Government plans for defendants to make their first appearance before magistrates’ courts via video from the police station will lead to more people being remanded into custody, practitioners have warned.
The Office for Criminal Justice Reform (OCJR) plans to test a ‘virtual court’, intended to save money and time, at Camberwell Green Magistrates’ Court, London, from early next year, then extend it to north Kent.
The Law Society will today issue a practice note advising solicitors that the best interest of their client requires them to take instructions face to face.
Practitioners say the scheme will force lawyers to choose between engaging effectively with their client or with the bench. ‘The first meeting with your client is very important in order to gain their confidence, so you need to be at the police station,’ Joy Merriam, chairman of the Criminal Law Solicitors Association, said.
By contrast, addressing the bench over video link ‘puts you at a disadvantage doing advocacy’.
Ian Kelcey, chairman of the Law Society’s criminal law committee, said practitioners should be ‘very reluctant’ to deal with first hearings without face-to-face contact with the client. Richard Miller, head of legal aid at the Law Society, said: ‘It’s face-to-face contact with the client that is key to being able to identify whether there are factors, such as drug, alcohol, or mental health issues, that mean the defendant is less able to engage with the proceedings than s/he may appear over the video-link.’
An OCJR spokesman said the purpose of the pilot was to address the practical issues concerned. He said input from the profession was appreciated and the office would continue to engage with practitioners.
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