Curbs will add six weeks to summary trial delays: SCTS
The latest lockdown restrictions on summary trials will add about six weeks to the waiting time for trials to take place, Scottish Courts & Tribunals Service has predicted.
The warning comes as SCTS released its latest monthly workbook showing throughput of criminal cases since the first COVID-19 lockdown, covering cases dealt with in December.
Remote jury centres enabled 29 High Court evidence led trials to begin last month, which is higher than the figures for December 2019 (26) and December 2018 (23), though due to Christmas it is below the average monthly pre-COVID level of 42. In addition, 11 evidence led sheriff and jury trials commenced in Lothian & Borders and Glasgow & Strathkelvin. The other sheriffdoms will follow in the early part of 2021.
Evidence led summary trials in the sheriff courts were 69% of the average monthly pre-COVID levels, compared with 69% in November and 78% in October. The total volume of cases concluded, with or without a trial, was 76% of the average monthly pre-COVID level, compared with 80% in November and 82% in October.
On 11 January the Lord President announced that to help prevent the spread of the new variant of COVID-19, non-custody and non-priority summary trials due to call between 12 January and 26 February are adjourned. Commenting on the effects of this, David Fraser, executive director – court operations at SCTS said:
"While this is necessary to support the public health response to COVID-19, we anticipate that this will increase the summary trial backlog by around 3,000 to 4,300 cases. Solemn business continues to be prioritised and since the first full month’s criminal programme in September, we can see further progress towards pre-COVID levels.
"While these are encouraging signs, scheduled cases are twice the normal level and the average waiting period for trials has doubled to 12 months in the High Court and 15 months in sheriff solemn. Seven weeks without summary trials is likely to cause the waiting period to rise further from six months to 7.5 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 minimise delays and plan for an effective recovery when lockdown eases."
Click here to access SCTS statistics.