In recent months, the LCCSA have had a series of meetings with Met Detention Command – senior officers responsible for the Met’s custody suites.  Whilst we haven’t always agreed on appropriate standard practices, this has nevertheless proved a fruitful dialogue. We communicated some of the challenges we face which may be obvious to us but aren’t self-evident to other professionals within the criminal justice system.  As a priority, we have expressed frustrations getting through to custody suites and obtaining timely information.

You will have noted a change of telephone numbers at various custody suites.  Although the rollout is not complete, this is an upgrade which should make it more likely that an available detention officer will answer the phone.  The key message with dialling in with the new numbers is not to hang up and try another number.  Calling one of the new numbers will ensure further desk phones will ring the longer you maintain dialling in, arising out of the ‘hunter phone’ technology.  Trying a different number starts the process again and is counterproductive.

The LCCSA and Met Detention agreed solicitors can (and perhaps should) have a secure/cjsm email recorded on the custody record in addition to a contact telephone number. Detention staff have already been advised on this agreed good practice. You may wish to have written cards of your cjsm address available on arrival in addition to your identity card, for your contact email to be added.

Custody records can be emailed to instructed solicitors by secure email. Any detention officer advising they are not permitted to email custody records are operating in error.  Indeed, senior officers were of the view that emailing custody records to a secure email address is far better for managing data protection risks than reciting data over the telephone.

The Metropolitan Police is in the early stages of considering possible technology routes where solicitors, detention staff and investigating officers can share information and obtain details such as generated bail sheets, and other updates such as change of OICs.   It has been emphasised this is at a very early stage, and no funding is yet in place.  Smaller police forces in England have adopted such a portal but we have been advised it is not straightforward for a huge force like the Met to replicate and this may take some time. However, the discussions continue.

What senior officers would like from LCCSA members is data rather than anecdote. This is a challenge given the number of firms where our members work. Met Detention officers were aware the LAA/DSCC have also communicated to them that solicitors are having regular difficulty getting through to custody suites.

We will therefore be asking you to provide examples of good and bad practice which we can collate.  At the first stage we want to log examples of two widespread experiences:

• Not getting through to custody within 45 minutes of accepting a case from the DSCC.  All we need is custody suite, date, and time. This will help senior Met officers look for patterns of good bad practice according to their rotas. Please email this to: admin@lccsa.org.uk
• Not being informed by OICs of charge and remand overnights.  Whilst all disposals are important, we would first like to collate the number of times it is custody staff rather than OICs who inform solicitors of overnight cases.  What we need for this collation is: custody suite, date of 1stappearance, and offence [to identify any patterns in investigating teams].  Please email this to: admin@lccsa.org.uk

We understand that you are all very busy, but we hope by providing this data we can impress upon officers the scale of the challenges we face, and it may assist senior officers is identifying where good practice needs to improve. Perhaps it can accelerate the case for funding for improved technology to resolve current issues.

We have been advised that all OICs now have personal work telephone numbers following a roll-out in recent months.  Whilst OICs may call from a withheld number as may be their phone setting, all should provide a contact telephone number on request. Refusal to provide a contact number and asking you to attend a custody suite without providing a contact number to call on arrival, should be reported.

Following our concerns about some members’ recent experiences, all detention officers were advised of the following in writing by senior officers:

“On remanding a detainee for court, if the solicitor is not present, please remind the OIC to update the solicitor as soon as possible. If required, contact them yourselves to ensure they are aware the detainee will be at court for the following sitting. Please be mindful of solicitor’s requests and needs whilst in custody, i.e. offering toilet facilities and not leaving them standing outside at unsociable hours.”

Senior officers were happy for us to pass on that the above missive was circulated to detention staff in recent weeks. If solicitors are at the receiving end of particularly egregious practice from detention staff, around facilities or generally uncomfortable ‘waiting’ please do report it to us, as senior officers have stated they are anxious to be told of examples of particularly good and bad practice.

We will continue our dialogue with Met Detention officers, and trust members welcome this report of our recent meetings.

Casey
LCCSA President