COP26: Weekend courts imposed on defence lawyers

COP26: Weekend courts imposed on defence lawyers

The spectre of weekend courts has appeared yet again, despite total opposition from the legal profession.

The pleas of lawyers have been ignored by the authorities, with courts due to sit during the COP26 summit to absorb the “anticipated surge” in cases.

Defence lawyers, however, have said they may consider a boycott.

The Scottish Solicitors Bar Association (SSBA) said the plans were announced without any consultation by the Scottish Courts and Tribunals Service (SCTS) with the criminal bar.

In a statement it said: “These courts are to deal with an anticipated surge in cases due to the summit, and will run all weekend.

“Yet again every party involved, court staff, fiscals, police, will all be receiving enhanced pay, while defence agents will be expected to give up their weekend for free.

“This is yet another example of the disdain with which the criminal bar is treated by SCTS, yet without our vital participation, these courts could not function.”

The Edinburgh Bar Association stated: “Having had eight public holidays taken from us in 2021, we now face another three days of being expected to attend court with no guarantee of any renumeration for members,” said a spokesperson. “Yet again we are entirely left out of any discussion or engagement.”

David Fisken, vice president of the Glasgow Bar Association (GBA) as well as a member of the SSBA committee, said: “We were not consulted and in Glasgow it is probably worse than elsewhere because they are going to be on Saturday and Sundays for three weeks in a row.

“That means 26 days in a row working without any extra pay because there is no extra money as yet although there are discussions ongoing for that now.”

A spokesperson for the SCTS said: “As we published last month, COP26 contingency planning is under way for management of court operations.

“Police Scotland and SCTS attended a national seminar hosted by the Law Society to outline the impact of the COP26 conference on July 6. Both organisations will also attend a further Law Society conference on September 15 to update them. In addition, the Law Society are invited to attend an initial operational planning workshop on August 11 which will start to explore the management of custodies during the COP26 conference.

“The potential to have weekend custody courts is a contingency measure which is being developed and is based on the experience of similar past conferences, the level to which they are utilised will depend on the volume of individuals who require to be arrested and then brought before the court. Legal Aid payment for solicitors is a matter for the Scottish government.”

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