My Firm will not be accepting instructions in any case that forms part of this pilot. No client of
@mcgovernreid
will be ever exploited as part of a social experiment to satisfy the demands of the Special Interest Groups. This pilot is not in the interests of justice.
🚨STATEMENT FROM THE HAMILTON BAR ASSOCIATION🚨
The members of the Hamilton Bar Association have unanimously agreed to support the proposed boycott of rape trials without juries. We fully support our colleagues across Scotland who have made their views known over the last 2 days
THIS is what a legal aid lawyer looks like. Protecting the exploited against the worst excesses of state power. This is what is at stake when it comes to legal aid. Without proper investment in LA, there will be no one to speak for those without a voice. Well played
@AamerAnwar
.
Trainee conducted his first ever trial this afternoon. Client acquitted. A well-earned £56.79 for the Firm. Although as the Trainee himself pointed out, conducting the trial probably cost the Firm money due to the time spent waiting and conducting the trial. Unsustainable.
Last week I represented a professional who had been accused of assaulting one of their children. If they had been convicted, their career would have been over. When I first met them, I advised that, in my opinion, the Legal Aid scheme simply didn’t allow me to discharge
A weekend in the life of a criminal defence lawyer:
Friday night-
Attend police station at 7pm for an interview. I had spoken to the client by phone and the client wanted me there. Fair enough, it’s his right. He also sounded incoherent so attendance was clearly appropriate.
🚨 THE HARSH REALITY OF THE CRIMINAL JUSTICE SYSTEM 🚨
Yesterday I was watching the Ryder Cup when I received a phone call from a withheld number. It turned out the call was from a prison. A client then introduced himself and advised he had a razor blade to his throat. 1/
“We look forward to the introduction of a bill on criminal justice reform.” Speak for yourself- it’s almost inevitable the new bill will seek to abolish trial by jury for sexual offences. Any new bill should be resisted every step of the way.
The Legal Aid fee for conducting a trial at the Justice of the Peace Court is £54.08. That is the daily fee, not the hourly rate. It’s simply not possible to sustain a business when the fees are that low. Good luck to our justice partners having to deal with all the self-reps.
Fantastic interview from Frances McMenamin KC.
“The removal of juries for sex offence cases affects the rights not only of any accused charged with such an offence but equally affects the rights of every citizen in Scotland.”
via
@Sunday_Post
@GrahamSpiers
We’ve witnessed two decades of dodgy directors and unpaid tax bills from Rangers. Once they pay the face painter, they can lecture others on the importance of good corporate governance.
Whilst most criminal defence firms are struggling to remain financially viable, the Crown are able to plan recruitment up to 3 years in advance. The inequality of arms that has been created should worry anyone who believes in the rule of law.
We are hiring! We have opportunities for enthusiastic candidates to join our 2022 and 2023 Traineeships. More information and application packs can be found on our website
The suggestion from some quarters that
@AamerAnwar
would try to protect
@scotgov
or
@theSNP
during the inquiry was always unfair and has now been proven to be absurd. He has- as always- acted without fear or favour on behalf of his clients. Devastating statement 👇
“No-one has dared to ask the question what bearing the trial of Alex Salmond or Operation Branchform had on the deletion of WhatsApps”
@AamerAnwar
gives a statement outside the UK Covid Inquiry ahead of former First Minister Nicola Sturgeon’s evidence session
Good piece in today’s
@Sunday_Post
about the exodus of new criminal defence lawyers. A generation will denied access to justice unless
@ScotGovJustice
take steps to allow firms to offer a meaningful career in criminal defence.
Criminal defence firms have been reduced to simply managing the decline of Legal Aid. Meanwhile
@COPFS
are advertising market leading salaries for trainees starting in 2024. Anyone who believes in justice should be very concerned at what’s happened in Scotland.
#InequalityOfArms
⚖️One for would-be solicitors: the Crown Office and Procurator Fiscal Service (
@COPFS
) launch legal traineeships scheme for 2023/24. Closing date for applications: midnight 13th February.
