Commercial properties could house temporary courts as part of 'radical' measures to clear cases backlog

Temporary courts could be set up in commercial premises as part of a series of “very radical” solutions to address the growing backlog of cases in the wake of the Covid-19 lockdown, Scotland’s justice secretary has said.

There are 717 cases awaiting trial in the High Courts as part of the backlog.

Humza Yousaf said a series of “innovative” and “out the box” approaches were being considered to hear those cases awaiting trial, a number which is close to 2,300 and is increasing by the day. Among 717 cases awaiting High Court trials, 49 are homicides, 465 are serious sexual offence cases, and 182 are major crime.

Victim support organisations are among those to express concern about the impact of the backlog on those who have suffered crime, and there are fears as many as 3,000 cases could be awaiting trial by next spring, as social distancing restrictions continue to limit the work of the justice system.

As part of restart plans being steered by the Scottish Courts and Tribunals Service (SCTS), a very small number of High Court jury trials will resume in Edinburgh and Glasgow come July, with the focus on those cases which involve a small number of witnesses.

But Mr Yousaf has told MSPs that bold new measures were being considered to allow cases to be heard.

Asked by Liam Kerr, the Scottish Conservative MSP, what plans there were to increase court capacity, Mr Yousaf said that the existing system, with physical distancing in place, would “only take us so far.”

He explained: “We need to go further. There is simply no doubt about that if we want to make inroads into that backlog, so I can confirm that very radical and innovative solutions are being explored.

“For example, looking at commercial premises - can we set up temporary courts to deal with the backlog? [These are] really out the box, radical, innovative ways of thinking that are being explored, and it’s right that those decisions are being taken by the SCTS.”

Mr Kerr’s colleague, Gordon Lindhurst, asked what timeline was in place to clear a backlog of cases which had been growing for several months.

Mr Yousaf said that while a working group was in place, there were “no easy answers” to the issue.

“If there was a magic wand, a click of the fingers, a silver bullet that could be applied to this issue to deal with the backlog, not only would we have found it - England and Wales would have found it, and every other common law jurisdiction such as Australia, New Zealand and Canada would have found it,” he replied.

“They have not. Everybody is working through this issue. Everybody understands that despite our best efforts, there will be a backlog that will have to be worked through.

“There is no easy way of me saying this, but there is a backlog that will be very difficult for the accused, it will be difficult for the witnesses, it will be difficult for the victims of crime.

Mr Yousaf said that other “radical, bold solutions” being looked at included asking retired sheriffs and judges to return to the bench.

Questioned by Scottish Labour’s James Kelly over what provisions were in place for the testing of potential jurors, Mr Yousaf said Lady Dorrian, the Lord Justice Clerk, and the SCTS were receiving advice from Public Health Scotland, and that the issue of testing was being “actively explored.”

“We have the capacity there,” he added. “What I would say is that testing asymptomatic individuals only gives you a certain assurance at that point in time.

“We know that jury trials could last if not for over a week, then at least certainly a number of days.”

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