‘No ifs, no buts, no weekend courts’ – Hamilton bar votes against SCTS proposal

'No ifs, no buts, no weekend courts' – Hamilton bar votes against SCTS proposal

Matthew McGovern

The Hamilton bar has unanimously voted against participating in weekend courts.

Scottish Legal News reported yesterday that the Scottish Courts and Tribunals Service had suggested that weekend trials could be held in order to expedite the resolution of summary criminal business.

This latest indignity against criminal lawyers is, however, expected to be rejected by local bars across Scotland.

Solicitor Matthew McGovern tweeted that the Hamilton bar had voted against the proposal.

The young lawyer went on to describe the imminent collapse of the criminal defence system, warning of a “demographic timebomb”.

“I was the only solicitor in the room today under the age of 30. There isn’t a single criminal trainee at Hamilton just now. Women were outnumbered more than 5:1. The vast majority were over the age of 50. The demographics of the profession are a major problem.”

Mr McGovern, who is a solicitor at McGovern Reid Court Lawyers and a member of the Scottish Young Lawyers’ Association committee, added: “The legal aid fees regime is so unrealistic that almost all of my generation have left criminal defence. Very few traineeships are advertised but even fewer NQs choose to remain practising criminal legal aid after qualifying.”

He criticised the Scottish government for its failure to adequately fund the legal aid system.

“SLAB and ScotGov ignore the impact that their policy has on the diversity of the profession. If this was any other area of public expenditure, it would be a national scandal but it is tolerated for legal aid as the overriding objective is for justice to be cheap.”

Mr McGovern warned that the system is at breaking point.

“There will be a massive skills shortage in the justice system in the next decade and the government – encouraged by SLAB – are complacent. Young lawyers must already accept lower pay and offering a 24/7 service to clients and police without also having to sacrifice our weekend as well. It is completely unacceptable. There are serious implications for the mental health of the profession if weekend courts are introduced. What thought have SCTS given to that point?”

He concluded: “The profession has been treated with contempt and the line in the sand must now be drawn. No ifs, no buts, no weekend courts.”

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