Agencies involved in the Scottish courts must use "greater collaboration" to improve delayed criminal proceedings, the under-fire private firm responsible for prisoner transfer has said.
GEOAmey is contracted to organise prisoner transfer and custody for the courts but "unacceptable pressures" on the justice system have been causing severe hold ups.
One defence solicitor highlighted a hold up of 10 hours at Hamilton Sheriff Court earlier this week while an appearance of high-profile prisoner Nicholas Rossi at the High Court in Edinburgh was delayed by more than five hours on Tuesday.
But GEOAmey, which holds a £240million contract with the prison service, said delays were in large part caused by "significant logistical challenges" in a system struggling with "related issues across the judicial sector".
A spokesperson said issues were being caused by difficulties in hiring staff due to wider recruitment shortages across the UK.
He said: "We are having ongoing discussions with all stakeholder partners on how to fulfil our shared ambition to improve service to the courts and broader judicial system.
"We fully accept that the challenging labour market throughout the UK has had an impact on our recruitment and staff retention, this is undoubtedly a material factor in the delays to courts.
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"We have and continue to apologise for the impact that this is having.
"The majority of all escorts take place on time and without incident, but nonetheless we will continue to strive to improve the service we provide.
"The challenges that we face are only a part of other system related issues across the judicial sector that need to be addressed if a smooth and efficient court service is to be achieved."
GEOAmey gave the example of Hamilton Sheriff Court on Monday where it was asked to escort and manage 49 persons from custody to the building - but the building has holding space for 18 people.
The spokesperson added: "The expectation was for all 49 to be available at any point in the day to attend their hearing without guidance on timings for each individual nor priority of sequencing from the court.
"This presents significant logistical challenges when persons in custody require continuous supervision and is just one recent example of how the system needs greater collaboration to overcome its challenges, particularly during this current period where the Courts & Tribunal Service are increasing workload to clear historical backlogs in cases."
Defence solicitor Matthew McGovern tweeted that GEOAmey’s service was an “absolute disgrace” and said there had been a delay of more than 10 hours in bringing the accused to Hamilton Sheriff Court from a police station less than 10 miles away.
In a coruscating thread of tweets, he called the service "an appalling way" to treat accused people.
Mr McGovern said: "It is an appalling way to treat an accused person who retains the presumption of innocence and it is putting unacceptable pressures on everyone else involved in the criminal justice system.
"Solicitors are now working longer and longer to compensate for a private firm treating the Court with wilful and repeated contempt.
"An already unhealthy work/life balance is being exacerbated because GEOAmy are offering such a substandard service. But it goes beyond solicitor well-being.
"Court staff are being forced to work later and later to compensate for the disruption this private company is causing within the CJS.
"It is draining morale within the criminal justice system and will result in more and more people saying “no thanks" to working within the criminal justice system and going to work elsewhere.
"Without good qualify staff in court, the courts will become even less efficient and it will be impossible to clear the backlog.
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"The area where the backlog is most pressing is at sheriff court solemn level and solemn trials are being disrupted on a near daily basis because GEOAmy are not bringing accused persons out for their trial.
"These delays are having an impact on not only accused but also victims, witnesses and jurors and nothing is happening to hold GEOAmy to account for their complete disregard for the Court.
"If I provided a client with the level of service GEOAmy are providing, instructions would have been withdrawn long ago but GeoAmy seem to face no sanction. Why?"
Mr McGovern said that Hamilton Sheriff Court has implemented a policy, with solicitor consent, that allows a jury to be balloted in the accused's absence - essentially beginning the trial without the accused being there.
He added: "We’re through the looking glass now. Convenience should never trump justice and GeoAmy’s profits should certainly never trump justice.
"GEOAmy are holding the Court to ransom and they are destroying what remains of the morale of those will still work within the CJS.
"Everyone who works within the CJS will have their own story about how GEOAmy have disrupted the court and how the court has had to find a way to work around GEOAmy’s failings.
"It is the untold scandal of the criminal justice system and it would significantly undermine the public’s confidence in the criminal justice system.
"The only question left to ask is: who runs the courts - SCTS or GeoAmy?"
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Reporter Lauren Gilmour, from the Press Association, said that on Tuesday Nicholas Rossi was due to appear in relation to his extradition case at 10am but was not brought to court until 2.30pm and court called at 3.30pm.
Children's hearings are being similarly affected by the delays whereby persons relevant to the child - such as their parents - are unable to attend hearings in person because there is no transport available.
A spokesperson for the Scottish Courts and Tribunal Service (SCTS) said the organisation is liaising with the Scottish Government and Scottish Prison Service, as contract holder, to secure improvements.
He added: "Delays in the transportation of prisoners and accused people by GEOAmey is causing unacceptable disruption to court programmes.
Following delays caused by the covid pandemic, the auditor general warned it could take several years to clear backlogs of more than 28,000 solemn trials and 25,000 summary trials.
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GEOAmey was the only bidder in the running for the eight-year, £238million contract awarded in 2018.
The GEOAmey spokesperson added: "We are committed to improving our service and working with our partners as we overcome our collective challenges to ensure the smooth running of our courts and judicial system."
The GMB union, which represents GEOAmey staff, was contacted for comment.
A Scottish Government spokesperson said: “We are aware of delays in the transportation of prisoners and accused people.
"The Scottish Prison Service leads the management of the contract on behalf of justice partners and is working collaboratively with partners, including the Scottish Courts and Tribunal Service, to support GEOAmey to resolve these issues.”
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