Two of Scotland’s busiest courts are set to face a further day of disruption amid a row over claims a solicitor was told by police to leave a court building.
The incident is said to have taken place at Edinburgh Sheriff Court on Saturday, with the lawyer being asked to leave while speaking to a client.
On Monday, lawyers refused to enter Edinburgh and Glasgow Sheriff Courts in protest, leaving many accused without representation.
Tuesday could see another day of action as they demand answers about what happened.
Police Scotland deny asking the solicitor to leave, however the lawyer involved, who has asked not to be named, told The Herald that an officer signalled for him to exit a private consultation booth before telling him to leave.
He said: “At some point in the middle of the morning, I was speaking to my own client, when my attention was drawn to a police officer I know.
“He was clearly trying to get my attention so I came out of the interview booth and spoke to this officer.
“He looked embarrassed about being put in this situation, but he told me that the Sheriff Clerk had said that I had to leave the building.
“I then clarified the position with the Sheriff Clerk and it was made plain to me that I had to go.”
The incident comes amid an ongoing dispute over court contingency plans for COP26 which have seen weekend courts and a duty solicitor scheme introduced to deal with an expected increase in arrests and custody court cases.
Bar associations in Glasgow, Edinburgh and Aberdeen have all opted out of the plans, claiming poor rates of pay in legal aid have left the profession unable to carry out the extra work.
The solicitor in this incident was in the court to advise clients about the boycott and why their solicitor would not be representing them – as has been done in previous protest action by lawyers.
He added: “I was effectively speeding up the running of the court, speaking to everyone briefly and explaining what was going on and handing over a leaflet. However, the sheriff clerks said I had no business being in the court.
“We had a meeting with SCTS on Monday morning, they said I was interfering with the efficient running of court business. But that’s not what I was told on the day, I was told I was being asked to leave because I had no business being there.
“All they had to do was acknowledge that they handled the situation badly. We wouldn’t be in the position that we’re in now. Hundreds of lives have been disrupted and thousands of pounds of public money wasted as a result of the clerks refusing to say ‘we’ve got this wrong’.”
The Scottish Courts and Tribunal Service (SCTS) last night issued an open letter to the Edinburgh Bar Association claiming that the lawyer was disrupting business by “discouraging” accused from using the duty solicitor.
It also stated that, due to the Covid-19 pandemic, “entry to SCTS buildings has been restricted to those whose presence is essential to ensure court business is progressed”.
However, EBA president Neil Martin responded that the claims about the lawyer discouraging the use of the duty scheme were “simply untrue”.
In a responding letter, he wrote: “Unless this is retracted, then I do not know how we can progress from here.”
The Law Society of Scotland has also intervened in the dispute, with president Ken Dalling writing to SCTS and Police Scotland to demand an explanation.
Mr Dalling said: “A key principle of our legal system is the right of a citizen to get independent legal advice without police interference. Any action which undermines this right is unacceptable.”
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