Coronavirus in Scotland: Closure of courts a 'body blow to crime victims'

Scotland’s most senior judge has announced a series of measures to combat the spread of Covid in the country's courts, prompting concerns from MSPs that victims of crime were being forgotten.

Lord Carloway has said only the most serious trials, including allegations of sexual offences and claims of domestic abuse, will now be heard, reducing the overall number of criminal trials taking place during lockdown by up to 75 per cent.

However, Scottish Conservative shadow justice secretary Liam Kerr said the decision would come as “a body blow to crime victims and witnesses”.

He said: “No-one disputes that public safety is paramount and these latest delays are due to the new strain of the virus, but that will do little to soften the blow for those affected and left in limbo.

Justice Secretary Humza Yousaf has welcomed the court changes.

“We already know there were thousands of delayed court cases before the first pandemic restrictions were introduced last March. The SNP have had ten months to deal with this and they must now work with lawyers, prosecutors, court staff and the judiciary to alleviate the impact of these postponements and find practical and safe ways to ease the logjam.

"It is also vital these postponed cases cannot be quietly abandoned. Doing so would be a betrayal of victims and risk undermining public faith in the justice system.”

His concerns were echoed by Scottish Liberal Democrat justice spokesperson Liam McArthur, who said: “When cases take years to go to court, memories falter and victims don't get the closure they need.

"People are spending long periods in prison awaiting trial. Ministers need to work with the courts service to ensure that a robust and properly funded recovery plan is in place to ensure that this backlog is tackled as soon as the public health situation allows.”

Court bosses held talks with health officials before announcing the new measures that will see other court business including the majority of civil cases held remotely. The measures will come into effect from Tuesday until February 28.

Justice Secretary Humza Yousaf said the decision to reduce the number of criminal trials “balances the interests of justice with the very serious public health challenges presented by the new variant of the coronavirus”.

“I am acutely aware of the impact that trial delays have upon victims, witnesses and the accused, as well as on professionals working in the justice system,” he said.

"Nonetheless, it is clear that all parts of society must step up our efforts to help safeguard health, protect the NHS and save lives.

“While the very concerning rates of infection, hospitalisation and deaths present us with arguably at least as challenging a position as we faced last March, today the justice system and, in particular, Scotland’s courts are logistically and operationally in a much better position than in the spring when a full shutdown of criminal trials was needed.”

A statement by the Scottish Courts and Tribunals Service said: “As a result of the increasing spread of the new variant of Covid-19 across Scotland, the Lord President has announced that during the lockdown period the criminal courts will focus on the most serious trials and the majority of summary trials in the Sheriff Court and Justice of the Peace Court will be adjourned.”

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