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Updated modelling on criminal court backlog published today

The Scottish Courts and Tribunals Service has published today the latest monthly workbook to show the throughput of criminal cases in our courts, along with updated modelling showing the predicted impact of the court recovery programme.

This shows the volumes of cases being progressed each month in the High Court, Sheriff Court and Justice of the Peace Courts from April 2020, compared against the monthly averages for 2019/20 (pre-COVID).

The figures show that during August 2022:

  • The overall level of new cases registered is 87% of the average pre-COVID level.
  • The overall level of cases concluded is 108% of the average pre-COVID level.
  • Petitions, which provide a useful indicator of future solemn business, are 25% higher than the average monthly pre-COVID level.
  • 56 High Court evidence led trials commenced which is 135% of the average pre-COVID level.
  • 62 High Court cases were concluded, which is 92% of the average pre-COVID level.
  • The average time between pleading diet and evidence led trial is 49 weeks for High Court, compared to the pre-COVID level of 22 weeks.
  • 93 sheriff solemn evidence led trials commenced which is 98% of the average pre-COVID level.
  • 524 sheriff solemn cases were concluded which is 122% of the average pre-COVID level.
  • The average time between pleading diet and evidence led trial is 44 weeks for sheriff solemn, compared to the pre-COVID level of 11 weeks.
  • 571 sheriff summary evidence led trials commenced, which is 99% of the average pre-COVID levels
  • 5695 sheriff summary cases were concluded which is 119% of the average pre-COVID level.
  • The average time between pleading diet and evidence led trial is 49 weeks for sheriff summary, compared to the pre-COVID level of 23 weeks.
  • 2169 Justice of the Peace cases were concluded which is 85% of the average pre-COVID level.
  • The average time between pleading diet and evidence led trial is 48 weeks for Justice of the Peace, compared to the pre-COVID level of 22 weeks.

The updated modelling indicates that the summary criminal court backlogs will be cleared by March 2024 as planned. Solemn business is more challenging given the continual trend of increased cases levels, on top of the COVID backlog. However by switching court recovery programme resources from summary to solemn, the high court backlog can be cleared by March 2025 and sheriff solemn by March 2026.

David Fraser, SCTS Executive Director Court Operations said:

“The statistics demonstrate the courts recovery programme is having an impact in reducing the backlog created by the Covid-19 pandemic. The trial backlog has reduced by 8,900 trials since the start of the year, with the percentage of cases concluded above pre-COVID levels.

 “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: http://www.scotcourts.gov.uk/official-statistics

The Criminal Court Recovery Modelling report can be viewed here.

22 September 2022 Communications