14th April 2020 Update

Victims and witnesses

NEW: At the No10 press conference today, the Home Secretary Priti Patel announced an additional £2 million to support charities to further expand services for those at risk of domestic abuse. The following page contains more information about help offered to domestic abuse victims: https://www.gov.uk/guidance/domestic-abuse-how-to-get-help

 

HMPPS

Prisons and probation services have implemented significant changes to comply with the Government’s social distancing rules and to protect staff and service users. The service has been working closely with public health experts, as well as criminal justice partners, to ensure that robust contingency plans are in place and immediate action can be taken wherever cases are identified.  The following page will continue to be updated when new advice is available: https://www.gov.uk/guidance/coronavirus-covid-19-and-prisons 

 

Please note: we are unable to provide updated Covid-19 case information over the weekend. This information will continue to be communicated during weekday updates.

 

HMCTS

Updated guidance has been published on applying for a domestic violence injunction as an unrepresented applicant during the coronavirus outbreak. It explains the arrangements in place during the coronavirus pandemic, including making sure that a court is open before sending an application and that hearings can take place by remote means whenever possible. Read the full guidance here: https://www.gov.uk/guidance/applying-for-a-domestic-violence-family-law-act-injunction-for-unrepresented-applicants

 

During this unprecedented public health emergency, we are adjusting practices and taking steps to minimise the risk to the judiciary, court staff and users. Any changes to individual hearings will be communicated directly to those affected in the usual way, by email and/or phone. The following page will continue to be updated when new advice is available: https://www.gov.uk/guidance/coronavirus-covid-19-courts-and-tribunals-planning-and-preparation  

 

HMCTS maintain a daily operational summary service on courts and tribunals from Monday to Friday during the Coronavirus outbreak. HMCTS aim to update this page daily by 9am: https://www.gov.uk/guidance/hmcts-daily-operational-summary-on-courts-and-tribunals-during-coronavirus-covid-19-outbreak 

 

Latest general guidance

 

• The new Business Support campaign for Covid-19: https://www.businesssupport.gov.uk/coronavirus-business-support/
• Guidance on protecting vulnerable people from Covid-19: https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19
• Home isolation / ‘stay at home’ guidance: https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance
• Guidance on social distancing: https://www.gov.uk/government/publications/covid-19-guidance-on-social-distancing-and-for-vulnerable-people

 

Please continue to refer to GOV.UK/coronavirus for the latest information on the situation in the UK and the Government’s response. For information about the illness and symptoms visit nhs.uk/coronavirus

Thursday 2nd April 2020

New National Protocol

From Chief Constables & Chief Crown Prosecutors

 

After tireless work from Practitioners and Agencies involved in dealing with those in custody at Police Stations a new National Protocol has been achieved which offers protection to those in custody and importantly  to everyone who has to deal with them .

It demonstrates that participants on all sides can come together . It also represents further evidence of how the Law Society works had in hand with Practitioner groups CSLA and the LCCSA to deliver the right outcomes .

Now we need to test that this Protocol is fully adopted and works . These are truly challenging times

PROTOCOL - Please Donwload the PDF for Full Annexes

Law Society Web Page https://www.lawsociety.org.uk/support-services/advice/articles/coronavirus-covid-19-interview-protocol/

PROTOCOL - coronavirus-interview-protocol-april-2020

Interview Protocol between National Police Chiefs’ Council, Crown Prosecution Service, The Law Society, Criminal Law Solicitors’ Association and London Criminal Courts Solicitors’ Association

Purpose of guidance
1.This guidance is intended to assist investigators and prosecutors in deciding whethersuspects should be interviewed as part of a police investigation during the Covid-19 pandemic. This guidance will be reviewed monthly as from 1 April 2020 and is intended for use only during the period of the Covid-19 crisis.

Introduction
2.The Covid-19 outbreak presents an unprecedented challenge for the Criminal JusticeSystem in England and Wales.

3.The spread of Covid-19 and its effect on the numbers of police officers, prosecutorsand defence solicitors available for work will require careful consideration of whatnew offences are brought into the system and how those offences are investigatedby the police and progressed through the CJS.
Police interviews; a reasonable line of enquiry

4.The Criminal Procedure and Investigations Act 1996 provides that investigators mustpursue all reasonable lines of enquiry, including those which point towards and awayfrom the suspect. In most cases “reasonable lines of enquiry” will require aninterview.

