Solemn trial waiting times stay high as JP court falls

Waiting times for justice of the peace court trials reduced to pre-Covid levels in August 2023, but solemn cases remained at more than double the previous time, according to the latest monthly workbook published by Scottish Courts & Tribunals Service. 

The figures show that during August 2023:

• The overall level of new cases registered was 95% of the average pre-Covid level, as was the overall level of cases concluded.
• Petitions, which provide a useful indicator of future solemn business, were 25% higher than the average monthly pre-Covid level.
• 62 High Court evidence led trials commenced, 149% of the average pre-Covid level.
• 87 High Court cases were concluded, 130% of the average pre-Covid level.
• The average time between pleading diet and evidence led trial was 46 weeks for High Court, compared to the pre-Covid level of 22 weeks.
• 121 sheriff solemn evidence led trials commenced, 128% of the average pre-Covid level.
• 745 sheriff solemn cases were concluded, 153% of the average pre-Covid level.
• The average time between pleading diet and evidence led trial was 43 weeks for sheriff solemn, compared to the pre-Covid level of 11 weeks.
• 530 sheriff summary evidence led trials commenced, 92% of the average pre-Covid level.
• 5,614 sheriff summary cases were concluded, 109% of the average pre-Covid level.
• The average time between pleading diet and evidence led trial was 40 weeks for sheriff summary, compared to the pre-Covid level of 23 weeks.
• 1,610 justice of the peace cases were concluded, 58% of the average pre-COVID level.
• The average time between pleading diet and evidence led trial was 38 weeks for justice of the peace, compared to the pre-Covid level of 22 weeks.

Opening the legal year on Monday this week, the Lord President, Lord Carloway, spoke of the need to set a "new baseline" for solemn trial waiting times, as the rise in sex offending cases meant there was no prospect of returning to pre-pandemic waiting times.

David Fraser, SCTS executive director, Court Operations commented:

“The report published today demonstrates continued high throughput for solemn business.

“Since February 2023, the sheriff courts have continued to receive a higher demand for summary trials than was modelled. This has slowed progress on the level of outstanding summary trials and we are reviewing options to address this should the higher demand for summary trials continue in future months.

“I am pleased to report that the latest figures released today show that the justice of the peace court scheduled trials backlog has now returned to the pre-pandemic position.

“Strong collaboration across the judiciary, justice organisations, the legal profession and the third sector is helping to effectively manage court business. This remains important now that the solemn recovery programme has been extended.”

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