Monday custody court boycott as bars unite in protest

Five local bar associations will boycott custody courts this Monday (17 May) in a united protest against the Scottish Government's failure to distribute the promised resilience fund and traineeship fund to support criminal defence solicitors reliant on legal aid income.

Solicitors in Glasgow, Edinburgh, Dumbarton, West Lothian, and Highlands & Moray will refuse to attend court to appear for people arrested and held in custody over the weekend and brought before the sheriff on the Monday.

The action is being taken by solicitors claiming their livelihoods are at stake due to the severe restrictions on business in the summary criminal courts for lengthy periods during the COVID-19 pandemic. Although the resilience fund, said to be worth up to £9m, was announced by Justice Secretary Humza Yousaf early this year, firms who applied as required to the Scottish Legal Aid Board were deemed to merit little more than a quarter (£2.3m) of that total. Fewer than a third of those who applied were granted any award, and many awards were in the hundreds of pounds when the firms say they have lost many thousands. 

Information obtained by freedom of information requests revealed that the Government has saved more than £20m in legal aid payments due to the reduction in business.

A similar boycott on public holidays late last year and at new year was part of the lead-up to the initial Scottish Government announcement.

The Scottish Solicitors Bar Association has also released a statement on behalf of 17 local bars calling on the Scottish Government to take urgent action to distribute the resilience fund and a traineeship fund also promised, to help encourage more intending solicitors to train in criminal law. 

"The profession is at breaking point", it said. "Firms must be supported now to ensure we maintain a healthy and vibrant legal profession. This is fundamental to access to justice. The most vulnerable in society and, indeed, justice itself will continue to suffer if the legal profession is not supported."