Lay representatives get a voice in Sheriff courts from April

New Sheriff Court rules allowing an accompanying person to speak on behalf of someone who is representing him or herself in court come into force on April 4th 2013

This change, which has already been made ace in the Court of Session, brings Scotland closer to the “Mckenzie Friend” arrangement which has been possible in the English courts for many years. 

It doesn’t mean that non-lawyers will have unrestricted scope to act in court, but it will help in situations where people representing themselves (party litigants) find it difficult to speak up because of lack of confidence, strong emotions,  lack of understanding of the court process/terminology or other reasons.

The lay representative will have to ask the Sheriff’s permission at the start of the hearing and sign a form.  They will be allowed to attend family court hearings which are closed to the public, but have to agree to keep the details of the case and court papers confidential.  They cannot accept any payment for carrying out this function.

Sheriffs will only grant the request if they consider that it would assist their consideration of the case, and other parties to the case can raise objections.

Families Need Fathers Scotland will monitor how this change operates in the Sheriff Courts.  We will write to all Sheriff Principals asking for consideration of the sort of issues which we know already occur in English courts with Mckenzie Friends. 

When the Sheriff Court rules changed to allow lay assistants, we came across Sheriffs who were not aware of this change, so we will stress the importance of all courts and all Sheriffs understanding the new arrangements from the outset. 

We still recommend people to have a lawyer with them in court if they can, but welcome this change which will help some of people who cannot afford a lawyer or are not represented for other reasons.

Our “Guide to Representing Yourself in the Scottish Family Courts” will be revised shortly to include these changes.

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