5.An interview is generally a reasonable line of enquiry because without it:

•The suspect does not have a proper opportunity to provide a full account;
•Common defences including self-defence and reasonable excuse are notaddressed;
•A guilty plea may be anticipated wrongly and anticipating plea generally is moredifficult;
•The opportunity to draw an adverse inference from silence is lost;
•Without admissions in interview, points to prove have to be addressed throughother evidence increasing the burden on investigators;
•The opportunity to address potential defences by further investigation, and toinvestigate reasonable lines of enquiry which point away from the suspect, arelost.
However, it is recognised that for public health reasons interviews may need to be postponed or even dispensed with. If there is a genuine and pressing need for an interview with all parties present it must be carried out in accordance with government advice on precautionary behaviour, including social distancing.
Police interviews with suspects during the Covid-19 crisis

6.Government guidance on social-distancing will affect police interviews with suspects;whether in custody or elsewhere. Interviews with suspects may involve the presenceof non-police staff including solicitors, legal representatives, appropriate adults and
interpreters. If the attendance of an appropriate adult is required then that will need to be taken in to account when an interview is being considered; in the circumstances created by the Covid-19 crisis it may not be possible to conduct an interview with a suspect and an appropriate adult, and the alternatives set out in Annex A and Annex B should be considered.

7.It is acknowledged that the Covid-19 crisis involves the application of PACE Code C in circumstances which are unlikely to have previously been anticipated. The signatories to this protocol accept that the practices and procedures contained here amount to a reasonable interpretation of the law to enable the rights and interests of detained persons to be protected during the unprecedented circumstances of the Covid-19 crisis.

8.The police will have their own guidance about the steps they take to ensure the health and safety of officers, and the suspects and witnesses they deal with. The police have a duty to ensure that all reasonably practicable steps are taken to protect visitors to the custody suite, including legal representatives, from infection with Covid-19. This includes issuing Personal Protection Equipment (PPE) where appropriate, and instructions for its use, even where the detainee is not symptomatic.

9.Legal advice for suspects should take place whenever possible over the telephone (for legal advice) and by video link for interviews with suspects. This may depend on the police facilities and devices available. Any existing facilities for links used for interpreters or for remote interviewing by police officers should be considered for use by police officers and defence representatives.

10.When it is not possible to arrange a suspect interview as above then the issues below should be considered. When a suspect cannot be interviewed consideration should also be given to the use of the steps set out in Annex B for a written statement under caution from a suspect in response to a list of questions provided by the interviewing officer.

11.In police premises that are equipped with secure interview rooms with screens that allow for social distancing; those rooms should be utilised for consultations and interviews (using either fixed or portable recording devices approved for interviews).
Interim CPS charging protocol - Covid-19 crisis response (Annex C)

12.The CPS and the police have already published an interim charging protocol as partof the Covid-19 response. The interim protocol sets out how cases should bemanaged by identifying three categories of cases:

•IMMEDIATE - CUSTODY AND ALL COVID-19 RELATED CASES (Level A)

•HIGH PRIORITY CASES – NON-CUSTODY BAIL CASES (Level B)

•OTHER CASES – RELEASED UNDER INVESTIGATION OR NO ARRESTREQUIRED (Level C )

The assessment of the need for an immediate interview must have regard to this three tier categorisation.
Interviews and Level C cases under the CPS interim charging protocol

13.For Level C cases in which suitable arrangements for an interview cannot be madeimmediately then suspects should be bailed or released under investigation to allowfor an interview at a later date unless:

•cases are simple and the other evidence is overwhelming; and

•there is insufficient time for an interview within the six month statutory time limit.
Interviews and Level A and B cases under the CPS interim charging protocol

14.Level A and B cases - the process set out in the flow chart at Annex A is to beused to identify the cases in which an interview should take place and how thatshould take place. The options are set out as follows in order of preference:

1.Completely virtual interview – all parties dial in to a Custody Laptop with OIC ininterview room recording and suspect in VC room.

2.Partial virtual interview – OIC and Interviewee in interview room, Legal Repappears via a video link.

