Coronavirus: Access To Legal Advice Whilst Under Arrest

Following a fortnight of unprecedented measures, culminating in the royal ascent of the wide-ranging Coronavirus Act 2020, legal representatives, as with most professionals, have been forced to radically change the way that they work to comply with the government's guidance and now law. As many adapt to new ways of working, including working remotely and through making good use of technology, the business of arrested suspects facing interview continues.

On 18 March 2020, the National Police Chiefs' Council (NPCC) published 'Operation Talla - Custody', its strategic overview and high-level guidance for forces concerning custody functions during the COVID-19 pandemic. The guidance suggests that forces develop local policies to deliver tactical operations, confirming that the provision and use of police custody remains a legitimate and available option as part of the criminal justice process. Notwithstanding this, consideration is to be given to minimising human traffic in the custody environment in order to reduce the risk of COVID-19 transmission.

By way of example, the NPCC guidance, which does not impact on the requirement that arrest and detention be in accordance with the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice, suggests the following:

During the current COVID-19 pandemic, additional consideration regarding out-of-custody options, such as voluntary attendance, are encouraged. (3.3) Additional consideration should also be given concerning the use of bail as the pandemic is predicted to last for several months. (3.8) Forces should consider including health screening questions concerning COVID-19 as part of their risk assessment processes for detainees. (3.9) Where the presence in custody of a detainee suspected or identified as having contracted COVID-19 is necessary, they should be isolated from others where practicable. (3.10) Subject to appropriate risk assessment, consideration should be given to providing face masks to detainees who are symptomatic or suspected of having contracted COVID-19, particularly when they are required to interact with staff or visitors. (3.15) Where access by external visitors is essential for the effective running of the custody centre, the criminal justice process or the welfare of those in custody, this should be facilitated, but with consideration to minimising the risk of transmission of the virus either into the custody facility or to the visitor themselves. (4.4) Enabling...