A Dartmouth courtroom is at the center of a dispute between the province and its Crown prosecutors over safety concerns.

The prosecutors say courtroom number five, Nova Scotia's Mental Health Court, is unsafe and starting September 1, they will no longer enter it.

The threat goes back months, but the issue has been brought up because on Tuesday the province sent out a news release talking about building a new combined courthouse.

The Crown prosecutors claim a new building would be welcome but doesn't deal with their most pressing issue — their current safety in the courtroom.

According to Crown Attorney Rick Woodburn, president of the Nova Scotia Crown Attorney's Association, the room's small size and its layout make it unsafe.

"There's a close proximity between any person, any accused person that's in the courtroom and where the Crown attorney is sitting. Also it's unsafe because of the gallery — how close that is to the accused person," said Woodburn, "And of course it's unsafe for the witnesses and the judge and the clerk."

Courtroom safety has been an issue for years. Weapons are regularly seized now that the courthouses have metal detectors and anyone entering is subject to a search.

In Dartmouth, police had to come to the aid of sheriffs when a brawl broke out two years ago.

"Courtroom number five is deficient and there's no way to fix deficiencies to make it a safe courtroom, therefore the Crown attorneys are going to be refusing to go in there starting September first," said Woodburn.

"This is not something new. We've told the government about this some months ago."

Woodburn says the province is continuing to schedule cases in courtroom number five but that won't stop prosecutors from boycotting what they see as an unsafe workplace.

He says it's up to the government to come up with a plan to avoid any problems between now and September 1.

In an email to CBC News, Dan Harrison, spokesman for the Department of Justice, said the province will continue to use courtroom number five.

"We will continue to use that court room. Each day, we take the necessary steps to ensure all our court rooms, including courtroom 5, are safe and secure."