Overview
The Lord Justice General, Lord Carloway, issued a Practice Note today with the aim of reducing the current backlog of summary cases, while ensuring that physical distancing requirements can be met in the sheriff courts.
Why it matters
Under current practice, a large volume of summary sheriff court cases resolve on the day the trial is scheduled by an agreed guilty plea. Also, some cases will call in court when they are not ready to proceed. This means witnesses and complainers attend court unnecessarily, and a slot in the court programme is taken up which prevents another case from proceeding to trial.
The Big Picture
The Practice Note has now been published, and sets out that new early,meetings between the prosecution and the defence outside the courtroom, will be held before a trial date is confirmed. These meetings will observe physical distancing requirements and will be known as pre-intermediate diet meetings (PIDM).
The meetings have been designed to help to ensure that only cases that cannot be resolved by agreement, and which are ready for trial, will advance to the trial date. Operating in this way may help to reduce unnecessary court attendance.
Such meetings have been launched in South Strathclyde, Dumfries and Galloway (Ayr, Airdrie, Dumfries, Hamilton, Lanark, Stranraer), which has led to most cases resolving early and allowing significantly more cases to proceed to trial. To date, approximately 400 cases have resolved in meetings across the area.
The Inside Track
Lord Carloway said:
“In light of the backlog of cases which has built up as a result of COVID-19 restrictions, it is vital to the efficient operation of the courts that valuable trial diets are not lost by last minute adjournments or late guilty pleas. Not only will early engagement improve the efficiency of the courts, it will also prevent witnesses and complainers from attending trials unnecessarily. Minimising physical contact with others in sheriff courts will reduce the risk of spreading Coronavirus.
“The Practice Note was drafted following consultation with the Law Society of Scotland and the Crown Office and Procurator Fiscal Service. They are to be thanked for their valuable contributions. Such collaborative work is helping to ensure that justice is delivered in Scotland as efficiently as possible within a safe environment. The progress that is being made, to adapt to the challenging circumstances which we currently face, will serve our justice system well into the future.”
The Lord Advocate, James Wolffe QC, said:
“Since the coronavirus pandemic began, the COPFS has been working closely with criminal justice partners to respond to the challenges the sector has faced and this Practice Note forms part of that work.
“It is now more important than ever that cases progress efficiently and timeously through the justice system. This Practice Note will underpin good communication between prosecutors and defence lawyers, with a view to promoting that objective.
“COPFS is committed to continuing to work with sheriffs principal and the wider legal profession to make improvements that will not only benefit the justice system now, as it recovers from the effects of the pandemic, but in the years to come as well.”
Convener of the Criminal Law Committee of the Law Society of Scotland, Debbie Wilson, said:
“The introduction of Pre-Intermediate Diet Meetings brings with it a new way of working for solicitors working for both the Crown and the defence. As with any new process, its success largely depends on clear communication with those who have to follow it. I encourage all of our members working in Scottish criminal courts to familiarise themselves with the Practice Note and supporting information about this new way of working before it comes into effect.”
What comes next…
The Lord Justice General’s Practice Note comes into full effect on 1 December.
To support the introduction of the new Practice Note, 2 webinar Q&A sessions have been set up for practitioners on Monday 23 November and Thursday 26 November. Practitioner registration details, as well as an opportunity to view an introductory video about the PN, are available through the Law Society of Scotland.
We are seeking comment from practitioners on the new guidance for a podcast, if you would like to contribute, please get in touch hey@heylegal.co.uk