The north-east’s most vulnerable and at-risk people are being failed by a justice system that’s on the brink of collapse, solicitors have warned.
Criminal defence lawyers in the city and Aberdeenshire have withdrawn from a duty agency scheme in protest over a lack of financial support for the legal aid sector.
That means people appearing in the dock from custody are not able to see a duty solicitor in person if they rely on the government-funded scheme.
Instead, they’re being offered legal assistance from the Public Defence Solicitors Office (PDSO) remotely.
Typically, private firms take turns on a rota to represent those appearing in court who haven’t the funds for a solicitor.
‘Two years of underfunding’
Aberdeen Bar Association president Ian Woodward-Nutt said: “It’s critical to remember that many people in that position are amongst the most vulnerable in our society.
“Until recently the Legal Aid Board fulfilled their obligation by funding a duty solicitor scheme whereby legal aid was paid to private law firms who would take part in a rota to represent people appearing from custody.”
He said duty solicitors typically work “long days and long nights” and blamed two years of underfunding for making legal aid-funded defence work “impossible to sustain” for many private firms.
“The rates paid are so low that not only are they not profitable but many aspects of the system effectively involve solicitors subsidising the criminal justice system from their own pockets,” he added.
The PDSO does not have any offices in the north-east, so all consultations are being carried out remotely – a situation that solicitors say is failing both the accused and victims of crime.
“They are attempting the impossible, which is to try act as a duty solicitor remotely,” Mr Woodward-Nutt said.
“When you act as duty solicitor you don’t know what lies ahead of you that day. Typically you would be experiencing people in custody who are experiencing one of the scariest and most anxious periods of their lives.
“Many have significant mental disorders, many require interpreters, and the role of the duty solicitor involves trying to take instructions from them and negotiate various issues with the prosecutor in court.”
Peterhead solicitor Iain Jane called it a “scandal” that some people are being remanded in custody for longer than needed.
He said just last week two people could not be released on bail because their PDSO agent was unavailable during the final hour of court business.
“I can’t imagine saying to a sheriff ‘I won’t be there because I have a meeting’,” he said.
“But those two people spent an extra 24 hours in custody than they had to.”
‘Doing the bare minimum’
“Everyone is burying their heads in the sand,” Mr Jane added.
“They are doing the bare minimum to ensure the system doesn’t fail, because to allow it to fail would show that what we are saying is right.
“It’s only through our grace and goodwill that it has been allowed to continue.
“All this is doing now is adding to the backlog and denying victims the chance to have their case dealt with at the earliest opportunity.”
His colleagues in Peterhead and Banff have also withdrawn from the duty scheme, as have faculties in the Borders and Edinburgh. Their counterparts in Dundee and Fife will follow next month.
Mr Woodward-Nutt added: “The astonishing thing is the justice committee has written to its own Scottish Government saying urgent increases are needed.
“But this is being ignored by the government, who seem to be intent on sitting back and watching the justice system collapse.”
A Scottish Government spokesperson said: “The Scottish Government has acknowledged the important role of the legal sector throughout the pandemic. We have provided a 5% increase in legal aid fees in 2021, plus a further 5% increase this year to be delivered shortly.
“In addition, we have provided £9million in additional funding to the profession in the context of the Covid-19 pandemic, as well as establishing a £1m fund to support traineeships.
“This amounts to a £20m investment in legal aid since March 2021 in addition to a 3% uplift across all legal aid fees in 2019.”
For all the latest court cases in Aberdeen, as well as the latest crime and breaking incidents, join our new Facebook group HERE.
