POLICE STATION ADVICE IN INDICTABLE-ONLY CASES: GUIDANCE FROM THE CRIMINAL LAW COMMITTEE OF THE LAW SOCIETYA non-solicitor who is registered with the Legal Aid Board, but who had not obtained accreditation (a probationer representative), will not be paid by the LAB for giving advice at a police station in an indictable-only case.The criminal law committee of the Law Society gives the following guidance to solici tors and their representatives.1.

Before a probationer representative accepts instructions to attend at a police station to give advice for which it is intended to claim from the LAB, it is necessary for him or her to establish that the offence(s) under investigation are not indictable-only.2.

Solicitors and their representatives are already advised by the Law Society to obtain information on the telephone from the custody officer about the offence(s) under investigation.

The custody officer should be asked to indicate the most serious matter being investigated and the most reasonable charge anticipated.

The Metropolitan Police has already issued guidance to custody officers to give this information to solicitors and their representatives and they have also advised officers that if, during the course of an investigation into an either-way offence, new information comes to light which indicates that the matter may become an indictable-only offence, they will made that information known to the legal representative at the earliest opportunity.

The Association of Chief Police Officers (ACPO) is considering whether to recommend that custody officers nationally are given similar advice.3.

When the investigation is continuing after the representative's first telephone contact with the police, the longer the delay before the representative attends the police station, the more up-to-date the information will be about the likely level of the suspected offence.This should be balanced against the fact that the Law Society already advises that an immediate attendance on a suspect may be necessary if the suspect has already spent some time in custody, is vulnerable or complains of ill-treatment and that adequate time must be left before the interview in order for the representative to prepare to attend the police station, and consult fully with the custody officer, investigating officer, client and any third party such as an appropriate adult or interpreter.4.

Where a probationary representative goes to the police to advise on an either-way case and the police subsequently decide to investigate on the basis of an indictable-only case, then the LAB will pay for advice and assistance from the probationary representative.

However, if there is a suitable break in the interviewing it would be good practice for the solicitor having conduct of the case then to send a person authorised to advise in indictable-only cases.5.

The LAB may request a copy of the custody record to ensure that it was reasonable for the probationary representative to have attended in the first place.On arrival at the police station, the representative should immediately consult the custody record to confirm the information which he or she should already have received from the custody officer.

CRIMINAL APPEAL: SOLICITOR'S DUTY TO HAND OVER PAPERS PROMPTLY -- GUIDANCE FROM THE CRIMINAL LAW COMMITTEE OF THE LAW SOCIETYThe Court of Appeal has drawn attention to the problems which arise when an original solicitor is slow in handing over papers to a new solicitor who has been instructed to bring an appeal (R v Clarke, R v Jones, [1994] The Times, 19 August).

To avoid delay, the criminal law committee of the Law Society issues the following guidance.In a criminal case, when a new solicitor is instructed to appeal, it is important that he or she is quickly made fully aware of what happened at trial in order to judge the merits, if bringing an appeal, and the need for further enquiries to be made and for a transcript of the trial or part of it to be obtained.Th is requires the new solicitor to communicate promptly with the original solicitor and ask for the client's papers in the case.

The original solicitor should respond promptly, and will be able to supply the papers without delay if taxation is complete and they are stored so that they can easily be located.If the papers have not been lodged for taxation or are still with the taxation unit then the original solicitor should assist the new solicitor by allowing or authorising an inspection to be made and copies to be taken, releasing the papers once taxation is complete.Solicitors are reminded that their duty to deliver a client's papers to a new solicitor on termination of a retainer is set out in principle 12.18, the Guide to the Professional Conduct of Solicitors, the Law Society, 1993.ADVISING IN POLICE STATIONS ON IMMIGRATION MATTERSThe accreditation scheme for solicitors' representatives giving immigration advice only in police stations will be implemented on 1 November 1995 (not on 1 September as originally announced).

(Representatives who are registered to give police station advice can also give immigration advice without having to register to give immigration advice only).Representatives are required to register with the Legal Aid Board by completing form REP1.

This form can only be obtained from: Rachel Nixon, Legal Aid Board, Policy & Secretariat Department, 85 Grays Inn Road, London WC1X 8AA; tel 0171 813 1000; fax 0171 813 8638; DX 450 London.

Only those representatives who are registered will be eligible for legal aid payments.Representatives will also be required to register with the examining authority.

Probationary representatives will be required to submit a portfolio for five cases within six months of registering.

When the portfolio has been passed, the candidate must sit a written examination.

The Immigration Law Practitioners Association will be providing training for this examination.

Contact ILPA at 115 Old Street, London EC1V 9JR; tel 0171 434 3690; fax 0171 434 3691.The manual on Immigration Advice in the Police Station will be published by the Law Society and available from their book shop from 1 October.COURT WELFARE OFFICERS -- NATIONAL STANDARDSIn May 1993 the Home Office produced a strategy document for probation service family court welfare work.

This document referred, amongst other things, to the development of national standards for civil court welfare work.

These standards, upon which the Law Society was consulted, were published in September 1994.

The standards were implemented in January 1995.The standards are divided into six chapters covering an introduction, directions appointments and assistance to the court, mediation -- the resolution of disputes, welfare reports, family assistance orders and supervision orders.

