Ministers propose permanent digital justice changes

Temporary measures to support the criminal justice system which have proved beneficial could become permanent under Scottish Government proposals now out to consultation.

Ministers plan to make permanent some of the temporary justice measures in the Coronavirus Recovery and Reform (Scotland) Act 2022, which can deliver significant longer term benefits and provide a basis for the future resilience, effectiveness and efficiency of the criminal justice sector. They also seek views on proposals which support the modernisation of justice processes and procedures. 

The particular provisions from the 2022 Act which are being consulted on are:

• allowing for the electronic signing and sending of documents in criminal cases;
• enabling virtual attendance at a criminal court;
• a national jurisdiction for callings from custody, so that custody cases can be heard in any court in Scotland; and
• an increase in the maximum level of fiscal fine, to £500, along with adjustments to the scale of fines.

Additional proposals included as part of this consultation are: 

• legislating to maximise the use of remote and digital ways of working, including the use of digital images rather than production of physical evidence in court;
• alternative ways to prove copy documents to provide more flexibility in the law, taking account of digital innovations such as digital evidence sharing capability.

The measures being consulted on conform in particular to the digital principle “inclusive, ethical and user focused” from the Scottish Government’s March 2021 Digital strategy: “A changing nation: how Scotland will thrive in a digital world”. 

The measures would also enable flexibility, appropriate choice and a person centred approach in the way processes are managed for those who use the system, including victims, witnesses and the accused, and maximise the use of technology where appropriate in procedures and practices.

Legislation is intended for the current parliamentary term.

Find the consultation here. Responses are due by 29 January 2024.