SCTS revises criminal case backlog predictions

Scottish Courts & Tribunals Service has revised its predictions for clearing the post-Covid backlogs of criminal business, as it published its latest monthly workbook showing the throughput of cases.

The figures show that during November 2023:

• The overall level of new cases registered was 99%, and of cases concluded 98%, of the average pre-Covid level (the October figures were 90% and 96% respectively, and September 89% and 87%).
• Petitions, which provide a useful indicator of future solemn business, were 8% higher than the average monthly pre-Covid level (October 7% higher; September 4% higher).
• 62 High Court evidence led trials commenced, which is 149% of the average pre-Covid level (October 60 trials or 145%; September 57 trials or 137%).
• 86 High Court cases were concluded, which is 128% of the average pre-Covid level (October: 94 cases or 140%; September: 83 cases or 124%).
• The average time between pleading diet and evidence led trial was 48 weeks for High Court, compared to the pre-Covid level of 22 weeks (October: 39 weeks; September: 48 weeks).
• 114 sheriff solemn evidence led trials commenced, which is 121% of the average pre-Covid level (October: 116 trials or 123%; September the same).
• 712 sheriff solemn cases were concluded, which is 146% of the average pre-Covid level (October: 740 cases or 152%; September: 663 cases or 136%).
• The average time between pleading diet and evidence led trial was 41 weeks for sheriff solemn, compared to the pre-Covid level of 11 weeks (October: 42 weeks; September: 40 weeks).
• 554 sheriff summary evidence led trials commenced, which is 96% of the average pre-Covid levels (October: 452 trials or 78%; September: 430 trials or 74%).
• 5,739 sheriff summary cases were concluded, which is 111% of the average pre-Covid level (October: 5,574 cases or 108%; September: 4,990 cases or 98%).
• The average time between pleading diet and evidence led trial was 39 weeks for sheriff summary, compared to the pre-Covid level of 23 weeks (October: 39 weeks; September: 38 weeks).
• 1,793 justice of the peace cases were concluded which is 65% of the average pre-Covid level (October: 1,736 cases or 63%; September: 1,606 cases or 58%).
• The average time between pleading diet and evidence led trial was 43 weeks for justice of the peace, compared to the pre-COVID level of 22 weeks (October: 45 weeks; September: 40 weeks).

The updated modelling indicates that the summary criminal court backlogs will be cleared during 2024-25, slightly later than the previous modelling indication of March 2024. This is a result of higher than expected levels of sheriff summary registrations as Police Scotland and COPFS have cleared backlogs.

Solemn business is more challenging, as the case backlog is incrementally being replaced by a new higher baseline of scheduled trials, indicating that a continued increase in court capacity will be required in the long term. However the switch of court recovery programme resources from summary to solemn since April 2023 shows that the High Court backlog can be cleared by March 2025 and sheriff solemn during 2026-27.

David Fraser, SCTS executive director, Court Operations commented: "The report published today continues to show the impact of the additional trial courts as throughput for solemn business remains high."

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