No-jury solemn trials will help clear COVID-19 backlog

Solemn trials without a jury, to help clear a "monumental" backlog of cases, are among the many provisions of the newly published Coronavirus (Scotland) Bill, designed to deal with the effects of the nationwide lockdown.

Schedule 4, dealing with justice matters, allows regulations to be made for such trials where ministers are satisfied that it is "necessary and proportionate, in response to the effects coronavirus is having or is likely to have, for the purpose of ensuring that the criminal justice system continues to operate effectively". 

In a statement, the Lord Justice General said the bill would impact on "longstanding and well established elements of the system designed, in normal times, to form part of a suite of protections and safeguards for all those participating in, or affected by, the administration of justice. They are not to be altered lightly".

Lord Carloway continued: "These are not normal times. My overriding concern is to ensure that, in these extreme circumstances, we can continue to preserve the fair, effective, and efficient administration of justice, in the hope that we can facilitate the return to normal operations as early as is possible."

The courts would face "a monumental backlog of solemn criminal trials" – over 1,000 cases even if restrictions are lifted by the summer – and without action to mitigate the impact, there would be delays of "years rather than months" in bringing accused to trial. 

Time limits prior to trial will be extended by disregarding a six month "suspension period" beginning with the day the Act comes into force, or the accused's first appearance or committal if later.

The bill also provides for hearings by digital means and without personal appearances, except for trials; an extended range of fiscal fines up to £500; coronavirus as a reason for admitting hearsay evidence; extended time for completing community orders; and early release of prisoners within classes to be specified by regulations.

Outside the criminal sphere, the bill will enact additional protection from eviction for tenants, with some mandatory grounds becoming discretionary and extended periods of notice. There will be a moratorium on diligence; reduced sized panels for children's hearings, and extended time limits; modification of alcohol licensing and general licensing procedures; extension from 20 to 60 days of the time for responding to freedom of information requests; postponement of reports due by public bodies; and exclusion of the public from local government meetings.

A miscellaneous schedule also enacts the extension of advance notices sought by the Keeper of the Registers, until 10 days after the Keeper declares the application record fully open.

The bill is expected to be passed by the Scottish Parliament tomorrow.