High Court: Time between pleading diet and evidence led trial almost double pre-Covid levels

High Court: Time between pleading diet and evidence led trial almost double pre-Covid levels

The average time between pleading diet and evidence led trial is 43 weeks for High Court, compared to the pre-Covid level of 22 weeks, new figures have revealed.

Data from the Scottish Courts and Tribunals Service (SCTS) show the volume 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 also show that in July 2023:

  • The overall level of new cases registered is 81 per cent of the average pre-Covid level.
  • The overall level of cases concluded is 83 per cent of the average pre-Covid level.
  • Petitions, which provide a useful indicator of future solemn business, are 30 per cent higher than the average monthly pre-Covid level.
    49 High Court evidence led trials commenced which is 118 per cent of the average pre-Covid level.
  • 75 High Court cases were concluded, which is 112 per cent of the average pre-Covid level.
  • 100 sheriff solemn evidence led trials commenced which is 106 per cent of the average pre-Covid level.
  • 681 sheriff solemn cases were concluded which is 140 per cent of the average pre-Covid level.
  • The average time between pleading diet and evidence led trial is 41 weeks for sheriff solemn, compared to the pre-Covid level of 11 weeks.
  • 433 sheriff summary evidence led trials commenced, which is 75 per cent of the average pre-Covid levels
  • 4,962 sheriff summary cases were concluded which is 96 per cent of the average pre-Covid level.
  • The average time between pleading diet and evidence led trial is 38 weeks for sheriff summary, compared to the pre-Covid level of 23 weeks.
  • 1,363 Justice of the Peace cases were concluded which is 49 per cent of the average pre-Covid level.
  • The average time between pleading diet and evidence led trial is 44 weeks for Justice of the Peace, compared to the pre-Covid level of 22 weeks.

David Fraser, SCTS executive director court operations said: “Through the court recovery programme we are aiming to reach a point where the number of scheduled cases being prepared for trial is around 20,000.

“Given the significant reduction in summary trials backlog we switched court recovery resources from Summary to Solemn, with the introduction of a further 2 additional High Court and 6 additional Sheriff Solemn trial courts. Solemn cases, which involve the most serious crimes, are more challenging as the long term trend of increasing case levels continued throughout the pandemic. Today’s report shows that as a result solemn throughput has increased significantly.

“Since Feb 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.

“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.”

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