A lack of suitable rooms for lawyers to take confidential instructions from clients in custody has been labelled "most unsatisfactory" by a magistrate.
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Magistrate Evan Hughes made the comment after a courtroom had to be vacated so that a lawyer could talk confidentially to her client prior to a court appearance last week.
A defence lawyer told the court that the Launceston Reception Prison did not have an appropriate room because the alternative room, the charge room, had a constable present and had recording facilities.
Mr Hughes said it was effectively a "tacit waiver of legal professional privilege" saying that it was not Tasmania Police's fault, just there were no other facilities available.
The Launceston Police Station recently received a $7 million refurbishment.
Law Society President Julia Higgins said the Society had received feedback from numerous criminal law practitioners.
"Criminal law practitioners here in the north of the state are very frustrated by the current process and procedures," Ms Higgins said.
"What we are seeing is are potential breaches of client confidentiality lack of preparation to assist clients appearing in court and an impacting on court resources."
She said a room at the Launceston Reception Prison could be booked for lawyers to meet clients.
She said the problem arose at the police watchhouse after a client had been arrested and was yet to appear in court.
"If the client is held at the police watchhouse then it is common for police officers to be in the room with the client," Ms Higgins said.
"Clients cannot provide instructions to their lawyers in relation to criminal matters if a police officer is present."
Ms Higgins said that if a person was remanded to the Launceston Reception Prison there were sometimes opportunities for lawyers to speak to clients on the phone in the exercise yard.
She said that an option for lawyers to speak to clients in court lacked confidentiality because security guards were present.
"There are several lawyers who have informed me that their general practice is to request that matters be stood down so that they could speak in the dock," Ms Higgins said.
"This is an issue because court is then delayed."
A Tasmania Police spokeswoman said consultation had taken place with the Tasmania Prison Service which oversees the Launceston Reception Prison.
Tasmania Police said that a designated room was available for solicitors to speak with police lockups.
"This is available for 'in-person' visits only. Solicitors can contact Launceston Reception Prison to arrange appointments," the spokeswoman said.
"This room does not have a phone line for occasions when solicitors are not available or are unwilling to attend the Launceston Reception Prison.
"As a result there have been occasions where police lockups have been taken out into the Launceston Police charge room so they can make phone contact with their solicitor," the spokeswoman said.
The spokeswoman said consultation was continuing with the Launceston Reception Prison to consider options for a cordless phone handset to be used in the designated room if solicitors are not available/unwilling to attend the Launceston Reception Prison.
"However, this will need to be done on a case by case basis,the spokeswoman said.
A Department of Justice spokesman said prisoner, remandees and police detainees were able to meet confidentially in person with their legal representative in the Launceston Reception Prison.
"Appointments for this to occur are readily available," the spokesman said.
Ms Higgins said that lawyers were reporting that it was particularly difficult to get in contact with a client in police custody prior to a bail application.
She said that the watchhouse phone was frequently unanswered and when it went to voicemail there was not return call.
"I'm told that when the phone is answered police simply do not have the time or resources to assist or allow the call," Ms Higgins said.
"There are too many clients being held in custody being held in custody to be able to talk them all given the above problems."
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
