Glasgow Times

City lawyers fire back at Scotland’s top judge

- BY TOM TORRANCE

LAWYERS have warned that coronaviru­s measures op e r at i n g i n c o u r t buildings will not stop the new variant of the virus from spreading.

The Glasgow Bar Associatio­n said that insufficie­nt adaptation­s had been made to interview facilities at court and in the dock and that there are not enough places where lawyers can discuss matters with their clients “privately and safely in the current pandemic”.

The organisati­on voiced concerns after Scotland’s most senior judge Lord Carloway urged people entering court buildings to follow coronaviru­s rules to ensure that the administra­tion of justice can continue safely.

He also warned that flouting the rules may be considered contempt of court, which lawyers from the Glasgow Bar Associatio­n said they “strongly object to”.

In a letter to Lord Carloway, the Glasgow Bar Associatio­n said: “Court users have adapted impressive­ly to facilitati­ng court hearings since lockdown, but the impact of the virus is most keenly felt on the persons who are accused or their witnesses, who are invariably from a lower socio- economic group, have associated health issues and are apparently at higher risk of contractin­g and spreading this virus.

“Sufficient adaptation­s have not been made to interview facilities at court nor in the dock.”

They added: “The reality is the court estate has insufficie­nt accommodat­ion to allow court practition­ers to obtain their client’s instructio­ns in a manner which allows privileged informatio­n to be discussed privately and safely in the current pandemic.

“You have to date been relying upon the goodwill of practition­ers to persevere, but that goodwill is being rapidly exhausted.

“To compound your message with the ultimate sanction of contempt is a matter which we strongly object to.”

They also said that some cases could be dealt with administra­tively or remotely “if the setup was improved” and said they would be happy to hold further discussion­s with Lord Carloway to improve matters.

The associatio­n warned: “If the goal is to stop the spread of this latest mutation, it is with regret and concern that we write to advise

If the goal is to stop the spread ... the measures will fail

that the current measures in operation will fail to achieve that.”

The Scottish Courts and Tribunals Service ( SCTS) has said that courts and tribunals will continue to operate business as currently scheduled, as it is an essential service.

People coming to court must wear face coverings when moving around the building and follow social distancing measures.

Starting times for court business are varied to reduce the number of people in buildings at any one time and many custody cases are being heard virtually.

Remote jury centres have been created to provide physical distancing both in the court room for participan­ts and for the jurors in their specialise­d centres.

SCTS chief executive Eric McQueen said this week: “Our courts can continue to operate safely if all participan­ts comply with the measures in place.”

 ??  ?? Lord Carloway received objections from the Glasgow Bar Associatio­n
Lord Carloway received objections from the Glasgow Bar Associatio­n

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