Custody courts sit late as solicitor boycott hits home

Custody courts across Scotland were disrupted yesterday as defence solicitors took action in support of their protest at the lack of Scottish Government support over increased demands in the conduct of cases during the pandemic, and the loss of legal aid income.

At least eight sheriff courts – Glasgow, Edinburgh, Aberdeen, Inverness, Greenock, Dumbarton, Kilmarnock and Livingston – were hit by a boycott which meant that in most cases just one solicitor from the local bar appeared to represent those arrested and held in custody over the weekend.

In Glasgow, where two committee members of the Glasgow Bar Association shared the load, the court did not rise until 10.35pm, even though case numbers were only 60% of normal. Police are believed to have released some accused who would otherwise have been held in custody. Thanking the solicitors who appeared, the GBA also paid tribute to the bench and court staff for their continued support.

Those taking action hope that it will increase pressure on Justice Secretary Humza Yousaf to make good on his promises of support for the defence bar. Various solicitors have pointed out via Twitter that this is how the future for criminal defence will look without Scottish Government investment. Derision was also directed at a tweet from the Government drawing attention to the resilience fund for defence firms, which has failed to pay out any meaningful sums to most firms that claimed for losses sustained.

Some solicitors including Aamer Anwar are now suggesting that action affecting other court diets, including trials, may be necessary to force change.

Speaking ahead of the boycott, Law Society of Scotland President Amanda Millar said: "We warned Government that its harsh and rigid criteria for support grants would mean money would not reach those who desperately need it. Regrettably, this is exactly what has happened. It is why so many solicitors now feel they have no choice but to act to make the Government change course and amend the way firms can get financial support. Ministers need to listen and act fast."