header-logo header-logo

24 March 2021 / Dr Jon Robins
Issue: 7926 / Categories: Opinion , Covid-19 , Legal services
printer mail-detail

Legal advice by video-link: not remotely fair?

43903
Jon Robins reports on the potential short-changing of suspects during the COVID pandemic

A duty police station lawyer once described his clients—the ‘lowest level of society’ (his words)—in the following disparaging terms. ‘They are violent, fighting mad, hopelessly intoxicated,’ he wrote. ‘At all times of the day or night, weekend or holiday, we deal with the sad and bad. Cells daubed with excrement, clients vomiting copiously, bleeding, headbanging…’

And what does a solicitor receive for his pains? A fixed fee irrespective of whether they spend one or six hours down the station of somewhere between £126.58 and £274.66 depending on where they are.

Fundamental right

Anyone who is detained or interviewed by the police is entitled to a legal aid lawyer to be physically with them; however that fundamental right, enshrined in the Police and Criminal Evidence Act 1984 (PACE), was put on hold last April because of the health risk posed by COVID-19.

In early April 2020, organisations representing solicitors, prosecutors and the police signed

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

NEWS
The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
back-to-top-scroll