Cinema juries not enough to solve trials backlog: MSPs

A "basket of measures", rather than any single solution, will be needed to clear the backlog in Scottish courts caused by the COVID-19 pandemic – and some of them may be "unpalatable", according to Holyrood’s Justice Committee in a report published today.

MSPs on the committee, who have been looking at the impact of coronavirus, have been told that while delays to criminal cases were a problem before, just to get back to that level of backlog would take eight to 10 years if nothing is done to increase or speed up court business.

Today the first remote jury trial begins in Edinburgh, with the jury viewing proceedings in court on a cinema screen in order to maintain social distancing rules, and this measure, which will be rolled out to more locations in coming weeks. But while the innovation has been hailed as the solution to getting High Court business back on track, the MSPs believe that double the additional funding so far provided would be needed to extend it to sheriff and jury trials.

Their report calls for:

• the Scottish Government to urgently convene round table discussions with representatives of affected groups to discuss and agree a way forward for both criminal and civil systems;
• these discussions to include proposals for more remote jury centres; remote jury empanelling; more digital technology – for example recording evidence from specialist witnesses; and exploration of additional alternative venues for virtual courts;
• consideration to be given to further, limited, sentence discounts for early pleas;
• consideration should be given to, in the short-term, extended court sitting hours – which the MSPs accept is "problematic", may require extra investment, and "should not be undertaken without full consultation of all the necessary parties likely to be affected";
• detailed consideration to be given as to how to use pre-recorded evidence to the fullest, especially by way of commission; and to whether the evidence of essential medical witnesses or other key workers might be given by TV link to avoid removing them for too long from their work as key personnel;
• the Cabinet Secretary for Justice to ensure that sufficient funding is in place to resource and staff any changes without adverse or unforeseen consequences.

Today's report agrees with a previous round table, held in April 2020, that trials without juries, initially proposed as a necessary measure, are "beyond the pale", as too fundamental a change to the justice system.

It adds in conclusion: "We recommend that the Cabinet Secretary responds in full to our report and conclusions and, without undue delay, sets out his view on the merits of the ideas we have presented. We also ask him to comment on the option of altering the sentencing power of the sheriff courts. The latter is the only remaining change we believe he is still considering that would require new primary legislation."

In relation to the tribunals system, the committee calls for information on what is being done to tackle the current backlog of around 800 cases in the housing and property chamber.

Finally, it asks both the SCTS and the Scottish Government to explore what more can be done through simple procedure and remote mediation to reduce the backlog in civil cases.

Committee convener Adam Tomkins MSP warned that the scale of the challenge faced by the courts was not to be underestimated.

He commented: "Current delays are not acceptable for the victims, witnesses or the accused of crimes.

"While that point may not be controversial, we need to ensure changes to improve the situation, whether long or short term, have the widest possible backing. To that end, we want the Scottish Government to convene a meeting of all interested parties to agree a way forward. Time is of the essence.

"By following the collaborative approach taken in the early days of the pandemic, and by being open and transparent with thinking, we can have a grown-up conversation about the pros and cons of the options available."

He added: "The committee hopes that this would help those responsible for the day-to-day operation of the courts and those responsible for the system to coalesce around a common way forward and agree upon necessary actions.

"Although the problems are at their worst in the criminal courts, there is still a mismatch in our civil courts, which are largely functioning, and other services linked to them, such as family contact centres, which are at best partially open."

Click here to view the committee's report.