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Remote legal advice in police stations

08 October 2021 / Michael Zander KC
Issue: 7951 / Categories: Opinion , Criminal , Profession
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Michael Zander QC on a vexed current issue
  • Version 4 of the Joint Interview Interim Protocol took effect on 4 October 2021.

The pandemic created a serious problem regarding in person legal advice in the police station. Solicitors were understandably concerned about the health risks to their staff. The situation was met by a concordat (Joint Interview Interim Protocol (JIIP)) agreed by the National Police Chiefs Council, the Crown Prosecution Service, the Law Society, the Criminal Law Society Association and the London Criminal Courts Solicitors Association.

The Protocol has had four iterations. The fourth took effect as from 4 October 2021.

Version 1 of the Protocol (March 2020) said that solicitors/legal representatives would attend some interviews ‘due to the serious nature of the case’. It included a provision that written statements under caution developed with the benefit of legal advice could be used instead of interviews.

Version 2 of the Protocol (April 2020), after representations by the National Appropriate Adult Network, required that the police assess a child’s or vulnerable adult’s suitability for remote legal representation. It

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