Lawyers across parts of Scotland are withdrawing from vital legal aid schemes in a move which could cause disruption for police and the courts, as well as serious concerns over access to justice.
Solicitors in Edinburgh, Aberdeen and the Scottish Borders are pulling out of several duty solicitor schemes, including those which provide access to a lawyer for police suspects and accused making their first appearance in court.
Lawyers claim the move – which comes amid a long-running dispute over legal aid rates – could see widespread delays to police interviews and court proceedings.
The Scottish Government claims it has already committed to a £20 million investment in legal aid since March last year.
However, the legal aid lawyers, who represent those who cannot afford to pay for legal advice, say the profession is in urgent need of further help, with poor rates of pay making it increasingly difficult to train and retain staff.
Neil Martin, president of the Edinburgh Bar Association, said: “Members of the EBA today announce their withdrawal from all duty solicitor schemes at Edinburgh Sheriff Court, effective from January 31.
“The ongoing decimation of the independent criminal bar continues without any meaningful work from successive governments to stop the rot which has continued for more than a generation.
“It is not a situation that can endure lengthy consultation with gaps of several months between meetings. Help is needed now, or the criminal justice system will simply stop functioning.
“If this is allowed to happen, the impact on all accused, complainers and witnesses will be unprecedented.
“We hope that such an unprecedented step as withdrawing our service from the duty rolls will call the necessary attention to our situation, and the urgency of it.”
As part of the ongoing dispute, bar associations across Scotland have already withdrawn from acting in bank holiday custody courts, including on Monday this week.
This has previously caused lengthy delays to the courts, with some having to sit past 10pm to ensure all accused were dealt with. Some accused have also had to represent themselves as a result of the action.
The Herald understands that in Aberdeen Sheriff Court on Monday, an unrepresented accused appeared on petition (in private) and was remanded in custody.
Stuart Murray, vice president of the Scottish Solicitors Bar Association (SSBA) and former president of Aberdeen Bar Association, said: “A petition matter like that takes place in a closed court, so nobody will ever know what was said by the accused or the prosecution, and this person was unrepresented.
“They may never have been eligible for bail by any sheriff, but that’s a person who is now remanded, during a pandemic, potentially for up to a year, and we do not know what took place in that court. It beggar’s belief and it’s a direct consequence of us having to take this action.”
Mr Murray added that all Scottish bar associations are due to meet next week to discuss further potential action which may include refusing to represent accused in more complex cases such as sexual or domestic abuse charges.
He added: “This has all come about as a direct result of the Scottish Government and legal aid board refusing to take a practical view on fee increases.”
The Scottish Courts and Tribunals Service said it had “contingency plans”in place to deal with the solicitors’ withdrawal, including using remote technology. While the Scottish Legal Aid Board said it has used solicitors from the government-backed Public Defence Solicitors’ Office during previous action.
A Scottish Government spokesman said it had provided a 5% increase in fees last year, with a further 5% rise due this year.
It has also provided additional funding of £9m during the pandemic, as well as a £1m traineeship fund.
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