Following
@Siobhianayr
’s car crash interviews re the Hate Crime Act,
@mbmpolicy
and
@ForWomenScot
highlighted that the Minister had repeatedly misrepresented what the legislation says. Against that backdrop, it is inexcusable that
@AConstance23
has made the same misrepresentation
The Hate Crime Act criminalises behaviour that is threatening, abusive or insulting (s.4(1)) and behaviour that is threatening or abusive (4(2)). Nowhere does it state that such behaviour has to be "threatening and/or abusive" as stated by the Minister this afternoon.
This is worth reading from
@AConstance23
who calls for a “compassionate and informed debate” as the Bill goes through Parliament. I agree. However, whilst we are entitled to our opinions, we’re not entitled to our own facts 1/
Agreed. When there was an attempt to “suspend” jury trials at the beginning of the pandemic, it took a Herculean effort led by Ronnie Renucci KC to see it off. A similar effort from the profession will be required in the months ahead.
@mcgovernlawyer
And, with all due respect to the many esteemed voices behind the proposal, it will continue to be opposed by
@FacultyScot
(and, I hope, by
@Lawscot
): because jury trial remains essential to justice in Scotland.
Politicians underestimate the people at their peril and there is a more basic point that the Justice Secretary (and indeed other politicians) will need to address during this debate: if the public are too prejudiced to serve as jurors, why are they trusted to vote?
"If you don't have a functioning justice system then you don't have a functioning democracy and the thanks we are getting, those of us on the front line two years on [from keeping the justice system open during the pandemic] is an absolute disgrace."
Last week a jury trial was adjourned at Hamilton Sheriff Court because a vulnerable accused could not obtain representation. The accused has been in custody since last March. The court made efforts to appoint a solicitor but no solicitor was prepared to accept the appointment.
Hamilton have also voted not engage with the COP26 duty scheme. What an embarrassment for
@ScotGovJustice
. The eyes of the world will be on us and there will be unrepresented accused appearing from custody. How will anyone be able to call that justice?
The
@EdinBarAssoc
has voted not to engage with proposed duty solicitor plans for the duration of COP26. Please see our website for our statement in respect of this and why we find ourselves in this position -
Consultation with client in Polmont. He’s been in for over two weeks and he has still not received his blood thinning medication or a phone to keep in touch with family. This is having a real impact on his mental health. How is this acceptable?
@scottishprisons
#DemandLessRemand
“No law book can give our judges the lived experience of a jury of 15 ordinary men and women coming together, from diverse backgrounds, delivering justice irrespective of education, wealth or status”. Excellent from
@AamerAnwar
who doesn’t miss his mark.
Politicians who have never spent a day in court claim they want rape trials reflecting the needs of modern Scotland, but arrogantly ignore views of those who’ve given a lifetime to working in our courts, whilst ‘cherry picking’ views to suit an agenda
There is a further irony about
@JohnSwinney
’s new found concern for due process: he was a member of the cabinet that approved the juryless trials bill. He then joined
@SP_Justice
when it was scrutinising that same bill. Where was the concern for pre-judging the outcome then?
.
@JohnSwinney
’s support for due process would have more credibility if his government wasn’t trying to remove citizen’s right to a trial by jury in a partisan attempt to boost conviction rates. To quote Mr Swinney at
#fmqs
, do unto others as you would have done unto yourself.
Excellent thread defending the role of juries in the criminal justice system.
@ScotGovJustice
’s proposals to remove juries risk politicising the judiciary as well as putting pressure- both in public and in private on judges to reach the politically acceptable verdict.
If you struggle with the idea that 24 people sitting on 2 separate juries could reach different conclusions about narrow facts then I have some incredibly bad news for you about the alternatives to jury trial.
