Solicitors have raised concerns over video links, and said while the rest of the country is coming out of lockdown, courts are “tightening up more than ever”.
Some custody cases at Aberdeen Sheriff Court are held with the accused person appearing via a video link from Kittybrewster police station.
The measure was initially brought in for cases in which the accused is confirmed or suspected as having Covid-19.
But the Scottish Courts and Tribunals Service has now confirmed it aims to expand the scheme to all custody cases, “removing the need for anyone to physically appear in court” – something which has been met with firm opposition from solicitors.
Concerns have been raised over vulnerable people appearing via video link and not being able to have a face-to-face consultation with their lawyer.
There are also worries over how well the accused can hear and follow the proceedings via the links.
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Stuart Murray, president of the Aberdeen Bar Association, said: “The problem is a great many people are being dealt with by way of virtual custody.
“It seems to be a matter that’s being driven by Police Scotland as well as the Scottish Courts and Tribunals Service.
“Judges don’t seem to have any control over what’s happening and often it seems to be beyond the knowledge of the bench.
“The problem is Police Scotland seem to be pushing through this system of virtual custodies and initially it was because they were trying to deal with people that either had Covid-19 or were suspected of having Covid-19.
“Latterly what they’re clearly doing is testing a system which I assume they want to impose long term and they’re putting through a minimum of two virtual custodies a day. But there’s no analysis as to what needs those individual custodies have.
“So very often people that may have multiple issues, drug addiction, alcohol addiction, mental health problems, medical issues, are not being assessed and are being deprived a face-to-face consultation with their lawyer.
“It’s the case that I’ve had more than one client go through court over the last few weeks who have had multiple issues, including learning difficulties on occasion, who are dealt with by way of link from Kittybrewster police station.
“They’re physically being denied face-to-face contact with their solicitors.
“The reality is, whether this is right or wrong, many of these people view being in Kittybrewster police station as a hostile environment and people that are dealing with them are often viewed as being hostile to their cause.
“That doesn’t assist a client when they’re trying to give instruction to their solicitor and it causes them a great deal of distress and anguish.
“What we say is custodies should all be brought to court to have face-to-face contact with their solicitor, rather than being dealt with virtually.
“This is probably more prevalent at a time when schools are going back in August, universities seem to be looking at going back before Christmas, shops are open, pubs are now open, and life is getting back to normal.
“For some reason, the Scottish Courts and Tribunals Service seems to be closing down and tightening up more than ever and it makes no sense given the way the rest of the country is coming out of lockdown.”
Mr Murray said going through being arrested and charged and appearing in court virtually can have a negative impact on people’s mental health.
He said: “It affects their mental health. If they’re not able to get comfort from seeing their solicitor, which is what historically has happened, it puts them in a state of unease and so they may not be able to think clearly in order to provide proper instruction.”
And Mr Murray also said there were technical barriers to the video links being used.
He said: “There are multiple occasions when the accused person can’t actually hear what’s going on in court, so it may be that issues come up in court that the accused can’t hear.
“On more than one occasion sheriffs have simply deferred matters or continued matters to allow the accused person to appear personally.
“I had a case last week where the sheriff dealt with it in that manner because it was clear the accused couldn’t hear or understand what was happening in court.
“It’s ridiculous in this day and age the technology is not there to be able to have these things dealt with properly.”
Solicitor Paul Barnett, of George Mathers and Co, also voiced his concerns over the use of video links.
He said: “First the quality of the link is really poor so that there’s a delay and it’s pretty obvious that the accused is having difficulty in being able to hear what you’re saying in consultation and, more importantly, in court.
“Often people who find themselves in custody are some of the most vulnerable people in society. We’ve got people with mental health problems, learning difficulties and I personally had a case last week where he had been diagnosed with dementia.
“It’s a stressful time being in a police station and accused of a criminal offence, but when you throw in a vulnerability and that person doesn’t have a solicitor actually there that ensures their interests are being looked after, it will make the situation all the more intimidating and distressing.
“It’s hugely concerning you’re having court appearances where there’s no guarantee at all the accused person is understanding and hearing what’s going on.
“Personally I don’t think there are any cases which are suitable to be dealt with like that, but certainly the most concerning situation is where you’ve got a vulnerable person who clearly doesn’t understand what’s going on.”
A spokesman for the Scottish Courts and Tribunals Service said: “Video link custody hearings were put in place during the Covid-19 outbreak for any accused with suspected or confirmed symptoms, in order to minimise the risk of infection and transmission.
“Given the relatively low numbers involved each day, an additional two non Covid-19 cases are also being heard by video link to build knowledge and experience and address any teething problems in the operation of video link custody hearings.
“Separately, it is the aim to move to fully virtual custody hearings, removing the need for anyone to physically appear in court.
“A pilot is being developed in Glasgow Sheriff Court, involving a representative from the Glasgow Bar Association. The pilot will determine the requirements of the virtual custody hearings, including the technical solution, consultation between the solicitor and accused and case scheduling.
“The pilot will be fully evaluated before any decision is taken on a wider rollout.”
Chief Superintendent Barry Blair from Criminal Justice Services Division said: “The coronavirus pandemic has resulted in unprecedented change in how we conduct some of our daily business, with our main priority remaining the safety and well being of our staff, visitors and those in our custody.
“A contract was recently put out for tender in order to supply Police Scotland with various pieces of video-link equipment that will be used to allow for virtual courts to be established within a number of our custody suites.
“The introduction of this equipment has removed the need to transport prisoners, who are deemed at risk of Covid-19 infection between the police station and courts for a first custody appearance, thus reducing the potential spread of the virus to police personnel and criminal justice partners.
“Video conferencing equipment is currently installed in 11 police stations across Scotland and direct contact can be made to any court building in Scotland. Funding has been secured to increase the number of Video Link facilities to 36. The equipment and processes have been tried and tested to ensure the process is fair and transparent and that the accused person is not adversely affected by not appearing in court in person.
“Solicitor consultations are also being facilitated to ensure that accused persons continue to provide instructions and receive advice to and from solicitors. With solicitors and prosecutors also being able to, on occasion, appear via video, this again helps reduce the potential for exposure and transfer of Covid-19.
“Recent legislation has been introduced to allow GeoAmy to manage the court process within the police station, which minimises the resource requirement for Police Scotland. The move to video link technology is supported by the Scottish Courts and Tribunal Service, Crown Office and Procurator Fiscal Service and other criminal justice partners and will be a key means through which additional capacity is created in the justice system as part of our response to the coronavirus pandemic.”
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