In the face of the Scottish government’s continued refusal to engage in meaningful talks with the profession, the Scottish Solicitors Bar Association (SSBA) “has been left with no option but to step up our disruptive action”, it said.

Beginning in Glasgow Sheriff Court next month, members will refuse to engage with the scheme. This action will then roll out across the country as the scheme is introduced in each jurisdiction, with criminal bars throughout Scotland confirming their support.

Summary case management is designed to make considerable savings in the justice system, but as things stand “none of these savings are being reinvested to ease the many stresses on the court system”, the SSBA said. The savings will also be mainly due to significant extra work done by defence solicitors in the early stages of the case, for which we are to get no additional payment.

In 1998/99, before legal aid fixed fees were introduced, the average cost of a summary case was £820. This reduced to £651 in 2000/01 after the introduction of the fixed fee. Last year the average cost of a summary case was £780. Despite the increases over the last five years the average cost of a summary case is still £40 less than it was in 1998/99. Had it increased only by inflation it would be £1,540.

At the same time spending on prosecution has risen sharply.

In 2016/17 the Crown Office received a total of 206,662 reports (195,731 criminal reports and 10,931 death reports). Its costs that year were £108.7 million. An average of £526 per report.

In 2023/24, it received a total of 162,216 reports (148,998 criminal reports and 13,218 death reports). Their costs that year were £200.8m. An average of £1,237 per report. Over that period the average cost per report has increased by 235 per cent. The legal aid fixed fee has increased by 17 per cent.

The SSBA said: “The Scottish government continue to say there is no money to meet our demands, but the truth is there just seems to be no money for the defence. To meet our requests would cost around £10m. Again, for context this is roughly the same amount the government spent on external advice for themselves defending the GRC and deposit return cases.

“The independent criminal bar is dying, with lawyers leaving every week for better pay and conditions elsewhere. Unless the government engages with us as a matter of urgency, it will be too late. There is no justice if the people do not have the means to access it.”