Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to paragraph 23(b) of the Joint Interim Interview Protocol Version 4, whether duty solicitors are able work remotely if they have illnesses other than covid-19.

The Joint Interim Interview Protocol allows for remote advice in very limited specified circumstances to provide flexibility where it is needed, for example, in a scenario where the detainee is confirmed or believed to be Covid positive. Final decisions about allowing remote advice will be made by an officer not below the rank of Superintendent.

The guidance was developed to assist investigators and prosecutors in deciding whether suspects should be interviewed as part of a police investigation during the Covid-19 pandemic. However, paragraph 23(c) of the Joint Interview Protocol allows for remote legal advice to be provided where some other exceptional reason applies where, in consultation with all relevant parties (legal representative and appropriate adult if required) it is the belief of the Custody Officer, (who is responsible for the welfare and health and safety for all who attend the custody suite) that due to those exceptional reasons it would not be practical, possible, or desirable for an in person attendance by the legal adviser in that individual case to safely take place, having regard to any relevant health or safety issues arising, or likely to arise.

Furthermore, the College of Policing’s Authorised Professional Practice (APP) on detention and custody is underpinned by the principles of safer detention. This promotes the safe and decent delivery of custody. Custody management and planning (college.police.uk)

Where a solicitor is unable to attend the police station in person due to testing positive for Covid-19, they may make alternative arrangements for another representative to attend. Legal aid contracts allow providers to pass cases back to the Duty Solicitor Call Centre for redeployment to another provider where provider A is unable to continue to act.

The Government does not collect data on how many detainees have agreed to be advised by a duty solicitor working remotely or whether a suspect has had to make the choice between taking remote advice from a covid-positive representative or not getting legal advice.