The Bench Book aims to ensure a consistent and effective approach to case management and, although primarily designed for the judiciary, also has the profession in mind.

The Lord Justice General states in his foreword: “The Bench Book will provide support to the preliminary hearing judges in dealing with the many issues which must be addressed. It will also be a valuable tool for practitioners who will better understand the obligations which rest upon them and the expectations the court will have of them.”

The resource aims to provide a ‘one-stop-shop’ for judges and practitioners at the preliminary hearing, providing guidance on the legislation and significant case law as well as highlighting key excerpts from Renton and Brown on various topics.

The topics covered include: the statutory obligations at preliminary hearing; disclosure; time limits and time bar; judicial culture; vulnerable witnesses and sections 274 and 275 of the 1995 act. Key resources, such as applicable High Court Practice Notes, the Commission Checklist and the rape shield provisions, are replicated in the appendices for ease.

Many of the issues addressed at a preliminary hearing are also relevant at first diets in the Sheriff Court.

The Bench Book has been made publicly available on the Judiciary of Scotland website so that solicitors and advocates can benefit from it.