New jury trials will be moved from the islands to the mainland due to staffing “challenges” in the prisoner escort service.
Orkney’s MSP Liam McArthur has expressed serious concerns about the plan, and has written to the justice secretary saying the removal of new cases from islands was “unacceptable”.
New cases that would normally have been held in Kirkwall, Stornoway and Lerwick, will now be held in Inverness, Aberdeen or Peterhead Sheriff Courts. Current cases will continue as normal.
Existing jury trials at Portree and Lochmaddy will be transferred immediately to Inverness.
The problem stems from a lack of staff in the prisoner transfer contract, provided by operator GeoAmey.
Scottish Courts Service has said jury trials will be moved to the mainland
Staff from GeoAmey bring prisoners from custody in Scottish prisons to face charges in courts across the country.
A statement from the Scottish Courts Service said: “Due to the ongoing staffing challenges being faced by Geo Amey in delivering the prisoner escort service we are engaging with justice organisations to minimise the impact on the operation of court business.
“As a result Sheriff Principal Pyle has published an Order of Court, introducing changes to the jury court operations for Grampian, Highland and Islands Sheriffdom.”
Existing scheduled jury trials at Stornoway and Lerwick and all other court business will continue to call at their respective courts.
Mr McArthur said he believed the decision had to be reversed.
He said: “The suspension of jury trials in Kirkwall and other courts during the pandemic was understandable.
“However, this was supposed to be a temporary measure in response to extraordinary circumstances and that once restrictions were lifted jury trials would return to courts across Scotland.
“The fact that the failure of a private contractor to fulfill its contract has led again to the centralising of trials is wholly unacceptable.”
He said: “At the very least this will have the effect of restricting access to justice at a local level.
“As well as the impact on those facing trial, this move will affect witnesses, victims and lawyers representing their clients. All now face the prospect of extra costs in time and travel to attend court.”
He has written to Justice Secretary Angela Constance demanding steps are taken to allow jury trials to resume in Orkney and other islands as soon as possible.
He added: “Depending on the response I receive, I will be raising this in the Chamber when parliament returns from recess at the start of next month.”
A spokesman for the Scottish Courts and Tribunals Service said: “We are working with justice partners to minimise the impact, ahead of a long-term solution.”
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