Police removal of Edinburgh lawyer from court sparks solidarity in Glasgow

While undertaking its boycott of the custody court, an Edinburgh Bar Association (EBA) member was told by a police officer that they had to leave the building.

The incident prompted the Glasgow Bar Association to write to its members advising them not to enter court buildings or to undertake teleconference/videoconference hearings “pending a satisfactory resolution” to the situation.

EBA tweeted that what happened was an “absolute outrage” and something expected of a “totalitarian state”.

In a letter to the sheriff clerks at Edinburgh, EBA wrote: “The interference that occurred on Saturday was entirely unjustified and unacceptable. We can no longer be comfortable that we are going to be able to do our jobs given this intrusion into our professional lives.”

Ken Dalling, president of the Law Society of Scotland, said: “I was deeply concerned by the news over the weekend of a solicitor being removed from the Edinburgh Sheriff Court by police whilst giving advice to a client.

“A key principle of our legal system is the right of a citizen to get independent legal advice without police interference. Any action which undermines this right is unacceptable. I have written to both Police Scotland and the Scottish Courts and Tribunals Service, asking for an early explanation.

“For the sake of the proper operation of our courts, and the wider interests of justice, each organisation must now quickly reassure solicitors and the public that the right to legal advice will be protected, whether in Edinburgh or any other court building in the land.”

In an open letter to EBA, David Fraser, executive director of court operations at the SCTS, said the solicitor was in the cell area discouraging prisoners “from using the duty solicitor”.

“PDSO were the designated duty solicitors for Saturday 30 October. The duty solicitor has an obligation to the court to be available to represent individuals who are entitled to their services. These obligations remain until the court concludes and their services can be requested at any time until the court concludes.”

The letter added that there “has been no interference from SCTS or officers of Police Scotland preventing solicitors from taking instructions, providing advice or representing their clients”.

It concluded: “SCTS is happy to give reassurance to all EBA members that the court will not only facilitate defence solicitors providing advice to clients in the court cells, but welcomes the assistance this brings to the criminal justice system.”

Meanwhile, the COP26 boycott has spread. Solicitors in the following courts have confirmed their participation in the duty boycott: Aberdeen, Alloa, Ayr, Dumbarton, Dumfries, Dundee, Dunfermline, Edinburgh, Falkirk, Glasgow, Jedburgh, Kilmarnock, Paisley, Peterhead, Selkirk, Stirling, West Lothian.