I noted with interest the report of ‘shoddy’ phone advice given to bail defendants (see [2008] Gazette, 31 July, 2). I thought the Gazette might like to hear of a case I had recently.

A youth client had been arrested for breach of pre-charge bail conditions, and CDS Direct was contacted and made aware of the position. The client ended up being held overnight and produced at court in custody for an apparent offence of breach of pre-charge bail conditions.

Of course, such a charge does not exist and the correct procedure for the police to follow is to reconsider whether they can now charge and, if they cannot, they should release on bail with or without conditions.

The police could not charge the substantive offence as they had insufficient evidence. Therefore, they would have to release.

Unfortunately, the representative dealing with this young man did not seem to have understood the point. If they had done so, I am confident that representations would have been made and the client released. The fax I received from CDS Direct the following morning made no mention at all of the legal basis for the overnight detention and no mention of any representations made. As a result, the client was unlawfully detained overnight before being released at court following my submissions.

I have taken the matter up with the Legal Services Commission, but have not had a reply despite having sent my letter of concern at least six weeks ago.

Is a possible CDS Direct training need identified?