Start date for summary criminal case management pilots

Three sheriff courts will today begin piloting case management for summary criminal business.

Sheriffs in Dundee, Hamilton and Paisley will adopt the new approach, changing the way in which their courts manage cases and testing the benefits of stronger judicial case management and earlier engagement with the Crown and defence agents.

The scheme will aim to:

• resolve cases at the earliest opportunity, without the need for a trial being fixed;
• reduce the need for full disclosure where cases can be resolved;
• reduce the number of cases called for trial;
• reduce the number of witnesses unnecessarily called, and
• preserve trials for cases that cannot be resolved by other means.

Judicially led by the respective sheriffs principal, the pilot has the full support and collaboration from Scottish Courts & Tribunals Service, Crown Office & Procurator Fiscal Service, Police Scotland and the Scottish Legal Aid Board. A practice note, Practice Note 2 of 2019, provides guidance on the practices which the Crown and defence will be expected to adopt at first calling and the intermediate diet, to support the court in its case management role.

The pilot is expected to run for at least 18 months and will be monitored and evaluated throughout that period. Learning from the pilot will be used to inform the next stages of a wider rollout.

Sheriff Principal Duncan Murray of North Strathclyde commented: “Much work has been undertaken to see the pilot commence. The practice note seeks to give direction to the Crown and defence to support sheriffs undertaking a more active case management role. It applies to all summary cases in Dundee, Hamilton and Paisley which call for the first time on or after 6 January, unless the case proceeds as a custody trial. The pilot will provide an opportunity to assess how more active case management works and how this may be enhanced in future by legislative change or digital processing. Monitoring of the outcomes achieved in the three courts will provide an evidence base to support future developments.”