SCTS: case backlog down by 10,000 from 43,000 peak

The backlog of trials that built up during the Covid-19 pandemic has reduced by 10,000 since the start of the year, Scottish Courts & Tribunals Service has claimed as it released its latest monthly workbook on cases dealt with by the criminal courts. The figure relates mainly to summary trials.

The September workbook shows that the overall level of cases concluded during the month was 97% of the average pre-COVID level, compared with 108% in August and 97% in July. New cases registered were at 71% of the pre-COVID average (August 87%; July 78%), but petitions were 12% higher than average (August 25% higher; July 11%).

As regards particular courts:

• 48 High Court evidence led trials commenced, 116% of the average pre-COVID level (August 56 trials or 135%; July 42 trials or 101%);
• 69 High Court cases were concluded, 103% of the pre-COVID average (August 62 cases or 92%; July 66 cases or 98%);
• the average time between pleading diet and evidence led trial was 46 weeks in the High Court, compared to the pre-COVID level of 22 weeks (August 49 weeks; July 46 weeks);
• 100 sheriff solemn evidence led trials commenced, 106% of the pre-COVID average (August 93 trials or 98%; July 70 trials or 74%);
• 479 sheriff solemn cases were concluded, 112% of the pre-COVID average (August 524 cases or 122%; July 418 cases or 97%);
• the average time between pleading diet and evidence led trial was 43 weeks for sheriff solemn, compared to the pre-COVID average of 11 weeks (August 44 weeks; July 44 weeks);
• 474 sheriff summary evidence led trials commenced, 82% of the pre-COVID average (August 571 trials or 99%; July 431 trials or 74%);
• 5,088 sheriff summary cases were concluded, 107% of the pre-COVID average (August 5,695 cases or 119%; July 4,989 cases or 105%);
• the average time between pleading diet and evidence led trial was 50 weeks for sheriff summary, compared to the pre-COVID average of 23 weeks (August 49 weeks; July 44 weeks);
• 1,934 justice of the peace cases were concluded, 76% of the pre-COVID average (August 2,169 cases or 85%; July 2,143 cases or 84%);
• the average time between pleading diet and evidence led trial was 52 weeks for justice of the peace, compared to the pre-COVID average of 22 weeks (August 48 weeks; July 52 weeks).

Updated modelling published last month indicated that the summary criminal court backlogs will be cleared by March 2024; solemn business, which is more challenging given the continual trend of increased cases levels, may be cleared for the High Court by March 2025 and for sheriff solemn by March 2026, by switching court recovery programme resources from summary to solemn.

David Fraser, SCTS executive director, court operations commented: “I am delighted to report that the trial backlog has reduced by 10,012 trials since the peak position of 43,606 seen at the start of 2022. This is a significant milestone that demonstrates the sheer impact that the courts recovery programme is having on the backlog created by the Covid-19 pandemic. The statistics also show that the percentage of trials concluded is above pre-COVID levels in the High Court and sheriff courts.

“The collaboration across the judiciary, justice organisations, the legal profession and the third sector is helping to effectively manage court business, including the ongoing delivery of the recovery programme. The monthly publication on throughput of cases, combined with the revised modelling reports, illustrate the progress being made and the challenges still ahead.”

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