​with the detainee (Code C, 3.9)
-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.+  * As soon as practicable after arrival at the police station, each detainee must be given an opportunity ​to speak in private with a member of the custody staff who if they wish may be of the same sex as the detainee (see paragraph 1.13(c)), about any matter concerning the detainee’s personal needs relating to their health, hygiene and welfare that might affect or concern them whilst in custody. If the detainee wishes to take this opportunity,​ the necessary arrangements shall be made as soon as practicable (Code C, 9.3A)
 +  
 +  * If it appears ​to the custody officer, or they are told, that a person brought to a station under arrest may be suffering from an infectious disease or condition, the custody officer must take reasonable steps to safeguard ​the health ​of the detainee and others at the station. In deciding what action to take, advice must be sought from an appropriate healthcare professional. See Note 9E. The custody ​officer has discretion to isolate the person and their property until clinical directions have been obtained (Code C, 9.7)
 +  
 +  * The rights, entitlements and safeguards that apply to the conduct and recording of interviews with suspects are not diminished simply because the interview is arranged on a voluntary basis (Code C, 3.21(b)).
  
-Solicitors are placed in an invidious professional position as the guidance ​indicates ​that a solicitor who has information that indicates the detainee may be a risk, or acquires such information during ​the course ​of a consultation and that information can be disclosedshould disclose it at the earliest opportunity ​and not wait to be asked. It is recognised that there will be situations ​in which the solicitor considers that a level of risk exists but that the legal relationship with the detainee ​does not allow details of that information to be disclosed ​to police. This should not prevent the solicitor from indicating that a risk may exist and informing the police ​of the general nature of that risk without disclosing specific informationsolicitor ​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+  * Home office ​guidance ​for their criminal and financial investigation teams sets out that prior to suspect being dealt with by voluntary interview, officers dealing must complete the Initial section of the Voluntary Attender initial ​risk assessment formin the presence of the interviewee. The initial questions asked of the suspect [include]: do you have any known physical ​or mental health issues? If the answer is yes… guidance must be sought from a supervisor [of a rank equivalent to an Inspector] before proceeding with the interview (Home OfficeInterviewing Suspects (Version 7.0 (10 February 2020))). 
- +  
-Solicitors and representatives are used to making ​do and carrying on in the best interests ​of their client. ​But, these are unprecedented times and solicitors must endeavour ​to discharge their professional responsibilities ​in an environment which is safe for all.+  * 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 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 riskand\\ 
 +  - Should carry out an assessment ​of the risks to employees and others who come into the custody suite.\\ 
 +  - Should provide solicitors with any relevant information ​that could usefully inform the solicitors’ own risk assessments.\\ 
 +  
 +  * The solicitor ​firm has a duty to assess ​the risks to their staff associated with working in custody suites.  
 +  
 +  * An individual solicitor:​ 
 +  - 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 not expose themselves to unnecessary risk simply ​for the sake of expediency.\\ 
 +  - 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.\\ 
 +    
 +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 safe and healthy manner
covid19_advice.1584637066.txt.gz · Last modified: 2020/03/19 16:57 by frescom