Today I received a citation as a witness in a court case.
I am to attend the sheriff court on a date in November to give evidence – something of a busman’s holiday for someone who spends their working life in a court.
It’s the second time prosecutors have attempted to bring this case to trial.
The case was first due to call in June.
It was put off, for reasons unknown to me.
It’s an inconvenience. But as a seasoned court reporter, it’s not a total surprise.
Experience tells me court cases are usually put off due to one side, or both, not being fully prepared for trial – often through no fault of their own.
But worryingly there is a new reason for case deferrals that is becoming increasingly common – lack of representation.
Legal Aid rates in Scotland stagnant for years
Many solicitors have withdrawn from the duty scheme in Scotland, amid claims legal aid payments are too low.
It means accused people can find themselves in the dock for the first time without any kind of legal advice.
Some may enter a plea. But others will ask for the case to be adjourned for them to seek legal advice.
Some may make it all the way to trial without ever speaking to a solicitor.
The whole system is becoming increasingly precarious.
Hard to see how our legal aid system can be defended in this way when you consider the figures mentioned in the article: see below. Who else would tolerate a pay rise of 76pence (yes, *pence*: not percent) since 1999? https://t.co/f6l47WuH2A pic.twitter.com/mk6JEw6x1X
— Roddy Dunlop QC (@RoddyQC) June 23, 2022
Solicitors are understandably unhappy with being paid rates that have not risen in decades.
In England barristers have already begun striking to ensure fair pay for a fair trial.
It may only be a matter of time before the Scottish criminal bar takes similar action.
Solicitors abandoning criminal defence jobs
Many solicitors have already left the profession.
Fife solicitor Lyndsey Barber vlogged about her decision – and was mocked by SNP politician Dave Doogan.
But the figures speak for themselves.
A duty solicitor representing someone pleading guilty from custody earns £79.50 in Legal Aid fees, regardless of whether the accused appears at 10am or 4pm.
Add any prep work on top and that works out at as little as £12-13 per hour.
To put that in perspective, a shift manager at McDonalds earns around £11 per hour – and those under their charge are guaranteed their freedom at the end of the day.
A solicitor defending someone on a charge of murder is paid a flat fee of £496.26 to cover every meeting with their client in prison from the time of their full committal hearing to the conclusion of the trial.
As the maximum detention period between full committal and start of the trial has just been raised from 110 days to a maximum of 320, this works out at around £1.50 a day.
The longer the trial, the more that figure reduces.
And don’t forget, these men and women are highly trained and are being paid not just for their time and travel, but for their expertise – something that’s essential when navigating a sometimes complicated legal system.
Court delays affect victims as much as accused
Currently the entire system is being run on a shoestring budget and the diminishing goodwill of a number of dedicated individuals who are passionate about the pursuit of justice.
Without these solicitors some cases simply could not go ahead.
Those accused of some crimes, including rape and domestic abuse, are barred from representing themselves as they would be responsible for cross examining their alleged victim.
Diminishing numbers of solicitors means inevitably cases will be repeatedly put off.
But delays mean more than just a long wait for an accused to have their day in court.
They mean delayed justice for victims as well.
It’s in everyone’s interest that Scotland has a working, properly-funded legal system.
Kirsty McIntosh is a reporter with The Courier’s crime and courts team.
