Court performance has improved despite closures, report concludes
Case throughput in the Scottish courts is improving despite the closure programme of the past three years, an evaluation study for Scottish Courts & Tribunals Service has concluded.
Despite concerns that court performance would suffer as a result of the closure of 10 sheriff courts and seven justice of the peace courts, the study finds that in 95% of courts, the optimum 16 week waiting period between first calling and availability of a criminal trial was achieved in April 2016 (Inverness JP court was an exception, at 17 weeks), compared with 50% in April 2014. "Indeed, in some courts we have readjusted the programme as the waiting period was becoming short, with the risk of not allowing sufficient time for Crown and defence preparation."
Similarly, all courts are meeting, and in most cases significantly below, the 12 week waiting period for civil proofs and hearings.
This performance has taken place against the background of a "significant increase" in case levels in both summary and solemn business, particularly in relation to domestic abuse and sexual offences, with a much greater proportion of these cases proceeding to trial.
The report also finds that business redistributed following the closures is handled "within normal performance targets" at the receiving courts, and the expected level of financial savings from the changes is being realised. Funding is being targeted more productively on the maintenance and development of remaining court buildings. Remote video sites have been made available for use in all 10 districts where sheriff courts were closed.
Longer term changes, such as the move towards 16 specialist jury centres over a 10 year period, are said to be "on track". The three dedicated High Court centres in Glasgow, Edinburgh and Aberdeen are now providing 88% of planned stting days. Following approval of a new justice centre for Inverness, feasibility studies have been completed for Fife and Lanarkshire and funding options are being explored with ministers.
SCTS chief executive Eric McQueen commented: “The SCTS board’s 10 year vision is to create a stronger court service which improves access to justice, reduces delay and costs, and maximises the use of digital technology to improve our services. We are now delivering on that: the evaluation report confirms that annual recurring savings of £1.3m will be achieved [cumulative savings of £2.05m were made up to March 2016], allowing us to target investment to create a modern court structure throughout Scotland, with digital innovation at its heart.
"Last year we installed new ICT infrastructure that provides the speed and resilience we require for digital evidence presentation, video links, case management systems and wi-fi access across our courts. This technology supports digital access, particularly for vulnerable witnesses and our prison to court facilities which reduce personal appearances by the accused."
He added: "With the introduction of the new civil simple procedure later this year, we are planning to make online processing available for most payment actions up to £5,000. This includes an online portal to enable the legal profession and the public to commence actions, submit case documents, pay fees and track progress online. We will extend this to all areas of simple procedure by mid-2017, allowing over 60% of all civil business in the sheriff courts to be processed online."
Mr McQueen said SCTS's next priority was to develop the recommendations in the “Evidence and Procedure Review – Next Steps” report, which proposes maximising the potential for evidence to be recorded and led in digital form, with further provision for children and vulnerable witnesses.