3.All parties physically required due to the serious nature of the case – all persons will be issued with the appropriate PPE and given instructions on how touse this.

4.Save for the circumstances set out at the top of Annex A, a charge withoutinterview should only be considered in exceptional circumstances when the optionsabove are unavailable. Before this takes place consideration should also be given tothe use of the steps set out in Annex B for a written statement under caution from asuspect in response to a list of questions provided by the interviewing officer.

Greg McGillCrown Prosecution Service

DCC Nev Kemp National Police Chiefs’ Council

Ian Kelcey and Richard Atkinson
The Law Society

Bill Waddington
Criminal Law Solicitors’ Association

Kerry Hudson
London Criminal Courts Solicitors’ Association

1st April 2020

Ministry of Justice Update

 

Please find today’s update below.

• We have robust and flexible plans to ensure we can continue to deliver key services across the justice system.
• A network of priority courts will remain open during the coronavirus pandemic to make sure the justice system continues to operate effectively.
• Pregnant women in custody who do not pose a high risk of harm to the public will be temporarily released from prison within days to protect them and their unborn children from coronavirus.

HMPPS

Pregnant prisoners and prisoners in Mother and Baby Units are to be temporarily released from custody to protect them from coronavirus. Prison governors will now be able to grant their release on temporary licence once they pass a risk assessment and suitable accommodation for the women has been identified. In addition, as of 31 March 2020, transfers within the prison estate are limited to just exceptional cases. Read the full announcement here: https://www.gov.uk/government/news/pregnant-prisoners-to-be-temporarily-released-from-custody

Q&A for friends and families of prisoners. A Q&A has been published on the GOV.UK prisons and coronavirus page, which answers some of the questions asked most frequently on social media and via helplines. The document will continue to be regularly updated. https://www.gov.uk/guidance/coronavirus-qa-for-friends-and-family-of-prisoners

Prisons and probation services have implemented significant changes to comply with the Government’s social distancing rules and to protect staff and service users. The service has been working closely with public health experts, as well as criminal justice partners, to ensure that robust contingency plans are in place and immediate action can be taken wherever cases are identified.  The following page will continue to be updated when new advice is available: https://www.gov.uk/guidance/coronavirus-covid-19-and-prisons

As of 17:00 on TUESDAY 31 MARCH: 

• 69 prisoners have tested positive for COVID-19 across 25 prisons; 
• 14 prison staff have tested positive for COVID-19 across 8 prisons; 
• 4 Prisoner Escort and Custody Services (PECS) staff have tested positive for COVID-19. 

Further updates with the latest figures may be released later this evening to the media and will be included here the following day for information, so please do bear with us if they are superseded during the day.

HMCTS

During this unprecedented public health emergency, we are adjusting practices and taking steps to minimise the risk to the judiciary, court staff and users. Any changes to individual hearings will be communicated directly to those affected in the usual way, by email and/or phone. The following page will continue to be updated when new advice is available: https://www.gov.uk/guidance/coronavirus-covid-19-courts-and-tribunals-planning-and-preparation

HMCTS is issuing a regular e-mail alert with an operational summary. See the latest alert and subscribe here: https://content.govdelivery.com/accounts/UKHMCTS/bulletins/2837796

HMCTS maintain a daily operational summary service on courts and tribunals from Monday to Friday during the Coronavirus outbreak. HMCTS aim to update this page daily by 9am: https://www.gov.uk/guidance/hmcts-daily-operational-summary-on-courts-and-tribunals-during-coronavirus-covid-19-outbreak

Victims and witnesses

Victim and witness support services. The Ministry of Justice has compiled information on accessing victim and witness support services during Covid-19. An overview of specialist helplines is available here: https://www.gov.uk/guidance/coronavirus-covid-19-victim-and-witness-services

Latest general guidance

• The new Business Support campaign for Covid-19: https://www.businesssupport.gov.uk/coronavirus-business-support/
• Major new measures to protect people at highest risk from Coronavirus: https://www.gov.uk/government/news/major-new-measures-to-protect-people-at-highest-risk-from-coronavirus 
• Guidance for businesses: https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-support-for-businesses
• Home isolation / ‘stay at home’ guidance: https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance
• Social distancing / vulnerable people: https://www.gov.uk/government/publications/covid-19-guidance-on-social-distancing-and-for-vulnerable-people

