Scotland's courts experiencing 'major disruption' due to prisoner transfer problems

Scotland's courts are experiencing "major disruption" due to prisoner transfer problems – caused by staffing challenges at a government contractor.

Lawyers are reporting “major delays” of over eight hours in courtroom proceedings across Scotland due to the custody services provided by a contractor that have been described as “disgraceful”.

‘Prisoner services’ provider GEOAmey, registered in Manchester, is facing major staffing challenges. The contractor has come under fire from legal professionals for the “inadequate service” the company is providing on behalf of the Scottish Government.

Matthew McGovern, a defence lawyer and partner at Hamilton-based law firm McGovern Reid, described the service provided by GeoAmey as “an absolute disgrace”.

Lawyers are reporting “major delays” of over eight hours in courtroom proceedings across Scotland due to the “disgraceful” custody provided by contractor GEOAmey. Photo: Danny Lawson/PA Wire

In a tweet sent at 8.20pm, McGovern posted: “I’m advised the custody court at Hamilton is still waiting for accused persons to arrive from a police station less than ten miles away. To put this in context, the custody court started at 12pm.”

The disruption has been greater in the Grampian, Highland and Islands Sheriffdom, with Sheriff Principal Pyle announcing this week that future jury trials will be unable to proceed at Stornoway, Lerwick, Kirkwall, Portree and Lochmaddy Sheriff Courts as a result of staffing challenges.

The Law Society of Scotland has called for urgent action to resolve the major disruption.

Law Society of Scotland president Sheila Webster said the society had been receiving “disturbing and unacceptable” reports of delays and disruption in courts across Scotland “for quite some time”.

“It appears that the problems are getting worse with no end in sight,” she said. “Criminal solicitors have described the level of service being provided by GEOAmey as disgraceful, with hours-long delays commonplace.

“Whatever the cause of these disruptions, a solution must be found urgently so the provision of criminal justice can return to normal. These major-scale delays are undermining access to justice and causing significant hardship for solicitors and everyone else interacting with our criminal justice system.

“We’re particularly concerned at the total upheaval caused to solemn matters in the Grampian, Highland and Islands Sheriffdom.

“Scotland’s local sheriff courts are a fundamental part of our criminal justice system, and they must not be sidelined by failures such as those we’re currently seeing.”

Other lawyers have taken to social media to vent their frustration. “Turn up at Glasgow sheriff court for a 9.30 deferred indictment,” one tweeted.

“Client being brought from Saughton so isn’t here. Arrives in [the] building about 11am.

“GEOAmey advise no staff available to bring them from cell to court. It’s now 2.10 with no idea of when case likely to call. Awful.”

David Storrie, a director of Edinburgh-based firm CSG Legal, said: “Day two of jury trial at Edinburgh Sheriff court. Accused coming from HMP Barlinnie. Arrived in Edinburgh Sheriff court around 3pm.

“Fifteen jurors sitting in a jury room from 10am wondering what’s going on. Time GEOAmey lost the contract.”

Problems with staffing the prisoner escort service has led to jury trials at island sheriff courts being moved to mainland Scotland.

New jury trials which would have called at Stornoway, Lerwick, Kirkwall, Portree and Lochmaddy sheriff courts will instead call at Inverness, Aberdeen or Peterhead. Existing jury trials in Lochmaddy and Portree will move to Inverness.

Scheduled jury trials in Stornoway and Lerwick will continue as normal, as will all other court business.

Sheriff principal Derek Pyle issued an order of court that made the changes effective from Tuesday until further notice.

It reads: “This order is made in terms of the powers vested in me in terms of section 83ZA of the Criminal Procedure (Scotland) Act 1995.”

A spokesperson for the Scottish Courts and Tribunals Service said: “Due to the ongoing staffing challenges being faced by GeoAmey in delivering the prisoner escort service, we are engaging with justice organisations to minimise the impact on the operation of court business.”

Scottish Conservative deputy justice spokesperson Sharon Dowey said the backlog of cases in courts was already at “unsustainable levels on the SNP’s watch”, but now a “worrying situation is at risk of becoming a crisis”.

"Major delays to the transportation of prisoners is causing chaos throughout the justice system,” she said. “SNP ministers cannot stay on their summer holidays and hide from this spiralling problem. They need to sort a solution out immediately.

"Victims shouldn't have to put up with further delays when they are already waiting too long to get justice."

Scottish Labour justice spokesperson Pauline McNeill said: “This shambles is wreaking havoc in Scottish courts and inflicting damage on our already-stretched justice system. Courts are under enough pressure without this added disruption.

“The SNP must show some leadership and work with GEOAmey to put an end to this chaos.”

A spokesperson for GEOAmey said: "We are having ongoing positive discussions with all stakeholder partners on how to fulfil our shared ambition to improve the service to the courts and broader judicial system.

"We fully accept that the challenging labour market throughout the UK has had an impact on our recruitment and staff retention, and this is undoubtedly a material factor in the delays to courts.

“We have, and continue to, apologise for the impact that this is having. The majority of all escorts take place on time and without incident, but nonetheless we will continue to strive to improve the service we provide.

"The challenges that we face are only a part of other system related issues across the judicial sector that need to be addressed in partnership if a smooth and efficient court service is to be delivered, and we are committed to working with our partners to achieve this commonly held objective."

A Scottish Government spokesperson said: “The Scottish Prison Service, which leads the management of the contract on behalf of justice partners, is closely monitoring performance against the contract and is working collaboratively with partners, including the Scottish Courts and Tribunal Service, to support GEOAmey to resolve these issues.”