TWO Dunfermline lawyers have hit out at proposals to run trial courts on Saturdays to help beat the coronavirus backlog.

Former Dean of Dunfermline Society of Solicitors Chris Sneddon said the move would be "the straw that broke the camel's back" while Gordon Martin said the plan "might make sense in the abstract but not in the real world".

Their comments come after Eric McQueen, chief executive of the Scottish Courts and Tribunals Service (SCTS), confirmed officials were discussing "some quite radical options" to address the backlog.

Speaking to Holyrood's Justice Committee, he said running 33 courts a day – as is now happening – would take eight to 10 years to come back to the pre-COVID levels.

"The other option, which we will look at I think as we get into next year, is the potential to run courts over the weekend. If we brought that in, that could reduce us back down to the business-as-usual levels in two years."

Chris Sneddon, partner at Basten Sneddon, said the proposal was "indicative of the contempt in which defence lawyers appear to be held" by the SCTS.

"It ignores the indispensable part defence solicitors have played in ensuring the justice system was able to operate during the lockdown despite the catastrophic situation faced by many defence firms," he said.

"During the coronavirus crisis, the courts managed to struggle through, mainly due to the goodwill of defence solicitors. Dunfermline Sheriff Court was shut for months and cases were dealt with in Falkirk.

"Lawyers from Fife were expected to travel through on a daily basis and were often there well into the evening due to the difficulties of dealing with clients in custody during COVID.

"This proposal will be the straw that broke the camel's back. I think it is likely there will simply be a point-blank refusal by defence lawyers to go along with this."

Gordon Martin, managing partner/director at Martin, Johnston and Socha, added: "The whole scheme smacks of public servants choosing a plan which might make sense in the abstract but not in the real world. A little like the algorithm chosen by the various educational authorities which did so well in the recent qualifications debacle.

"It will be very difficult for defence lawyers to staff Saturday courts as most firms are either sole practitioners or two lawyers.

"If there is a desire to cut the backlog, the SCTS should ensure all courts run efficiently during the working week."

An SCTS spokesperson said Saturday courts were just one of the potential options being looked at.

“As highlighted in the report, this option would require consultation and engagement with the legal profession, justice organisations and the third sector, as the resource impact would need to be assessed across the whole justice system.

“Because of physical distancing, the number of trials proceeding inevitably is less and, as the weeks go by, the backlog increases. We need to find a solution to prevent extensive trial delays impacting on the accused, victims and witnesses."