High summary trial demand affecting SCTS recovery plan

Throughput for solemn business remains high, but demand for summary trials also remains unexpectedly high, according to Scottish Courts & Tribunals Service as it published its latest monthly workbook showing the throughput of criminal cases. 

The figures show that during September 2023:

• The overall level of new cases registered is 89%, and of cases concluded 87%, of the average pre-Covid level (August: 95% for both figures).
• Petitions, which provide a useful indicator of future solemn business, were 4% higher than the average monthly pre-Covid level (August: 25% higher).
• 57 High Court evidence led trials commenced which is 137% of the average pre-Covid level (August: 62 trials or 149%).
• 83 High Court cases were concluded, which is 124% of the average pre-Covid level (August: 130 or 87%).
• 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 (August: 46 weeks).
• 116 sheriff solemn evidence led trials commenced which is 123% of the average pre-Covid level (August: 121 or 128%).
• 663 sheriff solemn cases were concluded which is 136% of the average pre-Covid level (August: 745 or 153%).
• The average time between pleading diet and evidence led trial is 40 weeks for sheriff solemn, compared to the pre-Covid level of 11 weeks (August 43 weeks).
• 430 sheriff summary evidence led trials commenced, which is 74% of the average pre-Covid levels (August: 530 or 92%).
• 4,990 sheriff summary cases were concluded which is 97% of the average pre-Covid level (August: 5,614 or 109%).
• The average time between pleading diet and evidence led trial is 38 weeks for sheriff summary, compared to the pre-Covid level of 23 weeks (August: 40 weeks).
• 1,606 justice of the peace cases were concluded which is 58% of the average pre-Covid level (August: 1,610 cases, also 58%).
• The average time between pleading diet and evidence led trial is 40 weeks for justice of the peace, compared to the pre-Covid level of 22 weeks (August: 38 weeks).

"Given the significant reduction in summary trials backlog we switched court recovery resources from summary to solemn, with the introduction of a further two additional High Court and six additional sheriff solemn trial courts", commented David Fraser, SCTS executive director, Court Operations. "The report published today shows that throughput for solemn business remains high.

"Since February 2023, the sheriff courts have continued to receive a higher demand for summary trials than was modelled. This has slowed progress on the level of outstanding summary trials and we are reviewing options to address this should the higher demand for summary trials continue in future months."

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