Please continue to refer to GOV.UK/coronavirus for the latest information on the situation in the UK and the Government’s response. For information about the illness and symptoms visit nhs.uk/coronavirus

Follow us on Twitter: @MoJGovUK @hmpps and @hmctsgovuk

Monday 30th March 2020

Legal Aid Update

Useful guidance on using video and telephone to connect to court or prison
HM Courts and Tribunals Service has released new and updated information on the overall approach to audio and video technology for courts. It includes:
• new legislation
• open justice
• media access
• oaths and affirmations
• communications between legal professionals and clients
There is also a user-facing guide to what will happen and what you need to do when the court determines your hearing should be heard by audio or video.

> Read more

Custody Time Limits
New protocol for the effective handling of custody time limit cases in magistrates' and crown courts
The senior presiding judge and HM Courts and Tribunals Service have established a temporary framework during the coronavirus (COVID-19) pandemic for the efficient and expeditious handling of cases that involve a custody time limit in both magistrates' and crown courts.

This protocol does not create legal obligations or restrictions on any party, and does not override independent judicial discretion. Every case must still be decided on its own merits. The protocol will be reviewed monthly by the senior presiding judge who will determine when it will cease.

> Read more

Keeping Courts Safe
New guidance on keeping courts and tribunals safe, secure and clean
HM Courts and Tribunals Service has issued new guidance on security, cleaning and social distancing arrangements in court and tribunal buildings during the coronavirus (COVID-19) pandemic.

> Read more

Sunday 29th March 2020

The following National Updates have been Provided :

Latest Stakeholder Update :

Ministry of Justice

Covid-19 Stakeholder Update

This is the Ministry of Justice’s regular stakeholder communications update service. This is intended to signpost the latest Covid-19 guidance and central government updates.

Please find today’s update below.

• We have robust and well-established plans to ensure we can continue to deliver key services across the justice system.
• A network of priority courts will remain open during the coronavirus pandemic to make sure the justice system continues to operate effectively.
• Prisons are well prepared to take immediate action wherever cases or suspected cases are identified, including the isolation of individuals where necessary. We are issuing secure phone handsets to help offenders keep in contact with their families.

HMPPS

Updated guidance is now available for friends and families of prisoners. It provides information on prison visits, the changes to regimes and Parole Board hearings and trials. Friends and families of prisoners should continue to monitor the page as it will be updated with new information. https://www.gov.uk/guidance/coronavirus-covid-19-and-prisons

Prisons are well prepared to take immediate action wherever cases or suspected cases are identified, including the isolation of individuals where necessary. HMPPS has been working closely with Public Health England and NHS services, as well as criminal justice partners, to put robust contingency plans in place. The plans prioritise the safety of staff, prisoners, visitors and offenders under supervision in the community, whilst seeking to minimise disruption to normal services and ensure public protection. The following page will continue to be updated when new advice is available: https://www.gov.uk/guidance/coronavirus-covid-19-and-prisons

As of 13:00 on THURSDAY 26 MARCH: 

• 27 prisoners have tested positive for COVID-19 across 14 prisons; 
• 5 prison staff have tested positive for COVID-19 across 5 prisons; 
• 4 Prisoner Escort and Custody Services (PECS) staff have tested positive for COVID-19. 

Further updates with the latest figures are likely to be released later this evening to the media and will be included here the following day for information, so please do bear with us if they are superseded during the day.

HMCTS

NEW: A network of priority courts will remain open during the coronavirus pandemic to make sure the justice system continues to operate effectively. There will be 157 priority court and tribunal buildings open for essential face-to-face hearings. This represents 42% of the 370 crown, magistrates and family courts across England and Wales. These measures, which will come into effect on Monday, 30 March 2020, will be kept in place for as long as necessary to comply with government and public health advice and will be reviewed regularly. We will distribute an email to all HMCTS subscribers to alert them to the news: https://www.gov.uk/government/news/priority-courts-to-make-sure-justice-is-served

