Post-COVID justice reforms need more data, MSPs report
More data, and a greater consensus from the criminal justice sector, are needed before some of the proposed post-COVID-19 changes to the justice system are made, a committee of MSPs has reported.
In its stage 1 report on the Scottish Government’s Coronavirus (Recovery and Reform) Bill, Holyrood's Criminal Justice Committee – which has only considered the justice provisions of the bill – called on the Government, and Scottish Courts & Tribunals Service, to acknowledge the legitimate concerns of stakeholders, including many lawyers.
The committee considered provisions including the extension of time limits on cases coming to trial, greater use of technology to allow remote hearings, greater use of fiscal fines, and the power for ministers to release prisoners early.
It concludes that more fundamental, permanent changes to the system, like a long-term presumption for remote hearings, would need more data, debate, and a greater consensus from key stakeholders before being made.
"Our view is that a proper assessment has to be made of the various proposals for ‘digital justice’", the report states. "They should only progress if there is genuine merit in the proposals, rather than simply being a matter of a cost saving or administrative convenience. Whilst we accept there may never be unanimity, there must be a general consensus from the main participants and we cannot make fundamental changes to how our court system functions and the rights of individuals involved without full and proper debate."
The MSPs also call on ministers to ensure that information to victims is improved when cases are settled through fiscal fines. They further believe that communication with and support for victims should be improved if ministers have to use powers to release prisoners early again.
Normal time limits for court cases should return as soon as feasible, as this is in the interests of both victims and the accused, the committee states: the extended time limits should not become the new normal, and their use should be monitored and used proportionally.
Committee convener Audrey Nicoll MSP commented: "The justice sector was greatly impacted by the pandemic, and supporting its recovery is a priority for our committee.
"Many of these changes, including the extension on trial time limits, are unwelcome but necessary. We absolutely understand the need to legislate for them, though we all want to see delays and backlogs cleared as soon as possible.
She continued: "Many of the innovations, particularly the less controversial and technical rules, have been broadly welcomed. Where those are sensible and enjoy broad support, we back these being made permanent. We would see no reason to, for example, remove interim legal aid payments, or bar the Parole Board from allowing its chair to delegate decisions.
"However, on more fundamental questions about the administration and delivery of justice in Scotland, such as how court business is conducted, we want to see more data, more consideration being given to rights, and evidence that any changes would be required and beneficial before any permanent legislation is introduced."