Defence lawyers to resume domestic abuse case boycott

The Scottish Solicitors’ Bar Association announced that none of its members will accept instructions in summary prosecutions involving section 1 of the Domestic Abuse (Scotland) Act 2022 – nor will they be accepting court appointments.

The SSBA first took such action in 2022 but stopped after the Scottish government offered a 10 per cent increase in fees.

It stated: “In the intervening two years, they have made no progress. Literally none. Since the increase was agreed, inflation has skyrocketed and has wiped out any increase in real terms.”

Law Society of Scotland president Susan Murray said: “We understand and fully appreciate the deep frustration that has driven SSBA members to take these steps. Criminal defence is a fundamental part of Scotland’s justice system and the Law Society has long argued for a properly funded justice sector for the Scottish public. That means proper funding for legal aid and the criminal bar in Scotland.

“Without appropriate funding, it is ultimately the public who will suffer, particularly those who rely on legal aid to access legal representation for criminal and civil matters. This is a longstanding issue that must be capable of being resolved and for which solutions need to be found urgently.”

The SSBA had suspended the action first launched in 2022 when negotiations began to develop an annual fee review system for legal aid fees.