Remote Legal Advice and Video Remand Courts
Keywords
Force, Policy, Obtaining, Informed, Consent, Remote, Legal, Advice, Pandemic, Assistance, Custody, Materials, Provide, Suspects, Training, Guidance, Officers, Refused, Wording, Statement, IT, System, Recording, Total, Costs, Staff, Premises, Operating, Video, Remand, Courts, Estimate, Annual, Future, PECS, Permission.
Publication Number
PUB 1304
FOI Reference Number
15446
Request Title
Remote Legal Advice & Video Remand Courts
Date Range
March to December 2020
Information Requested
1. Please provide a copy of your force's policy on obtaining informed consent to remote legal advice during the pandemic and assistance in custody, including the date this policy was introduced.
2. Please provide copies of all materials that your force provides to suspects to inform their decision about whether to consent to remote legal advice during the pandemic and assistance in custody, including the date you started providing these materials.
3. Please provide a copy of all training materials and guidance that is provided to officers on obtaining informed consent to remote legal advice and what to do if consent is refused, including the date this training and guidance was first introduced.
4. Please supply the wording of any statement or question in your custody IT system associated with the recording of consent for remote legal advice.
5. What were the total costs incurred by the force (including staff and premises if available) in operating video remand courts from March to December 2020? For how many weeks from March to December 2020 did your force operate video remand courts?
6. What estimate has your force made of the total annual costs for the force should you be required to operate video remand courts in the future even if PECS is given permission to and does operate within police custody?
Disclosure with Exemptions
Full Disclosure
Information Correct as at
30 June 2021
Date of Disclosure
28 July 2021
Related Documents/Links
ACC Op TALLA Policy Custody (Updated 28.01.21) Redacted
Video Link Policy Decision April 2020 Redacted
FOI 15446 Response
1. Please provide a copy of your force's policy on obtaining informed consent to remote legal advice during the pandemic and assistance in custody, including the date this policy was introduced.
Essex Police produced protocols and procedures at the start of Covid and took guidance from the documents contained within the attached. The custody record was the recording mechanism we used to record informed consent. The process of remote legal advice was signed off in policies created under Op TALLA and they hold the final versions that were agreed by Chief Officers – please see attached redacted versions.
2. Please provide copies of all materials that your force provides to suspects to inform their decision about whether to consent to remote legal advice during the pandemic and assistance in custody, including the date you started providing these materials.
Legal advice was given over the telephone as is the norm and was in place prior to the pandemic. The difference was that interviews were carried out virtually. Any decision to request and receive legal advice over the phone is recorded on the custody record. No paperwork was issued to DPs.
3. Please provide a copy of all training materials and guidance that is provided to officers on obtaining informed consent to remote legal advice and what to do if consent is refused, including the date this training and guidance was first introduced.
There was no request to add this to the existing training packages, therefore, it is not currently included in the initial Custody Officers Course. We do not have any official training material to share in this area, however, an e-mail did go out to everybody with the information needed on 03 April 2020. There is also a mandatory entry required on the custody record to confirm that this guidance has been carried out.
4. Please supply the wording of any statement or question in your custody IT system associated with the recording of consent for remote legal advice.
No specific wording was initially provided for this purpose as it followed BAU processes in the way in which legal advice was provided over the telephone prior to the pandemic. However, we have now adopted an electronic process (below) which we now use. This was implemented in January 21.
5. What were the total costs incurred by the force (including staff and premises if available) in operating video remand courts from March to December 2020? For how many weeks from March to December 2020 did your force operate video remand courts?
Approximately £800k.
6. What estimate has your force made of the total annual costs for the force should you be required to operate video remand courts in the future even if PECS is given permission to and does operate within police custody?
No Information Held.
The below paragraph is from FOI 15286, which you may also find of interest:
An update was circulated on 29 May 2021.
Essex Police is part of the Interagency Partnership Group, made up of representatives from all key stakeholders that use Essex Police Custodies, the group had previously negotiated a phased return of Defence Solicitors to Custody Suites across the county. This was a local arrangement and sat outside of the requirements of the National Protocol which required a return of face to face consultation to all vulnerable adults and children by 17th May 2021. The agreed plan was that we would work together towards a full adoption of Protocol III by 21st June 2021, with ongoing remote consultation for vulnerable persons in general, whilst accepting that if the Appropriate Adult or Vulnerable Detainee required attendance in person, this would be facilitated. Defence Firms have challenged the decision of the Appropriate Adult or Detainee, to require face to face consultation. This has re-introduced delays in detention and has caused a series of unnecessarily difficult conversations to take place over the phone in the custody arena. The Partnership has, therefore, decided to support Open Road in a proposal to end the phased return of Defence Solicitors to the suites where vulnerable adults and juveniles require consultation and/or interview support. This means that, with immediate effect, the amendments to the National Protocol requiring Solicitors to attend the Police station in order to support vulnerable adults and juveniles will be adopted across Essex Police Custody Command. Defence Solicitors will be expected to attend the Custody Suite in person to support vulnerable adults and juveniles, in every case. If the Firm determines that they will not attend in person, they will be required to hand the job back and another Firm will be given the opportunity to attend in their place. The National Protocol does not permit any other option. There will be no negotiation facilitated between Custody Staff, Appropriate Adults and Defence Solicitors, as this degree of flexibility is not supported by the National Protocol.
Please see the following link for the latest advice regarding the Interview Protocol: