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SCTS News

Updated modelling on criminal court backlog published today

Dec 14, 2023

The Scottish Courts and Tribunals Service has published today the latest monthly workbook to show the throughput of criminal cases in our courts, along with updated modelling  showing the predicted impact of the court recovery programme.

Monthly Workbook

This shows the volumes of cases being progressed each month in the High Court, Sheriff Court and Justice of the Peace Courts from April 2020, compared against the monthly averages for 2019/20 (pre-COVID).

The figures show that during November 2023:

  • The overall level of new cases registered is 99% of the average pre-COVID level.
  • The overall level of cases concluded is 98% of the average pre-COVID level.
  • Petitions, which provide a useful indicator of future solemn business, are 7% higher than the average monthly pre-COVID level.
  • 62 High Court evidence led trials commenced which is 149% of the average pre-COVID level.
  • 86 High Court cases were concluded, which is 128% of the average pre-COVID level.
  • The average time between pleading diet and evidence led trial is 48 weeks for High Court, compared to the pre-COVID level of 22 weeks.
  • 114 sheriff solemn evidence led trials commenced which is 121% of the average pre-COVID level.
  • 712 sheriff solemn cases were concluded which is 146% of the average pre-COVID level.
  • The average time between pleading diet and evidence led trial is 41 weeks for sheriff solemn, compared to the pre-COVID level of 11 weeks.
  • 554 sheriff summary evidence led trials commenced, which is 96% of the average pre-COVID levels
  • 5739 sheriff summary cases were concluded which is 111% of the average pre-COVID level.
  • The average time between pleading diet and evidence led trial is 39 weeks for sheriff summary, compared to the pre-COVID level of 23 weeks.
  • 1793 Justice of the Peace cases were concluded which is 65% of the average pre-COVID level.
  • The average time between pleading diet and evidence led trial is 43 weeks for Justice of the Peace, compared to the pre-COVID level of 22 weeks.

 

The updated modelling indicates that the summary criminal court backlogs will be cleared during 2024/25,  slightly later than the previous modelling indication of March 2024. This is a result of higher than expected levels of sheriff summary registrations as Police Scotland and COPFS have cleared backlogs. Solemn business is more challenging as the case backlog is incrementally being replaced by a new higher baseline of scheduled trials, indicating that a continued increase in court capacity will be required in the long term.  However the switch of court recovery programme resources from summary to solemn since April 2023 shows the high court backlog can be cleared by March 2025 and sheriff solemn during 2026/27.

David Fraser, SCTS Executive Director Court Operations said:

“Given the significant reduction in summary trials backlog we switched court recovery resources from Summary to Solemn, with the introduction of a further 2 additional High Court and 6 additional Sheriff Solemn trial courts. Solemn cases, which involve the most serious crimes, are more challenging as the long term trend of increasing case levels continued throughout the pandemic. The report published today continues to show the impact of the additional trial courts as throughput for solemn business remains high.

"Strong collaboration across the judiciary, justice organisations, the legal profession and the third sector is helping to effectively manage court business, this remains important now that the solemn recovery programme has been extended. The monthly publication on throughput of cases, combined with the revised modelling reports, illustrate the progress being made and the challenges still ahead.”

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

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