Eilidh Wiseman: SCTS proposals could radically reform Scotland’s summary courts

Following publication of a paper by the Scottish Courts and Tribunals Service (SCTS) entitled A New Model for Summary Criminal Court Procedure, Eilidh Wiseman, president of the Law Society of Scotland, welcomed the proposals, saying they could “change the face of summary court practice if implemented”.

“Greater use of technology could bring substantial improvement to our courts. However, if we are to adopt more technology-driven processes, they will need to be properly resourced. We also need to be aware that not everyone has access to the internet and it will be essential that accused people, particularly those who are vulnerable, fully understand any new system to ensure their rights are upheld,” she added.

But the model also raises “challenging and practical issues” for defence solicitors as they would be more involved in pre-trial management of criminal cases.

Ms Wiseman said: “Such a model raises some challenging and practical issues for defence solicitors in making sure they continue to meet their professional obligations of working in the best interests of their client, and would also have implications for legal aid – which has been recognised in the paper.”

She added: “Moving towards a digital future for summary justice is the clear direction of travel, and the review paper provides an important opportunity to look at how we can we work towards improving our criminal justice system.

“We will be engaging in the SCTS’s series of public consultation events this spring, to explore in depth the changes that would be necessary and the challenges to be overcome in delivering this new model, and we encourage our members to do likewise.”