The custody court at Hamilton concluded shortly before 8pm last night (I finished dealing with the penultimate custody at 1940). In fairness to GeoAmey, every accused was in the building by 2pm. Last night’s delay was the fault of
@COPFS
as many papers- including mine- arrived 1/
Good luck to
@ScotGovJustice
@theSNP
explaining to voters at the next election why victims of crime are waiting years for their case to get to trial, why the backlog hasn’t been addressed and why presumed innocent accused are being remanded almost indefinitely waiting for a trial
Spoke to a client yesterday:
“Why didn’t you ask for me (b4 interview)?”
“The police told me it would take too long to wait for a lawyer and I’d have to wait in the cells all day”
Charged after interview Representation at interview is just as important as representation at court.
Just received a CV from an aspiring criminal lawyer. First class degree, exceptional CV and struggling to enter the profession. Substitute lawyer for doctor or teacher and this problem would be front page news. The complacency from
@ScotGovJustice
is a disgrace.
“Who is accountable for their decisions”. The judiciary’s biggest advantage is their independence. If judges are going to be held to account by special interest groups, their independence will be eradicated and justice will suffer.
“An unapologetic insult to the intelligence and integrity of those in the general public who are picked at random to sit as jurors. That’s what blanket complaints about conviction rates in rape trials must amount to.”
I’ll be on
@BBCRadioScot
Good Morning Scotland tomorrow around 0815 discussing the impact Geo-Amey delays are having on the justice system. These delays are undermining the rights of the accused and witnesses as well as destroying the morale of those of us who work in the system.
It is now clear that independent criminal defence solicitors will be boycotting any judge only rape trials. This raises real issues about both the feasibility and the credibility of the pilot scheme. It also highlights the important role the independent criminal bar 1/
It was a Trainee Solicitor who argued this point at trial. Pleased to see the Appeal Court agreed with him and it’s a good reminder of how much is asked of criminal defence trainees- and what they offer the justice system.
@ScotGovJustice
should be reinstating the Trainee Fund
Appeal Court holds that it isn't within judicial knowledge that the term "hun" refers to Protestants and so can constitute a religious aggravation to a public order offence, disagreeing with the Sheriff Appeal Court.
This is a decision most have reached reluctantly. Criminal defence firms- uniquely within the criminal justice system- require to operate for profit. It is simply not profitable to provide representation in section 1 of the Domestic Abuse (Scotland) Act 2018 cases.
The SSBA is disappointed to have to announce a further escalation in the ongoing dispute between the criminal bar and
@scotgov
. None of us want to leave clients unrepresented, but the lack of engagement from
@AshtenRegan
leaves us little choice...
This is
@COPFS
’s THIRD round of recruiting deputes in the past year. The defence cannot compete with the package on offer and the exodus of NQs leaving the criminal bar continues. Anyone who cares about justice in Scotland should be extremely worried about what is happening.
We are hiring! We have opportunities for exceptional qualified lawyers to join us as Procurator Fiscal Deputes across Scotland. More information and application packs:
#jobs
I’ve watched the Justice Secretary’s evidence. Two takeaways: there is no greater betrayal of victims than the chronic underfunding of the criminal justice system we have experienced over the past decade and AC underestimates the extent of our opposition to the judge-only trials.
Update- the custody court finished at 2220 with the final accused persons arriving in the building at 2200 after the police organised transport for them. Completely unacceptable that everyone else is having to work twice as long to compensate for GeoAmy’s failings.
The service GeoAmy are providing
@SCTScourtstribs
is an absolute disgrace. I’m advised the custody court at Hamilton is STILL waiting for accused persons to arrive from a police station less than 10 miles away. To put this in context, the custody court started at 12pm.
