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  4. Court case figures for May reflect shift towards solemn

Court case figures for May reflect shift towards solemn

21st June 2023 | criminal law | Criminal court work

Public holidays affected the number of criminal cases going through the courts during May, the Scottish Courts & Tribunals Service said as it published the latest monthly workbook on throughput of criminal cases. 

During May 2023, the overall level of new cases registered was 88%, and of cases concluded 92%, of the average pre-Covid level, compared with April figures of 82% and 81%, and March figures of 93% and 106% respectively. Petitions, which provide a useful indicator of future solemn business, were 21% higher (11% higher in April and 37% higher in March).

As respects particular courts, 

  • 79 High Court evidence led trials commenced, 190% of the average pre-Covid level (52 in April, or 125%; 64 in March, or 154%);
  • 82 High Court cases were concluded, 122% of the average pre-Covid level (April: 71, or 106%; March: 87, or 130%);
  • the average time between pleading diet and evidence led trial was 45 weeks for High Court, down from 49 weeks in April and 50 weeks in March, compared to the pre-Covid level of 22 weeks;
  • 113 sheriff solemn evidence led trials commenced, 120% of the average pre-Covid level (April: 87, or 92%; March: 117, or 124%); 
  • 723 sheriff solemn cases were concluded, 149% of the average pre-Covid level (April: 608, or 125%);
  • the average time between pleading diet and evidence led trial was 45 weeks for sheriff solemn, compared with 44 weeks in April and 45 weeks in March, and the pre-Covid level of 11 weeks;
  • 437 sheriff summary evidence led trials commenced, 75% of the average pre-Covid level (April: 396, or 68%; March: 605, or 105%);
  • 5,286 sheriff summary cases were concluded, 102% of the average pre-Covid level (April: 4,624, or 89%; March: 6,137, or 119%);
  • the average time between pleading diet and evidence led trial was 42 weeks for sheriff summary, compared with 41 weeks in April and 45 weeks in March, and the pre-Covid level of 23 weeks;
  • 1,728 justice of the peace cases were concluded, 63% of the average pre-Covid level (April: 1,552, or 56%; March: 2,117, or 77%);
  • the average time between pleading diet and evidence led trial was 41 weeks for justice of the peace, compared with 41 weeks in April and 45 weeks in March, and the pre-Covid level of 22 weeks.

David Fraser, SCTS executive director, Court Operations commented: "With fewer court days due to public holidays the number of scheduled trials increased by 1% during May.

"However, through the court recovery programme we are aiming to return to a point where the number of scheduled cases being prepared for trial is around 20,000. Given the progress made on the summary backlog, we switched court recovery resources from summary to solemn, with the introduction of a further two additional High Court and six additional sheriff solemn trial courts.

"Solemn cases, which involves the most serious crimes, are more challenging as the long term trend of increasing case levels continued throughout the pandemic. The switch shows that solemn throughput has increased significantly."

He added: "Strong collaboration across the judiciary, justice organisations, the legal profession and the third sector is helping to effectively manage court business. This will become even more important now that the solemn recovery programme has been extended."

The workbook is available at www.scotcourts.gov.uk/official-statistics

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