Holiday courts damaging overstretched criminal justice system

The Law Society of Scotland has called for criminal court hearings held on public holidays to be ended, because of the severe negative impact they are having on legal practitioners and their clients.

The professional body for Scottish solicitors has written to the Lord President as head of the judiciary to voice serious concerns about so-called holiday courts held for custody matters, calling for there to be no future sittings, including on the 27 May Bank Holiday.

Law Society of Scotland President Susan Murray said: “Our criminal justice system is already under extreme pressure. These additional holiday court sitting days are causing hardship to court practitioners working in small legal firms, who struggle for work-life balance as it is. What we need is a well-supported and sustainable criminal bar in Scotland, that can continue to provide access to justice to the many vulnerable people whom they represent.”

The Glasgow Bar Association and Edinburgh Bar Association have also been vocal in their opposition to the extra sitting days since they were introduced at the beginning of the Covid-19 pandemic, with their members continuing to boycott them.

Tracey Mulholland, President of the Glasgow Bar Association, said: “Court practitioners have historically been willing to appear for custody matters over major holidays at Christmas and Easter, but we were never consulted before these were extended to all holidays.

“Beyond the risk of burnout for solicitors already feeling stretched from long hours and unfair legal aid rates, practitioners frequently need to make last minute childcare arrangements and cancel personal commitments so clients are not left unrepresented. It’s issues like this causing women in particular to leave criminal practice in droves.”