A number of relevant practice directions are included in an annex.The standards make explicit reference to the need for each probation service to have a fair and effective complaints procedure and to give the parties information about it.

The standards also refer to some of the principles in the Children Act 1989 and the need for court welfare officers to have regard to the welfare checklist in s.1(3) of the Act when producing reports.In relation to joint meetings, the standards state that parties should be informed in writing that they are free to meet the court welfare officer preparing the report separately or at a joint meeting and that the choice made will not be to the detriment of their case.

The standards state that any individual who is unsure about wh ether to attend a joint meeting should be advised to take legal advice.

Court welfare officers are warned to exercise care over calling joint meetings where domestic violence has been alleged, and the standards specify that joint meetings should not be convened where the safety or well-being of either party might be jeopardised.

Joint meetings at which children are present should not be held until the court welfare officer has seen the parties, has assessed the value of holding such a meeting and has obtained the consent of both parties.

The standards provide that if a court welfare officer plans to video, record or monitor a meeting, the parties should be given prior warning of this and should be advised that they are entitled to decline to be videoed etc without detriment to their case.

Again, any party who is unsure of his or her position should be advised to seek legal advice.

Any video etc which is made should be retained until the conclusion of the case.

It should then be destroyed unless the parties have given permission for it to be used for training purposes.When preparing a report the standards provide that all children should be seen by the court welfare officer unless strong reasons exist for not doing so.

Where a child has not been seen this, and the reason for it, should be specified in the report.

The standards further direct that the nature and scope of a court welfare officer's enquiry should reflect the wishes of the court.

Court welfare officers should also consider carefully whether they should carry out home visits, make enquiries of schools, doctors and health visitors and see significant carers or members of the child's family.Any practitioners with complaints about the court welfare officer service should write to the chief probation officer for their area and/or the local probation committee.

If attempts at resolving complaints locally do not succeed, for instance, where judges and court welfare officers are in agreement over procedures but practitioners take a different view, practitioners are invited to write to Jane Leigh, secretary to the family law committee, Professional and Legal Policy Directorate, the Law Society, 50 Chancery Lane, London WC2A 1SX; DX 56 London/Chancery Lane, so that details of these complaints can be submitted to the Home Office where appropriate.MAKING PRACTICE RULE 15 WORKFrom 1 August the SCB will introduce a new procedure giving firms the maximum opportunity to deal with their client's concerns themselves without the need for the formal involvement of the bureau.Rule 15, which requires all firms to have an internal complaints handling procedure, has been in operation now for four years but it has not had the desired effect of reducing the number of complaints made to the bureau.

Many complaints are still received where it is clear that the client has not first approached the firm, and many more where the firm may have complied with the letter but not with the spirit of the rule.This is a major opportunity for individual firms to help themselves and the profession at large.

It is in everyone's best interests that service complaints are resolved at source.

It is cheaper and quicker for the firm, and it should enable the costs of the bureau to be contained to the benefit of the profession in general.From 1 August:1.

Every appropriate case received at the bureau will be sent back to the firm concerned.

(Whilst this has been our approach for some time, even greater emphasis will now be placed on this policy.)2.

Firms will be given six weeks within which to resolv e the matter and will be asked to cooperate with the bureau by returning an acknowledgement form and notification of final outcome.3.

A new leaflet encouraging and offering practical support to firms including a direct phone line to the rule 15 compliance officer will be sent to firms as part of the package.4.

The project will be monitored.

Firms which fail to respond constructively will be contacted by the rule 15 compliance officer.

Whilst offering every encouragement and support to achieve compliance, he will refer on for formal investigation, as a mater of professional conduct, any firm that will not comply with the rule.The bureau does, however, expect complainants as well as solicitors to act reasonably.

Accordingly, the bureau will support firms which make genuine and reasonable attempts to deal with their clients' dissatisfaction.

In such cases, if clients unreasonably 'won't let go' and persist in their complaint to the bureau, the firm will be asked to supply the bureau with a copy of its 'complaints file'.

The matter will then be reviewed by the bureau.

If the solicitor's response to the complaint, including any remedy suggested, is considered to be reasonable, the complainant will be told that the bureau is satisfied and no further action on the part of the bureau will be taken.

The complainant would, of course, have ultimate recourse to the legal services ombudsman, who would need to be satisfied that in each case the bureau's view was reasonable.The bureau hopes that the profession will respond positively and constructively to this approach.

Solicitors may not, as one recent presidential candidate remarked, have reached the stage of 'cherishing' their complaints, but they should see the sound commercial sense in dealing with them as quickly and as effectively as possible.The bureau's new approach sets the tone for the modern approach to complaints adopted by those more successful in the commercial world today.

The bureau sees this as a real opportunity to bring about a culture change within the profession where client complaints are no longer to be resented but seen within the context of the firm's business performance as an opportunity -- a challenge to change.

Enhanced profitability is the prize.For the bureau it is an opportunity to contribute to this process.

In doing so, the bureau hopes to demonstrate that within its role as regulator it can also provide a service to solicitors which is not characterised solely by 'sanctions' and 'disciplines'.For further information please contact: Peter Johnson on 01926 822001; Andrew Baker on 01926 822155; or Brian Simpson on 01926 822023.