Increase in High Courts to tackle spike in trials
Warning that modernisation and reform is required across courts system
A record number of High Court venues will be in place by the start of 2027 as part of ongoing efforts to tackle a surge in trials and reduce the time people spend waiting for cases to conclude.
The Scottish Courts and Tribunals Service (SCTS) said the addition of four High Court venues, bringing the total to 14, would allow it hold up to 26 trials a day, compared to just 16 at the start of this decade.
It said the decision was taken due a “substantial increase” in High Court business in recent years, with modelling projections indicating that the trend will only intensify in the near future.
The head of the SCTS stressed that the need remains for “sustained cross-system Scottish government investment” in digital renewal to deliver required efficiencies and help avoid delays for victims and witnesses.
The additional venues will be based in three existing sheriff courts in Edinburgh, Glasgow, and Dunfermline, as well as a justice of the peace court in Airdrie.
While the overall number of scheduled criminal trials has reduced from over 43,000 in January 2022 to just over 13,000, the number of scheduled High Court trials has continued to rise. The number of indictments registered at the High Court is projected to reach over 2,000 this year compared to just 935 in 2023/24.
That surge in indictments is due a range of factors, including a sustained number of complex and lengthy trials featuring multiple accused parties, multi-judge appeals, and an ongoing focus on historical sexual offences and serious organised crime. The Crown Office and Procurator Fiscal Service (COPFS) has also been registering significantly higher levels of indictments to clear a cohort of time-bar cases
The Lord Justice General, Lord Pentland said: “We are dealing with current and projected increases in High Court business which are imposing intense pressure on a system with finite capacity.
“The additional courts have been made possible due to efficiencies created elsewhere in the system, most notably through the summary case management initiative. However, this approach will only get us so far.
“Modernisation and reform are crucial to resolving the conundrum of how to manage within a tight public sector budget and at the same time continue to improve the quality of our service to the public.”
Malcolm Graham, chief executive of the SCTS, said: “Our focus continues to be on striving to reduce the length of time people wait for the outcome of a case.
“Continued pressures on High Court business are only projected to increase further over the next few years, placing further strain on the capacity and resources of the courts. We will continue to work with justice partners to explore further improvements and make the case for sustainable resourcing in order to allow those improvements to be made.
“In particular there is a need for sustained cross-system Scottish government investment in digital renewal to deliver the efficiencies now required. Investment in modern, accessible, efficient and digitally enabled services across the justice system is essential for people waiting for justice and to avoid delays for victims, witnesses and all who use our courts.”
The most recent criminal court modelling data compiled by the SCTS indicates that with four additional trial courts, the number of projected scheduled High Court trials will stand at around 1,778 by March 2030. Without that increase, the modelling suggests, the number would be 2,412.
Such an increase, the modelling data suggests, will also drive down the time it takes for trials to be heard. While the projected average wait from indictment to an evidence-led trial would have stood at 136 weeks by March 2030 with 22 High Courts, the addition of the four courts could reduce it to 100 weeks.
The leading defence advocate, Thomas Leonard Ross KC, praised the SCTS, and said the extra courts would reduce the time that accused persons and witnesses require to wait for cases to conclude.
!When Lord Bonomy reformed High Court procedure back in 2005, he envisaged that High Court trials would take place within a month of the preliminary hearing,” he said. “Now a period of 14 months between the diets in not unusual - and many accused languish in prison pending trial. Since 2019 - the untried population has more than doubled - from around 900 to more that 2,000.”
Simon Brown, president of the Scottish Solicitors Bar Association, said that while any measure that decreases the delays infringing cases to trial was welcome, both the SCTS and the COPFS needed to be aware of the “additional burden” the move would place on “an already overstretched criminal bar.”
He said: “It is often overlooked on these matters that it is the solicitor branch of the profession who prepare these cases and play an essential role at all stages up to and including the trial.
“Numbers of defence solicitors are at an all time low, and while recent measures by the government in increasing legal aid rates and providing incentives for trainee solicitors to take on this type of work will help, they will take time to make any practical difference.”
The veteran criminal defence solicitor added: “It may be the system as a whole will need to balance whether or not it is worth it to have an extra High Court sitting if three or four summary trials require to be adjourned to allow it to take place.”
A Scottish government spokesperson said: “The Scottish government is providing targeted investment and reform to ensure victims and witnesses experience a more efficient, trauma-informed justice system.
“We recognise the growing volume of serious cases and continue to invest in court capacity. We will invest £11.6 billion across the justice system in 2026/27 to 2028/29 as we continue to support frontline services, build safe communities, reduce crime and re-offending and support victims and witnesses.
"The Scottish government continues to support reforms across our justice services – responding to society’s changing needs, removing duplication and ensuring there are modern user-centred digital services which deliver best value for money and fully support all users of the justice system, including expanding digital evidence sharing capability and enabling police and expert witnesses to give their evidence remotely.”
Comments
Want to join the conversation? Please or to comment on this article.