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  4. Criminal court business totals slip in latest month

Criminal court business totals slip in latest month

15th December 2020 | criminal law | Criminal court work

Throughput of criminal business in Scottish courts showed signs of slippage in November in terms of total cases dealt with, though the number of trials taking place continues to increase, according to the latest monthly figures from Scottish Courts & Tribunals Service.

SCTS's third monthly workbook shows the overall level of new cases registered as 69% of the average monthly pre-COVID level, compared with 78% in October and 83% in September.

Petitions, which provide a useful indicator of future solemn business, were 9% higher than the average monthly pre-COVID level, though this compares with 15% in October and 25% in September. But with the introduction of remote jury centres, High Court evidence led trials are 17% higher than the average monthly pre-COVID level, the first time that level has been exceeded.

SCTS said the last figure showed that the normal capacity for 16 trials per day had been successfully restored. Since July, an increase in preliminary and continued preliminary hearings have been scheduled to enable resolution or to allow trial diets to be assigned that were previously unable to progress during the pandemic. 

Sheriff court remote jury trials began this month in Lothian & Borders and Glasgow & Strathkelvin, and the other sheriffdoms will follow in early 2021. 

Evidence led summary trials in the Sheriff Courts rose to 85% of the average monthly pre-COVID levels, compared with 83% in October and 76% in September. The majority of criminal cases are resolved without a trial, and the total volume of cases concluded was 80% of the average monthly pre-COVID level (82% in October and 89% in September).

Eric McQueen, SCTS chief executive commented: "Since the first full month’s criminal programme in September, we can see continued progress towards pre-COVID levels. 

"While these are encouraging signs in getting back to normal operating levels, scheduled cases are twice the normal level and the average waiting period for trials has doubled to 12 months in the High Court, 15 months in sheriff solemn and six months in sheriff summary. We are working closely with the judiciary, Scottish Government, justice organisations, the legal profession and the third sector to find solutions to reduce delays."

Click here to access the workbook.

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  • Jury trials to return to the islands in spring
  • SCTS revises criminal case backlog predictions
  • Current justice funding model unsustainable: MSP report
  • Crime figures up 3% in first full post-Covid year
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