SCOTLAND’S courts are set to undergo a digital revolution that may lead to thousands of less serious cases being disposed of by online sheriffs.
The radical overhaul would pave the way for digital pleas and online background reports that could ensure many offenders never set foot in a courtroom even to be sentenced.
The blueprints by Scottish Courts and Tribunal Service (SCTS) have been produced in a bid to bring the legal system “right into the 21st century”.
They suggest all pre-trial procedure in summary criminal cases should be completed digitally unless pleas are contested.
But there is an acceptance that the plans may take “some years” because of the time required not only for the development of IT systems and the passage of legislation, but also for the promotion, training and support needed.
Evermore hearings would be conducted online with fewer witnesses required to appear.
The 125,500 summary cases that are heard annually by a sheriff or Justice of the Peace would be dealt with to varying degrees online, under the proposals.
SCTS claims that nearly two-thirds of summary cases - where the accused is bailed and would normally receive a complaint through the post - could be progressed by email.
Pleas could be made digitally and sheriffs would pass sentence on guilty pleas without the accused appearing in court.
It is estimated that “ongoing digital engagement” could be achieved in at least 85 per cent of summary cases.
The pioneering plans comes less than a fortnight after official figures showed that half of sheriff courts are taking longer to process cases than they were a year ago.
More than 30 per cent are now failing to hit the 26-week target from issuing a caution or charge to reaching a verdict.
That compares to 73 per cent for the same period the previous year, with eight courts failing to even get 60 per cent of cases concluded on time.
SCTS chief executive Eric McQueen said: "Our criminal courts, with their origins in the Victorian times, still rely heavily on paper transactions, postal-based practices and bringing people together in a courtroom for procedural hearings and trials, many months after an incident.
“As recent Audit Scotland reports have highlighted, this brings inherent inefficiency, delay and inconvenience.
“Our task now is to bring our summary criminal court procedure right into the 21st century, not by tinkering at the edges, but by radical digital transformation to improve the quality of justice for all concerned.”
The SCTS said the moves would “reduce the frustration and costs” of summary criminal proceedings and that there would be stronger judicial oversight to bring about more agreement of evidence where possible, and to ensure summary trials focus on what is in dispute.
The Law Society welcomed the proposals.
Eilidh Wiseman, president of the Law Society of Scotland, said: “Greater use of technology could bring substantial improvement to our courts.
"However, if we are to adopt more technology-driven processes, they will need to be properly resourced.”
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