Growing concerns Scottish courts are helping to spread coronavirus
A prisoner allegedly spat in the direction of a Sheriff last week.
Last updated 14th Jan 2021
A prisoner sparked a COVID alert by allegedly spitting from the dock into the well of a busy court, it's emerged.
The incident was reported just hours after lawyers had demanded safety screens to protect them from Covid aerosol infection.
The man’s spittle was aimed in the general direction of the sheriff, but fell short and landed on the side of the witness box.
Lawyers and court officials, who were sitting just yards away from the prisoner, were said to be shocked and fearful about the risk of infection.
Police Scotland confirmed last night that a 29-year-old man had been reported to the procurator fiscal in connection with the incident at Livingston Sheriff Court last Wednesday afternoon.
The alleged spitting episode happened as lawyers launched a campaign to have Perspex screens installed to reduce the risk of them being put at risk of being infected by their clients.
Darryl Lovie, partner with Keegan Smith solicitors in Livingston, was the first to have a client’s trial delayed until adequate measures have been put in place to reduce the risk of infection.
Prosecutor Connor Muir said the Crown was “neutral” and raised no objection to the delay.
It emerged afterwards that many other lawyers are planning to effectively boycott summary trials and increase the huge backlog of prosecutions affecting all Scottish courts since lockdown last year.
Mr Lovie said: “There is a total lack of safety provisions in court for lawyers to take instructions both before and during the trial.
“What we’re looking for is screened consultation facilities and a screened dock, otherwise it’s impossible to have a private consultation without running the risk of infection.”
The father of three added: “The courts put a Perspex screen at the public reception area in March last year and that’s hardly been used since because the courts are closed to the public.
Greg Douglas, Dean of West Lothian Faculty, has written to the Livingston Sheriff Clerk highlighting the urgent need for enhanced safety measures to protect faculty members and warning that trials could be boycotted.
He said measures such as temperature testing of everyone attending court, priority Covid vaccinations for lawyers and court staff, and antibacterial cleaning of courtrooms between cases were needed “as a matter of urgency”.
He added: “It is not clear to us why the type of protections understandably provided to court staff such as the installation of Perspex screens at the court reception have not been extended to court practitioners.
"We should have Perspex screens in interview rooms and at the front of the court dock and witness box.
“If the public health risk resulting from the new variant of COVID-19 is such that it is now deemed unsafe to keep schools open, how can it be safe to keep courts running without any further adjustments?”
He said cleaning the court dock and witness box after each single use was already carried out at Airdrie Sheriff Court and Dumfries Sheriff Court, adding: “We cannot understand why this example of what is clearly regarded as best practice is not followed in all courts.”
A spokesman for SCTS said: “Court buildings and court rooms strictly adhere to Public Health Scotland guidance to minimise the potential transmission of the virus and continue to operate safely under the current restrictions.
“While there is an increased risk of transmission from the new variant of COVID, the clinical advice is clear – provided the FACTS guidance is followed, the working environment will be as safe as possible.
“The setup of court rooms enables two metres physical distance to be achieved.”