Scottish courts announce further restrictions to business
Further measures to counter the "significant impact" the coronavirus pandemic is having on Scottish court business have been announced by Scottish Courts & Tribunals Service.
In criminal cases, where a stop has already been put on any new jury trials, the Lord Justice General and Lord Advocate have agreed that summary criminal trials will now focus on custody cases except for some non-custody trials where witnesses are available: these are likely to be cases of domestic abuse, sexual offending or other violence.
In addition there will be "strong judicial case management" to attempt to resolve cases without the need for a trial. Prosecutors and defence agents alike "will be expected to respond to the current situation with a view to ensuring that our restricted capacity for trials is reserved for essential cases". Further opportunities to pre-record evidence or have evidence given from remote locations will also be explored.
In solemn cases, pre-trial diets will continue to call, with cases being continued for three months.
All criminal appeals, including bail appeals, will continue as normal.
Civil business in the Court of Session and sheriff courts will continue where possible, if no witnesses are involved. Where parties agree, a hearing may proceed on written submissions or via telephone or video conferencing. Documents due to be lodged may be posted to the offices or left at reception or public counters. Electronic submission of documents will be accepted where competent.
Separate guidance has been issued for the All Scotland Personal Injury Court, and further guidance will follow for simple procedure cases.
All "non-critical work" across the Scottish tribunals is now being stopped. Scheduled hearings are being postponed; where these are time-critical, such as some hearings of the Mental Health Tribunal, they are being changed to telephone hearings to reduce travel and protect the parties involved. In general any hearings that need to continue will be by telephone conference call only. Any person seeking to have a case treated as urgent should email the relevant office, setting out the reasons.
The Office of the Public Guardian will be prioritising work, particularly powers of attorney and guardianship orders, to ensure that essential services are maintained as far as possible. Any urgent enquiries should be clearly marked as such, with reasons.