Constance backs reduction in floating trials

Speaking before Holyrood’s Criminal Justice Committee, Ms Constance said, however, that banning floating trial dates entirely could actually increase delays in courts.

Floating trials are those in which a case is scheduled to start at any point over a given period of days.

SNP MSP Rona Mackay said that the committee had heard from women’s groups and the absence of an exact date could “prolong the trauma and prolong the anxiety” for victims.

She pointed out that there is “nothing” in the Victims, Witnesses and Justice Reform (Scotland) Bill to deal with floating trials.

Ms Constance said: “The government’s position is we are supportive in reducing the use of floating trials. We have not brought forward any measures to ban the use of floating trials because we are still tackling a court backlog.”

The backlog of cases that accrued during the pandemic has been reduced by a third and “the concern is that to remove floating trials at this time could increase delays further and that would induce further distress”.