The job of a criminal defence lawyer is twofold: protect the interests of most vulnerable people in our society and protect democracy itself. The way
@ScotGovJustice
and
@ScotsLegalAid
have devalued this essential service is a travesty for Scotland. 14/ends
It is striking how many Lawyers of Tomorrow express an interest in criminal law.Contrary to some suggestions, students do want to be criminal lawyers but there’s too few traineeships advertised and too many want to leave once they qualify due to work/life balance and remuneration
I’m grateful to Tribunal
@Lawscot
who after a 4 year investigation & hearing found me not guilty of professional misconduct- As a lawyer I have tried always to fight for justice without fear or favour & will continue 2 do so- Thankyou to my team
@madisonmitchel1
& Johnston Clark
New lawyers aren’t joining the Crown because the money is better (though it obviously is). It’s the work/life balance and the difference between having to provide a 24/7 service to both clients and the police compared to your work not affecting your personal life.
Mission Statement from New Generation Lawyers. We are group aiming to represent the interests of new and aspiring criminal lawyers in Scotland. Please RT.
Accused being handed a letter (often predating the date of the undertaking) advising them that their undertaking has been cancelled or delayed once they arrive at the court is the height of disrespect. Witnesses aren’t treated this way. Why do
@COPFS
apply such double standards?
This is great advice. I’ve been surprised (and humbled) how many people have been prepared to offer me advice and support simply from me contacting them on Twitter. Law is a collegiate profession and I’m always happy to help anyone wanting to pursue a career in criminal law.
The service GeoAmy are providing
@SCTScourtstribs
is an absolute disgrace. I’m advised the custody court at Hamilton is STILL waiting for accused persons to arrive from a police station less than 10 miles away. To put this in context, the custody court started at 12pm.
“Yes conditions are challenging but look at the positives- the upper deck is still dry and the band are on excellent form” Ash Regan, Captain of the Titanic.
Community Safety Minister
@AshtenRegan
has written to the presidents of two key legal bodies ahead of COP26
Letters went to
@Lawscot
&
@scotscrimbar
underlining
@scotgov
's extensive engagement with the sector in the run up to the climate summit
▶️
Expecting lawyers to provide 24/7 service for clients in police custody whilst also providing representation in increasingly complicated cases is completely unrealistic.
This case is a betrayal of justice- for both the accused and the witnesses- and yet it is a reality because of
@ScotGovJustice
and
@ScotsLegalAid
’s approach to Legal Aid. How much longer will this be tolerated?
Last year SLAB were advertising vacancies with a salary of approximately £31k p.a. This year the starting salary is £38k p.a. If the PDSO are able to increase salaries to solve their retention crisis, why aren’t legal aid firms able to do the same? Why the double standards?
🚨
#JOB
ALERT🚨
We're
#recruiting
𝗖𝗿𝗶𝗺𝗶𝗻𝗮𝗹 𝗗𝗲𝗳𝗲𝗻𝗰𝗲 𝗦𝗼𝗹𝗶𝗰𝗶𝘁𝗼𝗿𝘀 for permanent & fixed-term positions across our PDSO offices in Scotland, with a focus on duty
#solicitor
work at courts & police stations.
Find out more & apply👉
#Legal
Sheriff Ray Small retired today after 23 years on the bench at Hamilton Sheriff Court. The test of any judicial office holder is twofold: what are they like to appear before and do they get it right? Sheriff Small passed both tests with flying colours- particularly when dealing
“In 2013/14, the criminal legal aid budget was £91.88 million, while COPFS funding was £109.9 million.
In 2022/23, criminal legal aid budget was £73 million, while COPFS funding was £180.9 million”
Threats to civil liberties only ever cost a few pounds at a time
Courtroom chaos: Scotland’s court system, plagued by a never-ending backlog, cancelled cases, and a shortage of defence lawyers, is widely labelled as ‘broken’
🔎 Big Read by
@DaniGaravelli1
👇
This is something law students should be signing up for. Being a Panel Member is a really good introduction into analysing evidence as well as decision making. It is also something that would make your application stand out if you are applying for traineeships.
It's that time again! We will be launching our recruitment campaign for new volunteer Panel Members in 3 days! 🥳Sign up below to get notified when applications are open and please use
#VolunteerWithCHS
to spread the word!
