Participating in remote jury trials

The use of remote courts, particularly for remote jury cases, presents novel challenges even for the experienced practitioner. We are looking at ways in which further support could be provided to members, probably through additional training.

Existing guidance

• Access to virtual hearings/remote jury trials (including a video aimed at practitioners) from Scottish Courts and Tribunals Service.
• Amalgamated Briefing Paper on Restarting Solemn Trials (updated 20 December 2020) from the Judicial Institute for Scotland

Virtual custody cases

Issues have arisen with regard to virtual custody cases, where the timely availability of private consultation with the client or access to papers or to the Fiscal has proven difficult. It is of course always for a solicitor to exercise their judgement as to whether the procedure in any particular case is fair and just and to raise with the court any concerns.

If you are aware of issues arising within courts which you would like to draw to our attention, please email comms@lawscot.org.uk with details. This will allow us to ensure these are part of ongoing discussions with the Scottish Courts and Tribunals Service.