Sheriffs principal issue guidance on court hearings

The sheriffs principal have issued new guidance on the conduct of hearings in proceedings in the sheriff courts. 

In criminal proceedings, where possible, accused persons who have been remanded in custody will appear by remote means at any diet, except for the trial diet. Any more detailed guidance on the management of criminal proceedings is considered no longer necessary.

For civil business, parties will be expected to address the court on the mode of hearing when inviting the court to fix a diet at which it is proposed evidence will be led. Unless otherwise directed by the court, proofs and other substantive hearings will be conducted in person.

Procedural business and debates will be conducted by electronic means unless directed by the court. This does not apply to child welfare hearings or summary cause actions in which recovery of possession of heritable property is sought. Guidance on these matters was issued earlier this month.

Current arrangements for business in the All Scotland Sheriff Personal Injury Court and the Sheriff Appeal Court will continue to apply.

The new guidance, which takes effect from 27 July 2022, will supersede and replace the guidance issued by Scottish Courts & Tribunals Service on 25 April 2022. It will be subject to review in the light of anticipated legislative changes which may come into force later this year.