Longer time limits for court cases should not be the new normal, say MSPs

Extended time limits for court cases introduced in the wake of coronavirus should not “become the new normal”, a committee of MSPs has warned Scottish Government ministers.

MSPs on the Scottish Parliament’s Criminal Justice Committee said they were “very concerned” at the prospect that legal powers to enable longer waits for trials could be in place until 2025.

If the extended time limits were to remain in place until then, there would need to be “detailed scrutiny with sufficient time for the committee to take evidence”, they said.

The MSPs spoke out after temporary changes to the length of time the courts have to bring an accused person to trial were introduced in the wake of the coronavirus pandemic.

With Scotland’s courts dealing with a backlog of cases which will take years to clear, ministers have brought forward legislation allowing these extended time limits to apply until November 2023.

The Scottish Government would then have the power to continue with them to November 2025, by bringing forward regulations.

After scrutinising measures in the Coronavirus (Recovery and Reform) Bill, MSPs on the committee said they were “very concerned at the prospect of these powers being available until 2025”.

In a report on the Bill, the committee said: “The impact on complainers, witnesses, victims and the accused will be acute.

“The committee would not want these extended time limits to become the new normal.

“The committee seeks reassurance that the use of extended time limits would be monitored and used proportionally.”

Convener Audrey Nicoll said: “The justice sector was greatly impacted by the pandemic, and supporting its recovery is a priority for our committee.

“Many of these changes, including the extension on trial time limits, are unwelcome but necessary.

“We absolutely understand the need to legislate for them, though we all want to see delays and backlogs cleared as soon as possible.”

The Scottish Courts and Tribunals Service (SCTS) warned in December 2021 that it would be “potentially 2026 before we get the backlog that’s been created back under control”.

The committee also used its report to call for a “limited” pilot of virtual trials to be expanded, so more evidence can be obtained about the effectiveness of holding such legal proceedings in an online setting.

The report stated: “There are clearly some in the justice sector who see the advantages of either fully virtual hearings or having some elements of them virtual.

“However, the committee heard other far more sceptical views, including fundamental concerns about how they impact on the solemnity of justice and other practical concerns such as digital exclusion.

“More needs to be done by the Scottish Government and the SCTS to acknowledge these legitimate concerns and to attempt to bring all the participants in the justice sector on board.”

The MSPs continued: “The committee is of the view that more virtual trials need to take place in the criminal courts before a properly informed view can be taken as to whether there is merit in these arrangements being made permanent.

“In particular, the committee is concerned that only a limited number of virtual summary trials have gone ahead.

“In effect, there needs to be an expansion of the pilot so more evidence can be gathered as to the effectiveness of virtual summary trials.”