Courts aren’t safe from new mutant strain say lawyers
CORONAVIRUS measures operating in court buildings will not stop the new mutant strain from spreading, lawyers have warned.
They claim that there are not enough places where lawyers can discuss matters with their clients ‘privately and safely in the current pandemic’.
The Glasgow Bar Association (GBA) said insufficient adaptations had been made to interview facilities at court and in the docks.
It comes 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 – a move that lawyers from the GBA said they would ‘strongly object to’.
In a letter to Lord Carloway, the GBA 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 socioeconomic 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.’
The lawyers 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.’
The letter added: ‘To compound your message with the ultimate sanction of contempt is a matter which we strongly object to.’
Lawyers also said that some cases could be dealt with administratively or remotely ‘ i f the set- up was improved’, adding that they would be happy to hold further discussions with Lord Carloway in an attempt 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 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 courtroom 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.’
‘Goodwill is being rapidly exhausted’