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A Bristol-based solicitor is calling for national protocol on COVID-19 health standards in the criminal justice system.

Ian Kelcey, co-chairman of the Law Society's criminal law committee, is urging the Home Office to introduce a national policy for custody suites where arrested people are detained.

He is also seeking clarity in England and Wales's magistrates' courts, calling current arrangements a "muddle".

Though some courts closed their doors on Tuesday amid the national emergency, courts in Bristol have continued to operate albeit on a much reduced scale and utilising video link hearings where possible.

Mr Kelcey, a senior partner at law firm Kelcey and Hall, said a joined-up approach was needed between police stations, courts and prisons.

He added: "Currently, with police stations, we take the view the police are taking a very lax attitude to all of this.

"We had a client arrested, coughing, the police said he's got some symptoms, and didn't even refer him to a health care professional.

"We said, 'OK, we're refusing to attend', and the end result was the client was released, no further action.

"In Kent, a colleague was on call over the weekend, someone was arrested, who thought he had Covid-19.

"The police said, 'No they haven't, but tell you what, when you turn up we have masks and gloves for you', then when he arrived the police were wearing full hazmat suits.

"It is just shocking, the way police are behaving."

'It's not rocket science'

He described National Police Chiefs' Council guidance as "as much use as a chocolate fireguard", adding different forces were using different protocols.

(Image: BBC)

At least one force is reportedly asking solicitors to bring their own hand gel, gloves and masks, while at Staffordshire Police's Cannock custody block, lawyers have been met at the doors by staff with hand sanitiser.

West Midlands Police has designated one of its four custody suites, Wolverhampton, to hold detainees suspected or confirmed to have Covid-19.

Mr Kelcey said police interviews could be done safely and remotely using conference call phones.

He said: "We can do interviews remotely, get disclosure, speak to the client and be present in interview by dialling in over the phone.

"It's not rocket science - every force has a conference call phone.

"The trouble with the police attitude is, 'We've arrested someone, we've got a problem, and don't want to keep them here'.

"These are the same forces expected to protect us all, so there's a certain hypocrisy to all this.

"There's a very cavalier attitude and the police have been cavalier about the health of detainees, particularly mental health, for many years, in my experience."

(Image: Michael Lloyd Photography)

'We need a national protocol from the Home Office'

He said the profession should stand together and not attend police stations, adding that his firm and others in Bristol are refusing to go.

He said: "I think overall, what we should all be doing is saying we're not going, full stop.

"The police attitude is if you're not coming up, we'll get another firm, but we're all standing firm here (in Bristol).

"I think now we need a national protocol from the Home Office."

He described magistrates' courts as "a complete muddle", reporting that some in Wales were only dealing with the most serious cases and detainees remanded from police custody.

He added: "There needs to be a national policy in place. I mean magistrates' courts are zoos, you've got people turning up in the waiting area, all congregating in the area.

"At Bristol Magistrates' Court, a PFI (public finance initiative) building, the toilets have automated hand-washing facilities, so you can't wash for 20 seconds - you get five seconds of water, then soap, then the drier comes on.

"I went to Swindon Magistrates', there was no hand gel, no soap, no toilet roll.

"The Ministry of Justice is doing its best. If I'm honest, this has taken everyone by surprise, the speed of this thing.

"We would like to see cases there done remotely, but somebody has got to be there for the overnight detainees remanded into custody.

"If there's only four or five, you can implement some degree of social distancing - but still we need a national policy."

What the Law Society say

Simon Davis, Law Society president, said: "The courts have now directed that all matters that can be dealt with remotely must be.

"There will only be extremely limited exceptions, where a matter is urgent and justice cannot be done without a face-to-face hearing.

"In these limited circumstances, and so long as the court is taking all necessary measures to ensure good hygiene, appropriate distancing and following all other relevant guidance to minimise risk, it should be safe for our members to attend court.

"If appropriate hygiene and safety measures are not in place, it would be reasonable to decline to attend."

What the Home Office say

A Home Office spokeswoman said: "We are working incredibly closely with the National Police Chiefs' Council who have sent guidance to all police forces on how to safely manage their custody suites.

"This is an evolving situation and we keep guidance under constant review."

A spokesman for HM Courts and Tribunals Service said: "I have forwarded you feedback regarding the hand washing facilities at Bristol Magistrates’ directly to the Court.

" In relation to the automated hand drier, we advise to repeat the water function until the desired time is achieved.

"I have been informed that regular checks of the toilet facilities at Swindon are taking place every three hours and there are adequate supplies of soap and toilet roll available.

"Members of the public are directed to alert a member of staff at the court to arrange stock replenishment should a shortage be noticed in between the three hour checks.

Posters have been distributed to all our courts for display in public areas advising court users to alert local court staff should there be any immediate concerns regarding toilet and hand wash facilities.