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  4. Courts set out emergency business arrangements

Courts set out emergency business arrangements

25th March 2020 | civil litigation , criminal law

Scottish Courts & Tribunals Service has said it is "moving to the next phase of our contingency plans" in response to the stringent new restrictions on people's movements to counter the COVID-19 epidemic.

In its latest update SCTS affirmed that the courts provide an essential public service, adding: "During this period it is critical that we maintain public trust and confidence by maintaining the essential services that support justice."

However only essential business is currently going ahead. In the Court of Session this includes child abduction petitions, interim interdicts and other urgent matters on cause shown. Urgent business should be emailed to CoSurgent@scotcourts.gov.uk. All other business will be continued.

The High Court, which will continue to sit in Lawnmarket, Edinburgh and Saltmarket, Glasgow, will continue to deal with preliminary hearings but will adjourn trials.

In the sheriff and JP courts, from today (25 March 2020) all court business, other than undertakings will be consolidated within sheriffdoms, into 10 courts:

  • Glasgow Sheriff and JP Court; 
  • Edinburgh Sheriff and JP Court (business transferring from Livingston, Selkirk and Jedburgh); 
  • Dundee Sheriff and JP Court (business transferring from Forfar and Perth); 
  • Falkirk Sheriff and JP Court (business transferring from Stirling, Alloa, Dunfermline and Kirkcaldy);
  • Inverness Sheriff and JP Court (business transferring from Elgin, Tain, Wick and the island courts; island custody courts will be dealt with on a case by case basis); 
  • Aberdeen Sheriff and JP Court (business transferring from Peterhead and Banff); 
  • Paisley Sheriff and JP Court (business transferring from Greenock and Dumbarton);
  • Kilmarnock Sheriff and JP Court (business transferring from Dunoon, Oban and Campbeltown);
  • Hamilton Sheriff and JP Court (business transferring Airdrie, Lanark and Ayr);
  • Dumfries Sheriff and JP Court (business transferring from Stranraer).

Undertakings will continue to call in the court specified on the undertaking where possible. Where the specified court is not one of the 10 listed above, the specified court will open only to hear the undertaking case(s). 

For urgent civil business, solicitors should contact the appropriate court, from the 10 listed above, to arrange for the case or application to be dealt with. Urgent business includes: new applications for child protection orders, interim interdicts, child referral appeals, urgent adoptions or urgent interim residence or contact applications and urgent applications in relation to adults with incapacity.

Normal out of hours arrangements will apply.

  • In another measure to reduce risk, all accused persons with symptoms of COVID-19 appearing from custody will have their case conducted via video link. SCTS is working to extend this to all custodies, and is developing an approach that will allow agents to represent clients by phone.
  • In line with Government advice, courts will not be accessible to the general public. "Robust social distancing and enhanced cleaning regimes" will be in place throughout the working day, with regular sterilisation of touch points and other areas of increased exposure. Court users are invited, if they see anything that concerns them, to get in touch with a local manager so that the issue can be resolved.
  • Further advice is available via the SCTS Twitter feed: @SCTScourtstribs
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