November criminal cases kept above pre-Covid levels

Most categories of criminal court business were dealt with at above pre-Covid volumes during November, according to the latest monthly workbook published by Scottish Courts & Tribunals Service.

The overall level of cases concluded was 103% of the average pre-Covid level. New cases registered were at 88% of the previous average, though petitions were 14% higher.

Breaking down the figures:

• 63 High Court evidence led trials commenced, or 152% of the pre-Covid average;
• 75 High Court cases were concluded, or 112% of the pre-Covid average;
• the average time between pleading diet and evidence led trial was 44 weeks for High Court (pre-Covid: 22 weeks);
• 117 sheriff solemn evidence led trials commenced, or 124% of the pre-Covid average;
• 484 sheriff solemn cases were concluded, or 113% of the pre-Covid average;
• the average time between pleading diet and evidence led trial was 46 weeks for sheriff solemn (pre-Covid: 11 weeks);
• 560 sheriff summary evidence led trials commenced, or 97% of the pre-Covid average;
• 5,420 sheriff summary cases were concluded, or 114% of the pre-Covid average;
• the average time between pleading diet and evidence led trial was 45 weeks for sheriff summary (pre-Covid: 23 weeks);
• 2,074 justice of the peace cases were concluded, or 81% of the pre-Covid average;
• the average time between pleading diet and evidence led trial was 53 weeks for justice of the peace (pre-Covid: 22 weeks).

Updated modelling published in September indicated that the summary criminal court backlogs will be cleared by March 2024 as planned. 

SCTS states that solemn business is "more challenging", given the continual trend of increased case levels, on top of the Covid backlog. Court recovery programme resources will be switched from summary to solemn, creating additional trial courts to clear the High Court backlog by March 2025 and sheriff solemn by March 2026. That programme will be supported by the funding announced with the draft Scottish Budget Bill.

However SCTS recognises that the revised programme, representing an increase in trial capacity of almost 40% in the High Court and almost 50% in sheriff solemn over pre-pandemic levels, will "stretch the capacity of all justice organisations, the legal profession and the voluntary sector". The programme will be "kept under tight review, taking a flexible approach if pressures do arise".    

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