Information on accessing victim and witness support services. Coronavirus (COVID–19) is likely to cause some disruption to victim and witness services. Victims and witnesses who are already receiving support from their local services providers should contact their support service in the first instance. Read in full here: https://www.gov.uk/guidance/coronavirus-covid-19-victim-and-witness-services

During this unprecedented public health emergency, we are adjusting practices and taking steps to minimise the risk to the judiciary, court staff and users. Any changes to individual hearings will be communicated directly to those affected in the usual way, by email and/or phone. The following page will continue to be updated when new advice is available: https://www.gov.uk/guidance/coronavirus-covid-19-courts-and-tribunals-planning-and-preparation

Office of the Public Guardian

NEW: The Office of the Public Guardian has published information regarding its response to Coronavirus. Stakeholders should continue to monitor this page, which will be updated with new information when it is available. The guidance is available here: https://www.gov.uk/guidance/coronavirus-covid-19-office-of-the-public-guardian-response

Legal Aid Agency

NEW: The LAA offers a variety of existing ways legal firms can seek financial assistance from the Agency. These include making interim claims, payments on account in civil representation and interim payments and hardship claims in the Crown Court. These can be paid out under the existing regulations and claims can be submitted immediately for processing. The LAA has updated it’s guidance for law firms to enable them to continue to claim the face-to-face rates for police station attendance where custody suites are closed due to coronavirus, and also payment to cover remote hearings in Mental Health Tribunal hearings. https://www.gov.uk/guidance/financial-relief-for-legal-aid-practitioners

Latest general guidance

• NEW Yesterday the Chancellor of the Exchequer announced a range of measures to support self-employed workers through the coronavirus crisis. Please see below links to the announcement and the business support pages for those affected. https://www.gov.uk/government/news/chancellor-gives-support-to-millions-of-self-employed-individuals
• The new Business Support campaign for Covid-19: https://www.businesssupport.gov.uk/coronavirus-business-support/
• Major new measures to protect people at highest risk from Coronavirus: https://www.gov.uk/government/news/major-new-measures-to-protect-people-at-highest-risk-from-coronavirus 
• Guidance for businesses: https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-support-for-businesses
• Home isolation / ‘stay at home’ guidance: https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance
• Social distancing / vulnerable people: https://www.gov.uk/government/publications/covid-19-guidance-on-social-distancing-and-for-vulnerable-people

Please continue to refer to GOV.UK/coronavirus for the latest information on the situation in the UK and the Government’s response. For information about the illness and symptoms visit nhs.uk/coronavirus

Follow us on Twitter: @MoJGovUK @hmpps and @hmctsgovuk

Changes to the way Courts and Tribunals will operate during COVID19

27 March 2020

As a result of the unprecedented challenges we are facing, we have significantly increased capacity for phone and video hearings to provide alternatives to face-to-face hearings. These will be used wherever this is suitable for the participants and for justice to be served. We have also implemented arrangements to ensure that essential work is prioritised.

In order to maintain a core justice system through the next months of the current public health emergency we are now taking further action to consolidate the work of our courts and tribunals into fewer buildings for the duration of the crisis.

These plans have been developed in close partnership with the judiciary and others in the justice system.

Fewer buildings for physical hearings

The changes we are introducing will ensure that those essential hearings that must be held in person can still go ahead while complying fully with public health advice for all those who involved, including court staff, judges, and legal professionals.

They will also enable us to ensure that sufficient social distancing can take place during hearings and at other times in our buildings, and help to make sure that our cleaning and security work is focused on fewer locations to ensure they are kept as safe and secure as possible.

Operating sites

From Monday, there will be two types of HMCTS operating sites.

The first is for in-person hearings which will be heard in a network of 157 court and tribunal buildings. These will remain open to the public for essential face-to-face hearings. They will also support video and audio hearings.

Media and interested parties will be able to attend physical hearings in these courts to uphold the principles of open justice and, where this is not possible, judicial consideration will be given to enabling them to join a hearing remotely or a receive a transcript afterwards.

These courts have been chosen to best ensure that the Chief Medical Officer’s advice on social distancing can best be followed by all those using them and, by having fewer physical hearings in fewer courts, our cleaning and security contractors will be able to focus their efforts more effectively on creating a clean environment with handwashing and sanitising available, including supplies of soap and paper towels that will be checked every day.

