SCOTLAND’S justice system faces a “very significant” backlog of trials after the pandemic that may require dispensing with juries in more serious cases, ministers have warned.
Clearing the backlog could also involve smaller juries and giving sheriffs tougher sentencing powers, according to a Scottish Government discussion paper.
Published last night by Justice Secretary Humza Yousaf, the paper set out nine options for tackling the build-up of the most serious, or solemn, cases after the Covid lockdown.
If the suspension of new jury trials which began last month continues over the summer, it said the backlog would be “prodigious”, with the number of outstanding trials doubling to around 1600, potentially taking years to clear under current arrangements.
SNP ministers initially proposed moving to judge-only trials to address the problem, but withdrew the idea from emergency legislation this month in a Holyrood backlash.
However the paper says the idea remains an option, alongside smaller juries - they were cut from 15 to seven in World War II - and empowering sheriffs sitting without a jury to jail people for up to three years instead of one.
The Tories questioned why the judge-only trials option was "back on the table".
Using video links for jurors, using bigger non-court venues, re-opening closed courts and testing jurors for Covid-19 were seen as less practical options.
Mr Yousaf, who will hold a virtual roundtable with key stakeholders on the current suspension of judge and jury court trials, said the paper showed the scale of problem which was already building up.
He said: “Scotland’s justice system, as with all public services, has responded quickly to the COVID-19 outbreak, to support service users and employees to comply with the essential public health measures that will reduce social interaction and the spread of this dangerous virus.
“We and our partner agencies are committed to continuing fair and effective justice and moves have already been made to enhance digital capability across the justice system while scaling back activity where appropriate.
“However, the suspension of jury trials during the current ‘lockdown’ period, in order to comply with social distancing guidance, will result in a significant backlog of criminal trials which, clearly, negatively impacts victims, witnesses and accused people, as well as potentially public faith in their justice system.
“While the emergency Coronavirus (Scotland) Act allows time limits for some criminal proceedings to be extended, it does not resolve the inability for the most serious cases to proceed without being able to use juries. I committed to consider any practical or legislative solutions to this issue and am grateful to those stakeholders for their suggestions.
“Following intensive work by Government, the Scottish Courts and Tribunals Service and the Crown Office, our discussion paper details a range of potential temporary options and while changing the trial by jury system is still included it is not our favoured option. Each option has clear challenges and I will consider them in detail, while having talks with key justice partners, including representatives of the legal profession, victims organisations, political parties and human rights experts this week.”
He said he intended to update Parliament as soon as possible after recess on how the discussions were progressing and any planned next steps.
Scottish Conservative shadow justice secretary Liam Kerr said: “The SNP got very considerable blowback on its plans to abolish jury trials as we cope with this pandemic.
“But many will look at these proposals and see that this widely-criticised idea is back on the table.
“If the SNP decides to press this option again, in the face of all the objection last time, we will oppose it all the way."
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel