Early resolution for summary cases could ease court backlog
Lawyers groups have backed early resolutions for less serious criminal cases to help clear a three-year trial backlog which has built up during the pandemic.
Sheriff Court summary criminal cases, where a sheriff hears a case sitting alone without a jury, widely resumed in Scotland yesterday after being largely suspended for more than three months.
Under summary trials the maximum jail term is 12 months and the biggest fine is £10,000.
David Fisken, the vice president of the Glasgow Bar Association, warned there was a theoretical danger of people accused of crimes pleading guilty because they could spend longer on remand than any custodial sentence they may receive. He said: "If a client is adamant he wants to plead guilty and tells you he has done it, there is at least a danger they have done it to have a swifter resolution to it.
"There are real concerns over the mental health of the accused, victims and witnesses having these sorts of things hanging over them.
"There's no doubt it's a massive problem."
As of April 9, 1,801 people were being held in prisons awaiting trial, compared with an average of 1,383 throughout 2019-20, Scottish Prison Service figures show.
Debbie Wilson, the convener of the Law Society of Scotland's Criminal Law Committee convener, said more meetings between prosecutors and defence lawyers outside courtrooms could resolve cases early by agreement.
The move, called Preintermediate Diet Meetings (PIDMS), would see only cases which are definitely ready for trial called on, reducing time-consuming last-minute adjournments and late guilty pleas, Judiciary of Scotland guidance states.
It would also prevent witnesses and complainers having to attend court unnecessarily, it adds.
Mr Fisken also called for more efficient use of court space, saying he had been told that Glasgow Sheriff Court had been using only about half of its capacity of 14 summary trials per day.
Ms Wilson said the widespread restarting of summary trials was an "important step forward" but the justice system needs more "creative, workable solutions".