Coronavirus (COVID-19): Justice Analytical Services data report - November 2021

Scottish Courts & Tribunal Service (SCTS)

See COP26 note

Criminal Registered & Scheduled Trials

Since the initial lockdown in March 2020, there have been 133,856 criminal registrations in the courts. 612 of these registrations have been COVID-19 related (0.5%).

In November 2021, all types of court registration except Sheriff Solemn indictments remained lower than 2019-20 averages. Sheriff court indictments were 19% higher than pre-pandemic levels.

At the end of November 2021 there were 43,597 trials outstanding. This compares to 18,355 at the end of 2019-20. In addition, SCTS have forecast that there are another 1,563 cases in the system, mostly solemn, which are likely to come to trial but have not yet had a trial date set (see SCTS published monthly criminal statistics for more detail).

Criminal Disposals

In November 2021 there were 5,845 disposals (excluding secondary disposals and the 'other' disposal category) from Scotland's courts. This is 80% of the 19-20 monthly average of 7,276 and higher than October 2021 (5,495 disposals).

Between April 2020 and November 2021 there were 52,873 (36%) fewer disposals from courts than would have been expected based on 19-20 average figures. Over this time period, there have been 33% fewer custodial sentences and 39% fewer community disposals imposed by the courts than might have been expected.

* based on 19-20 monthly average disposals

Disposals from court at any point in time are related both to the volume of business coming into courts and the length of time it takes that business to proceed through the court system. Therefore, changes in crime levels or the ability of courts to function in the usual way may have associated impacts on disposals.

Further Information: Latest SCTS published official statistics

Sheriff Court Civil Case Volumes

Initiations and disposals

Initiations in the Sheriff Civil Courts remain lower than the 2019-20 typical levels, while disposals have almost returned to 2019-20 levels (see dotted lines). In November there was an increase in disposals, but initiations saw a small decrease from the previous month.

Sheriff Court cases by procedure

Initiated case numbers for ordinary cause and simple procedure are returning to 2019-20 monthly average levels, with month to month variation. Ordinary cause numbers in November nearly matched 2019-20 average levels. There was a decrease in simple procedure cases in November. Summary cause is much lower than 2019-20 levels, and the number of cases is comparable to the past two months. Small claims have largely been replaced by simple procedure.

Likewise, disposed cases for ordinary cause and simple procedure are returning to 2019-20 levels. Simple procedure disposals in November were lower than the 2019-20 average levels while ordinary cause nearly matched 2019-20 levels. Summary cause disposals are returning to 2019-20 monthly average levels, with fluctuations observed from month to month since July.

Summary cause figures are heavily influenced by the emergency legislation which protected tenants during the pandemic, brought into force in April 2020 as part of Coronavirus (Scotland) Act 2020. The provisions of the Act expired on 30 March 2021.

1. Figures exclude summary applications.

2. Figures for initiations and disposals do not necessarily refer to the same cases.

3. Excludes Sheriff Personal Injury Court.

Focus on case types

• The case types presented below show gradual return to 2019-20 levels of initiation, with some month to month variation. Family and Children's Referrals cases in November were higher than the 2019-20 average levels, while the other case types shown are lower.
• Family and Children's Referrals disposals in November were higher than the 2019-20 average levels, while Debts are closer to 2019-20 average, at 93%. Personal Injury disposals are lower.

Further Information:

Latest published Civil Justice Statistics