The Scottish Courts and Tribunals Service has published today the latest monthly workbook to show the throughput of criminal cases in our courts. Due to the progress being made on reducing summary case backlogs adjustments to the court recovery programme will take place in April 2023. These are explained below.
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 2022:
- The overall level of new cases registered is 88% of the average pre-COVID level.
- The overall level of cases concluded is 103% of the average pre-COVID level.
- Petitions, which provide a useful indicator of future solemn business, are 14% higher than the average monthly pre-COVID level.
- 63 High Court evidence led trials commenced which is 152% of the average pre-COVID level.
- 75 High Court cases were concluded, which is 112% of the average pre-COVID level.
- The average time between pleading diet and evidence led trial is 44 weeks for High Court, compared to the pre-COVID level of 22 weeks.
- 117 sheriff solemn evidence led trials commenced which is 124% of the average pre-COVID level.
- 484 sheriff solemn cases were concluded which is 113% of the average pre-COVID level.
- The average time between pleading diet and evidence led trial is 46 weeks for sheriff solemn, compared to the pre-COVID level of 11 weeks.
- 560 sheriff summary evidence led trials commenced, which is 97% of the average pre-COVID levels
- 5420 sheriff summary cases were concluded which is 114% of the average pre-COVID level.
- The average time between pleading diet and evidence led trial is 45 weeks for sheriff summary, compared to the pre-COVID level of 23 weeks.
- 2074 Justice of the Peace cases were concluded which is 81% of the average pre-COVID level.
- The average time between pleading diet and evidence led trial is 53 weeks for Justice of the Peace, compared to the pre-COVID level of 22 weeks.
Court Recovery Programme
The updated modelling, published in September, indicated that the summary criminal court backlogs will be cleared by March 2024 as planned. The further reduction in the summary trials backlog during November demonstrates the progress being made.
Solemn business is more challenging given the continual trend of increased case levels, on top of the COVID backlog. However, by switching court recovery programme resources from summary to solemn, the modelling demonstrates that the high court backlog can be cleared by March 2025 and sheriff solemn by March 2026.
Therefore, by April 2023 we will introduce 2 additional trial courts for the High Court in the Lawnmarket, Edinburgh and the equivalent of 6 additional trial courts for sheriff solemn, across nine locations: Aberdeen, Dumbarton, Edinburgh Forfar, Glasgow, Greenock, Paisley, Peterhead and Stirling. These will be in addition to the 4 High Court and 2 Sheriff Solemn trial courts that are already within the court recovery programme.
The justice funding from Scottish Government has underpinned the court recovery programme and as announced in today’s publication of the draft Scottish Budget Bill the continued funding will secure the court recovery programme during 2023-24.
In overall terms the revised court recovery programme represents a pre-pandemic increase in trial capacity of almost 40% in the High Court and almost 50% in Sheriff Solemn. Even with the reduction of the 10 additional summary trial courts, this will stretch the capacity of all justice organisations, the legal profession and the voluntary sector. We will all therefore need to ensure that the recovery programme is kept under tight review, taking a flexible approach if pressures do arise.
David Fraser, SCTS Executive Director Court Operations said:
“Significant progress continues to be made in reducing the trial backlog, which has now reduced by almost 30% since the start of 2022. This demonstrates the impact that the courts recovery programme is having on the backlog created by the Covid-19 pandemic. We can now have increased confidence that summary backlogs will be cleared by March 2024.
With the progress being made in tackling the backlog of summary cases the time is now right to switch resources from summary to solemn, which is more challenging with the continued increase in case levels, in addition to the backlog. The continued financial support from the Scottish Government is crucial in allowing this programme to be successful.
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 as the solemn recovery programme extends.
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