Very pleased with the reaction that this has received. Anyone who believes in a functioning democracy must also believe in a vibrant, independent criminal bar. We are in danger of losing this vital component of our democracy. Urgent action is now required.
If there’s a parapet, you’ll always find
@AamerAnwar
’s head above it. This is a depressing reminder of the price he pays as he fights for justice for the family of Sheku Bayoh.
“it has been reported to me that the family of
#ShekuBayoh
& their solicitor have been subjected to racist abuse. I am sure that everyone associated with this Inquiry will agree with me that such behaviour is despicable & entirely unacceptable” Lord Bracadale Chair Inquiry
We are rapidly moving towards a two tier justice system where the wealthy and middle class will be able to ensure there is a semblance of fairness to the proceedings but the poor will not. The judiciary are well funded, the prosecution are well funded so why not the defence?
🚨 BREAKING: THE CRIMINAL JUSTICE SYSTEM. 🚨
The custody court at Hamilton finished at 22:20 tonight. There were only 39 custodies.
Who will guard the guards themselves?
Oddly,
@COPFS
haven’t tweeted about their trainee recruitment advert. If anyone wants to became the highest paid trainee in the country (plus other benefits), apply below. What’s happened to the promised Legal Aid trainee fund
@ScotGovJustice
?
This is a must watch as
@lawisnowblonde
outlines the daily reality of being a criminal defence lawyer: underpaid, overworked and disrespected at every opportunity. If criminal defence can’t offer someone of Lyndsey’s ability a future, then frankly it really is all over.
I was the only solicitor in the room today under the age of 30. There isn’t a single criminal trainee at Hamilton just now. Women were outnumbered more than 5:1. The vast majority were over the age of 50. The demographics of the profession are a major problem.
If there any further improvements that be made to the criminal justice system, let’s hear them. But beginning with the premise that conviction rape is too low and needs to increase will lead to an unjust system that the public will have no faith in.
Extraordinary decision for
@Lawscot
to withdraw from these discussion. This is the strongest action LANT could have taken and it’s an embarrassing failure from
@ScotGovJustice
. Well done
@IanMoir5
The Law Society is to withdraw from discussions on creating a review mechanism for legal aid fees, saying it has ‘lost confidence’ in the
@scotgov
project due to a lack of progress. Read our statement ➡️
Looking forward to tonight’s Scottish Legal Awards.
@mcgovernreid
are nominated for Criminal Defence Team of the Year and I’m nominated for Rising Star of the Year. Good luck to all finalists!
@LegalAwards
@BobbySolicitor
New procedure comes into effect today. The most revealing part of the statement is contained in the first sentence. Everyone was invited to the meeting- except defence lawyers. If you’re not at the table, you’re on the menu- and we weren’t at the table.
“Yes conditions are challenging but we have enough lifeboats for passengers in first class and the band are still taking requests”- Angela Constance, Captain of the Titanic.
Always nice to be approached about a new job. It is hypocrisy upon stilts for the public sector to employ external recruitment consultants at a time when private firms are now struggling to retain trainees never mind fully qualified solicitors.
No other criminal firm in Scotland carries out the range of work that Aamer and the
@Anwar_and_Co
team carry out. Genuinely an unique opportunity to work on cases that change Scotland. Apply in the link below 👇
#traineeship
📢An opportunity to train as a solicitor at the cutting edge of civil liberties law, our ethos is a commitment to the pursuit of justice ⚖️ This is an exciting moment to be trainee
@Anwar_and_Co
There are no greater victims in the criminal justice system than the untried accused who are remanded awaiting trial for longer than they would spend serving a sentence if they plead guilty. Where is their commissioner?
