Solicitors to stop advising those held in police cells
SCOTLAND’S justice system will be thrown into chaos today when solicitors in Edinburgh stop giving advice to clients in police custody.
The action is likely to spread around the country and will create further delays to a system that routinely carries a backlog of tens of thousands of cases.
The Edinburgh Bar Association voted to take action after the Scottish Government pushed through changes solicitors fear will see them carrying out some tasks for nothing.
Criminal lawyers in the Borders, Fife, and Central Belt are also withdrawing from the police station scheme and the Glasgow Bar Association is holding a meeting on the matter next week.
GBA President Ron McKenna said: ‘We will be considering whether to withdraw.’
Senior figures say the absence of a cost of living increase in legal aid since 1992 has seen many firms closing and made it difficult to attract the best young solicitors to that area of the profession.
The Criminal Justice (Scotland) Act 2016 strengthened the rights of people held at police stations. Part of the act will mean a person detained by police can seek advice from their solicitor at any time, either by phone, in person or both.
‘Considering whether to withdraw’
Bodies representing solicitors, including the Law Society of Scotland, advised the Scottish Government to increase the fees they proposed for this work.
Robert More, vice-president of the EBA, said: ‘We highlighted to the Government that a number of able young female lawyers have left this part of the profession in recent years. In my view, there can be no doubt that there is a direct link between the departure of those people and the huge disruption to their lives which undertaking this kind of work causes.’
Gordon Addison, a criminal defence solicitor in Falkirk, said: ‘We’ve had 25 years without a rise in summary fees. It’s unsustainable.’
A Scottish Legal Aid board spokesman said: ‘Participation in the police station duty scheme is not obligatory.
“There are 845 solicitors who currently choose to give police station advice. If a number of solicitors decide not to make themselves available to help people in police custody that is their decision.’
A Scottish Government spokesman said: ‘The regulations passed by the Scottish parliament will lead to an enhanced fee package for solicitors who provide police station advice.’