The Scottish Courts and Tribunals Service has published the latest monthly workbook to show the throughput of criminal cases in our courts.  Due to the progress being made on reducing summary case backlogs adjustments to the court recovery programme are now being planned. These are explained below.

Due to fewer court days being programmed during the December festive period, comparisons with the pre-COVID monthly average are lower.

Monthly Workbook

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 December 2022:

• The overall level of new cases registered is 69% of the average pre-COVID level.
• The overall level of cases concluded is 80% of the average pre-COVID level.
• Petitions, which provide a useful indicator of future solemn business, are 1% higher than the average monthly pre-COVID level.
• 30 High Court evidence led trials commenced which is 72% of the average pre-COVID level.
• 54 High Court cases were concluded, which is 80% 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.
• 65 sheriff solemn evidence led trials commenced which is 69% of the average pre-COVID level.
• 419 sheriff solemn cases were concluded which is 98% of the average pre-COVID level.
• The average time between pleading diet and evidence led trial is 46 weeks for sheriff solemn, compared to the pre-COVID level of 11 weeks.
• 437 sheriff summary evidence led trials commenced, which is 75% of the average pre-COVID levels
• 4278 sheriff summary cases were concluded which is 90% of the average pre-COVID level.
• The average time between pleading diet and evidence led trial is 46 weeks for sheriff summary, compared to the pre-COVID level of 23 weeks.
• 1531 Justice of the Peace cases were concluded which is 60% of the average pre-COVID level.
• The average time between pleading diet and evidence led trial is 42 weeks for Justice of the Peace, compared to the pre-COVID level of 22 weeks.

Revisions and corrections

In the November 2022 release a number of figures for the High Court were incorrectly reported. The revisions are as follows: ‘Trials called’ was reported as 77, when it should have read 79; ‘Trials called where evidence was led’ was reported as 63, when it should have read 55; ‘Indictments concluded’ was reported as 75, when it should have read 71; and ‘Average time between pleading diet and evidence led trial, where evidence led trial occurred in the period shown (weeks)’ was reported as 44, when it should have read 43. The corresponding tables and charts contained within tabs 1(a) and 1(b) of the workbook have been updated. There are no further revisions or corrections to report.

Court Recovery Programme

The updated modelling, indicated that the summary criminal court backlogs will be cleared by March 2024 as planned. The continued monthly reductions in the summary trials backlog demonstrates the progress being made.  

Solemn business is more challenging given the continual trend of increased case levels, on top of the COVID backlog. However, by switching court recovery programme resources from summary to solemn, the modelling demonstrates that the high court backlog can be cleared by March 2025 and sheriff solemn by March 2026.

Therefore, by April 2023 we intend to introduce 2 additional trial courts for the High Court in the Lawnmarket, Edinburgh and the equivalent of 6 additional trial courts for sheriff solemn, across nine locations: Aberdeen, Dumbarton, Edinburgh Forfar, Glasgow, Greenock, Paisley, Peterhead and Stirling. These will be in addition to the 4 High Court and 2 Sheriff Solemn trial courts that are already within the court recovery programme.

The £50m justice funding from Scottish Government has underpinned the court recovery programme and continuation of this funding will be critical in ensuring that the revised programme can be delivered during 2023-24.

In overall terms the revised court recovery programme represents a pre-pandemic increase in trial capacity of almost 40% in the High Court and almost 50% in Sheriff Solemn. Even with the reduction of the 10 additional summary trial courts, this will stretch the capacity of all justice organisations, the legal profession and the voluntary sector. We will all therefore need to ensure that the recovery programme is kept under tight review, taking a flexible approach if pressures do arise.    

David Fraser, SCTS Executive Director Court Operations said:

“Significant progress continues to be made in reducing the trial backlog, which has now reduced by 30% since the start of 2022. This demonstrates the impact that the courts recovery programme is having on the backlog created by the Covid-19 pandemic. We can now have increased confidence that summary backlogs will be cleared by March 2024.

"With the progress being made in tackling the backlog of summary cases the time is now right to switch resources from summary to solemn, which is more challenging with the continued increase in case levels, in addition to the backlog. The continued financial support from the Scottish Government is crucial in allowing this programme to be successful.

"Strong collaboration across the judiciary, justice organisations, the legal profession and the third sector is helping to effectively manage court business, this will become even more important as the solemn recovery programme extends.

"The monthly publication on throughput of cases, combined with the revised modelling reports, illustrate the progress being made and the challenges still ahead.”