Justice is the focus today for
@theSNP
with a pledge to appoint a victims commissioner if re-elected
@HumzaYousaf
says they also want to reform how children and young people are treated in the justice system with the introduction of the “Bairn’s Hoose”
Compare and contrast what
@COPFS
can (rightly) offer potential candidates in terms of salary, pension, annual leave entitlement and wellbeing benefits compared to what Legal Aid firms are in a position to offer
#InequalityOfArms
The Scottish justice system continues its remarkable transformation from being the envy of the world to an international embarrassment. This latest development should shame
@ScotGovJustice
and
@ScotsLegalAid
.
Interesting insight in
@timesscotland
. The former minister is right:
@ScotGovJustice
will not win the fight. There is not a credible defence lawyer in the country who will accept instructions in the pilot. We will not be complicit in their attack on our independent legal system.
This has now sold out again. 300 attendees. It shows how many students and graduates are interested in a career in criminal law and how few opportunities there are available for them.
To expect the profession to be able to provide this additional weekend service is nothing short of delusional and suggests an ignorance about how bad the situation is for criminal defence firms
It is with the greatest of sadness that we announce the death of our Head of Chambers, Mark George KC.
Mark was a principled advocate whose presence, friendship, strength & wisdom will be greatly missed by all who knew him.
Whilst
@ScotGovJustice
and
@ScotsLegalAid
pretend there are no issues with Criminal Legal Aid,
@DaniGaravelli1
captures what this looks like in practice. Relying on an ever decreasing group of solicitors committed to criminal defence is completely unsustainable.
Today around 800 criminal defence lawyers begin industrial action over a "broken" system. For
@1919_mag
, I shadowed one to find out what they are up against, & how the growing disparity between the resourcing of the COPFS & Legal Aid is affecting justice.
By declining to accept instructions, solicitors will be doing so at our own financial disadvantage. However we make no complaint about putting principle before profit. You cannot put a price on justice and lawyers should never be complicit to potential miscarriages of justice.
I joined
@howardleague_sc
recently as a result of the work that they had done on the scandal- and it really is a scandal- of how untried prisoners have been treated during the pandemic. This is really good work and I support the campaign to
#DemandLessRemand
Today we've published our latest report, 'The Scandal of Remand in Scotland' and are supporting five days of social media action to highlight how serious an issue this is.
➡️
#DemandLessRemand
The good news for
@ScotGovJustice
is that a world leader now supports their juryless trials policy.
The bad news for
@ScotGovJustice
is that it’s Donald Trump.
Consulted with a new client in prison today. He had represented himself at the Petition hearing and had been remanded. He had papers served on him at the police station and had appeared at court virtually. He moved for bail which was refused and he went to prison.
Over the last few years, I’ve been invited to speak at various
@_StrathLawSoc_
events. It’s always a privilege and they are a fantastic organisation. One theme has emerged from these events: there is an ever-diminishing interest in students becoming criminal defence lawyers 1/
Some headlines write themselves-
@scotgov
squanders £3.5m to keep prosecutors toasty whilst dozens of potential defence trainees are kept out in the cold 1/
Crown Office heat pump ‘experiment’ to cost taxpayers £3.5m
@timesscotland
This is a fantastic letter but the COP26 courts should be boycotted regardless of whatever funding is offered. Let the world see the impact that decades of underfunding have had on Legal Aid in Scotland.
Delighted to have been re-elected to serve on the
@oSYLAo
committee yesterday. Looking forward to representing our branch of the profession on issues like COVID-19, mental health and the exodus of newly qualified lawyers leaving the criminal bar.
0607- phone call from police to advise another client has been charged with a couple of offences. He’s getting released but wanted me notified.
This is completely unsustainable and a perfect example of why so many lawyers have left criminal defence in recent months.
The test of any civilised society is how we treat those in the care of the state. This is a test
@ScotGovJustice
have failed miserably. It is ridiculous that anyone in prison is awaiting for a seemingly indefinite period for basic medical treatment. The callous indifference of 8/
Once again during the pandemic when the rights of the accused have come into conflict with the convenience of the public sector, it is the latter that has triumphed. What a terrible advert for Scottish justice.