Video and phone hearings

The second type of operating sites will be 124 ‘staffed’ buildings that will be used only by HMCTS staff and the judiciary to carry out vital work. They will be closed to the public and professional users.

These buildings will support video and telephone hearings, progress those cases without hearings and ensure continued access to justice. In jurisdictions in which there are still paper-heavy processes, this arrangement will enable us to avoid moving large amounts of paper between sites.

As there will be no physical hearings at these sites and no access to the public, social distancing rules can be more easily enforced and our cleaning and security contractors can focus their work on those areas of the buildings that remain in use and providing handwashing and sanitising facilities, including supplies of soap and paper towels that will be checked every day.

Further information

Those 89 courts and tribunals not designated as open to the public or ‘staffed’ will be suspended from Monday and will not be used for the duration of the crisis.

The list detailing the effect of these changes on all courts and tribunals in England and Wales and HMCTS tribunals sites in Scotland is available here.

Please note that this list is subject to change because of the nature of the public health emergency; courts and tribunals finder will be updated to reflect any changes.

Further information is available on our GOV.UK page on courts and tribunals COVID-19 page and in our press notice, where you will also find the list of courts and tribunals.

For hearings that are already listed at courts that will temporarily close, we are already in the process of contacting the parties involved to clarify the new arrangements. Those hearings listed at priority or staffed buildings may be subject to change as we move to absorb work from those that are temporarily closing.

We are working through this as quickly as possible and will contact the parties involved should a change to their case need to be made.

Helen Measures, Deputy Director, Crime Service Owner

Bradford Virus Updates :

Doncaster Virus Updates :

Doncaster Magistrates Court

Doncaster - The Libra list will be in Court 7. The prisoners will continue to be produced for the PACE courts on Saturday 23^rd May and Bank Holiday Monday 25^th May.

 

Sheffield – sitting in Sheffield Combined Court

The remote courts will continue week commencing 18.5.20. There will however be two remand courts each day, one for remote hearings and one for productions.

The prisoners will continue to be produced for the PACE courts on Saturday 23^rd May and Bank Holiday Monday 25^th May.

 

Halifax Virus Updates :

Harrogate & District Virus Updates :

Harrogate and District Law Society has reported a rise in demand for wills and powers of attorney, as people see the worrying news of more deaths each day.

Solicitors are also trying to keep routine work moving during the crisis, including dealing with emergency applications to family courts and processing house purchases.

Georgina Parkin, president of The Harrogate and District Law Society and managing director of Truth Legal Solicitors, said: “Over the years, lawyers in this area have always collaborated.

“During these unprecedented times, I am pleased to report that lawyers are collaborating to far higher level than I have known, all in the best interests of their clients. Once coronavirus is defeated, my hope – and my expectation – is that this collegiate attitude will continue.”

https://thestrayferret.co.uk/law-firms-collaborate-to-keep-justice-system-moving-and-meet-growing-demand-for-making-wills/

Huddersfield & Dewsbury Virus Updates :

Hull Virus Updates :

Humberside Magistrates Sittings 18/5/20

 

Grimsby - The court will physically take place in court room 4. The Libra list can be found in court 1 on Libra. DJ Curtis sitting all week. Justices will be sitting on Saturday 23^rd May and Bank Holiday Monday 25^th May.

 

Hull - The court will physically take place in court room 1, which is the larger court room. Court 2, sitting in court 3, will be used for PCVL hearings only. The Libra list can be found in court 2 on Libra. DJ Passfield sitting all week. Justices will be sitting on Saturday 23^rd May and Bank Holiday Monday 25^th May.

 

The prisoners will continue to be produced for the PACE courts until we are able to resolve a number of issues. We will update you under separate cover.

 

Keighley & Craven Virus Updates :

Leeds Virus Updates :

Scarborough Virus Updates :

Sheffield & District Virus News :

W/C 18th May - Magistrates Sittings

Sheffield – sitting in Sheffield Combined Court

The remote courts will continue week commencing 18.5.20. There will however be two remand courts each day, one for remote hearings and one for productions.

The prisoners will continue to be produced for the PACE courts on Saturday 23^rd May and Bank Holiday Monday 25^th May.

 

York Virus News :

Wakefield Virus News :