Lawyers voice concern at proposed expansion of virtual court attendances

Lawyers have aired concerns to MSPs about legislation which proposes to expand the use of virtual attendances at criminal court hearings.

Groups representing criminal defence lawyers said the law would result in a number of practical difficulties, as well as making it harder to form a “personal bond” with a client who may be vulnerable.

A Holyrood committee is scrutinising the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill, which aims to make greater use of digital technology in the justice sector.

The Scottish Solicitors Bar Association (SSBA), which represents criminal defence lawyers, has said the default position should be that parties in court cases attend in person unless directed otherwise.

The organisation accepts some procedural hearings can be dealt with virtually.

Its president Simon Brown told the Criminal Justice Committee he also has concerns about the Bill’s provisions for a national custody court, something the SSBA argues would necessitate virtual attendances by video-link.

He said: “People have to realise that we can talk about systems, we can talk about times and targets – but these are people we’re dealing with.

“Not only that, they are vulnerable people, they have drug and alcohol difficulties, they very often have mental health issues and they’re at a very stressful time.

“It’s important that we can communicate with them properly. Eye contact is important, body language is important, empathy is important.

“You can’t do that over a video link, you have to meet these people.”

Mr Brown also said there is a shortage of video conferencing suites which would make the system work properly, meaning “millions of pounds” in investment would be required.

Stuart Munro of Law Society Scotland also discussed this issue, saying there is currently no provision in the legal aid system for lawyers’ offices to facilitate video conferencing.

Paul Smith of the Edinburgh Bar Association said his main area of concern is the proposals for virtual custody hearings.

These would make it “much more difficult for the solicitor to form an impression and effectively a personal bond with the client”, he said.

However Kate Wallace, chief executive of Victim Support Scotland, later spoke in favour of victims being given the choice of virtual attendance.

She argued this takes “a huge amount of anxiety” out of proceedings.

The Bill is currently at stage one of Holyrood’s three-stage legislative process.