A new way of dealing with criminal cases in Scotland freed up 11,000 police officers for other duties, reduced witness trauma and has the potential to "transform" the justice system, legal experts say.
Each summary (non jury) criminal case involves at least one complainer, one accused person and several witnesses.
They can face long delays for the progression and resolution of the case which leads to unnecessary and repeated "churn" in the sheriff courts.
The initiative encourages early disclosure of evidence and "prompt engagement" between the Crown and the defence to allow solicitors and accused persons to assess and discuss the evidence from the outset of proceedings.
Where appropriate, this results in early resolution avoiding the need for complainers and witnesses to attend court.
Where trials are necessary, these have been closely case managed by the judiciary the evidence is focused and trials are shorter helping to minimise the trauma, inconvenience and delay for complainers, witnesses and accused persons.
An evaluation of the Summary Case Management (SCM) pilot published today reveals that cases within the pilot courts are resolving more quickly, improving the experience of victims and witnesses, particularly in domestic abuse proceedings.
More than 500 summary trials did not require to be fixed in the pilot courts over the 19 month period directly as a result of SCM.
During the same period, an estimated 18,000 witnesses, including approximately 11,000 police officers, were not cited or recited to attend court unnecessarily.
It is estimated 18,000 witnesses were not cited or recited due to SCM. Of this, approximately 11,000 were police witnesses, freeing them up for other duties.
If it had also been in place in the other sheriff courts, it is estimated that a further 89,000 witnesses (of which an estimated 50,000 are police witnesses) would not have required to be cited or recited2 .
The pilot was launched in September 2022 at Dundee, Hamilton and Paisley Sheriff Courts, before being expanded to Glasgow and Perth earlier this year.
Following its success, the decision has been taken to roll it out to all courts in Scotland.
Despite a higher than expected number of new cases registered with Sheriff courts between 2023 and 2024, the number of scheduled summary trials at the pilot courts has reduced by 31%, compared to non-pilot courts which rose by 10%.
Sheriff Principal Aisha Anwar, who led the pilot, said: “The findings from this final evaluation are very encouraging and provide good cause for optimism.
“As the report shows, summary case management has the potential to transform the summary criminal justice system and we are committed to expanding the programme nationwide so that court users across the country can benefit.”
Malcolm Graham, chief executive of the Scottish Courts and Tribunals Service, added: “The report is clear that victims and witnesses are benefiting from an improved experience and early resolution of cases, while justice partners are seeing significant efficiencies both in the justice system overall and their individual operations."
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Lynn MacDonald, of domestic abuse advocacy service ASSIST, added: “Dundee ASSIST feel that the pilot has been really positive for victims of domestic abuse.
"It has been clear to see that the timescales for cases coming to conclusion is shorter than before, which is a huge positive for our clients given the emotional and mental strain the process can cause.”
Police Scotland Assistant Chief Constable Wendy Middleton said: “In addition to the obvious benefits to victims, Police Scotland is seeing a reduction of first issue citations for domestic abuse cases by up to 34% in all pilot courts which equates to around 5000 citations not being served on operational officers.
"This reduction is welcomed by Police Scotland as more officers are available to deliver a policing service in local communities
"It also ensures that officers can be rested appropriately, ensuring that they remain fit and well to continue to deliver an effective service.”
COPFS Deputy Crown Agent Jennifer Harrower added: “The feedback is that victims feel listened to and empowered."
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