Practice note confirms summary case reduction scheme

A pilot scheme to reduce the backlog of summary criminal cases, introduced in the Sheriffdom of South Strathclyde, Dumfries & Galloway, has now been given official endorsement in the form of a practice note from the Lord Justice General, taking effect across the whole of Scotland.

The scheme involves holding early, physically distanced, meetings between the prosecution and the defence outwith the courtroom, before a trial date is confirmed. It aims to avoid the situation where summary sheriff court cases resolve on the day when the trial is scheduled by an agreed guilty plea, or a case calling in court when it is not yet ready to proceed, which means witnesses and complainers attending unnecessarily and a wasted slot in the court programme.

These pre-intermediate diet meetings (PIDM) will help to ensure that only those cases which cannot be resolved by agreement, and which are ready for trial, will advance to the trial date, thus reducing unnecessary attendance at court of all involved in a case.

In South Strathclyde, Dumfries & Galloway, the recent launch of such meetings has led to almost 90% of cases resolving early, freeing up space in the court programme for significantly more cases to proceed to trial. (Click here for news item.) To date, approximately 400 cases have resolved in meetings across the area. 

The Lord Justice General’s practice note comes into full effect on 1 December.

Lord Carloway commented: "In light of the backlog of cases which has built up as a result of COVID-19 restrictions, it is vital to the efficient operation of the courts that valuable trial diets are not lost by last minute adjournments or late guilty pleas. Not only will early engagement improve the efficiency of the courts, it will also prevent witnesses and complainers from attending trials unnecessarily. Minimising physical contact with others in sheriff courts will reduce the risk of spreading coronavirus.

"The practice note was drafted following consultation with the Law Society of Scotland and the Crown Office & Procurator Fiscal Service. They are to be thanked for their valuable contributions. Such collaborative work is helping to ensure that justice is delivered in Scotland as efficiently as possible within a safe environment. The progress that is being made, to adapt to the challenging circumstances which we currently face, will serve our justice system well into the future."

The Lord Advocate, James Wolffe QC, added: "It is now more important than ever that cases progress efficiently and timeously through the justice system. This practice note will underpin good communication between prosecutors and defence lawyers, with a view to promoting that objective. 

"COPFS is committed to continuing to work with sheriffs principal and the wider legal profession to make improvements that will not only benefit the justice system now, as it recovers from the effects of the pandemic, but in the years to come as well."

Debbie Wilson, convener of the Law Society of Scotland's Criminal Law Committee, said: "The introduction of pre-intermediate diet meetings brings with it a new way of working for solicitors working for both the Crown and the defence. As with any new process, its success largely depends on clear communication with those who have to follow it. I encourage all of our members working in Scottish criminal courts to familiarise themselves with the practice note and supporting information about this new way of working before it comes into effect."

To support the introduction of the new practice note, webinar Q&A sessions have been set up for Monday 23 November and Thursday 26 November. Practitioner registration details, as well as an opportunity to view an introductory video about the PN, are also available - please check your email inbox for details of how to join the events or view the video. If you are a court practitioner and have not received this email, please contact comms@lawscot.org.uk.