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Modernisation of summary criminal justice proposals published

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Eric McQueen

Changes to summary criminal court procedure including running pre-trial procedures as part of a digital case management process have been suggested by justice experts.

The Scottsh Courts and Tribunals Service (SCTS) has today published the latest proposals for a new model of summary justice.

The Proposals contained in the earlier SCTS report: A New Model for Summary Criminal Court Procedure, were discussed and tested in the roadshows attended by defence agents, voluntary organisations, the judiciary, COPFS and court staff, other justice organisations and members of the public.

The core proposals in the model are

  • Pre-trial procedures should take place as part of a digital case management process. Court hearings are only held to address unresolved issues with strong judicial case oversight to focus the trial on those areas of dispute.

  • There is no automatic setting of an intermediate diet and trial diet on a not guilty plea and witnesses are cited only where a trial diet is ready and likely to proceed.

  • Where a witness is cited, a digital update system keeps the witness informed and minimises inconvenience where possible

  • In appropriate cases where guilty pleas are tendered, sentencing could be conducted digitally without the need for the appearance of the accused in court.

    • Eric McQueen, chief executive, SCTS (pictured) said: “The proposals put forward in our earlier report were radical in promoting wider use of digital technology, supported by strong case management and clear timescales.

    “Through the public roadshows there has been good debate and a wide range of views expressed which set out the opportunities and challenges. These are captured in the report published today – ‘Follow Up Report to the New Model for Summary Criminal Court Procedure’.

    “Taking all of those views into account, the cross - justice working group who developed the proposals, is of the opinion that with appropriate amendment of the original proposals, there is scope to develop the model for potential legislation and implementation.

    “This will include further consideration of the financial as well as procedural implications of moving towards a more digitally enabled system. On behalf of the Justice Board, SCTS will be seeking the support of Scottish government to consider wider public consultation to help shape future legislation change.”

    Read the new report here

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