This week the Scottish Government has been warned by  the Faculty of Advocates and the Law Society of Scotland that the Courts Reform (Scotland) Bill will lead to a backlog in the system. I share these fears and believe that with the current closures due to still take place the court service is in danger of heading to a ‘gridlock’.

The bill will see cases where damages of less than £150,000 heard by new summary sheriffs rather than the Court of Session and cases would be held at sheriff courts across Scotland despite the Scottish Government’s recent decision to close 10 local sheriff courts. Locally the changes will see the closure of Cupar Sheriff Court with trials moving to Dundee and jury trials no longer taking place in Kirkcaldy, with trials moving to Dunfermline.

The move of all jury trials from Kirkcaldy would see an increase in jury trials by 283% at Dunfermline Sheriff Court. There are fears that the number of trials at Dunfermline would also increase with the passing of the Court Reform Bill leading to concerns about delays.

The views of the Faculty of Advocates and the Law Society of Scotland echo concerns raised previously by Kirkcaldy Law Society and Fife Victim Support who I have previously met with. The meetings discussed the impacts these changes will have on access of justice for those within the Kingdom. Concerns raised included the potential for increases in delays, the cost and travel implications for victims and jurors, the number of courts available and the failure for justice to be delivered locally.

The Scottish Government has refused to listen to opposition members, refused to listen to local residents and is now refusing to listen to lawyers within the system. If we carry on down the path the Scottish Government is leading us on we are heading to a gridlock in our legal system.  The Scottish Government should be making it easier for justice to be achieved, not harder. It will be the victims across the Kingdom who will lose out as they face the prospect of trials being delayed.

Justice should be delivered locally yet concerns are rightly being raised that by closing Cupar and moving jury trials from Kirkcaldy this will no longer be achieved. For example residents of Levenmouth would face a 3 hour round trip by public transport if called to give evidence or to form a jury in Dunfermline, this is not local justice in action.

Sadly the Scottish Government seems determined to press ahead with these flawed proposals despite widespread opposition. It is also disappointing to see certain SNP members promote their opposition to the closures in their local papers one day, then vote with the Government the next.