Coronavirus Recovery and Reform (Scotland) Act 2022 - criminal justice measures: consultation

Background

Throughout the pandemic, justice agencies were required to respond at rapid pace and adapt their operational practices. These changes included the use of remote jury trials, fully virtual summary trials and virtual custody courts along with electronic citations. These technological solutions enabled the operation of a viable justice system which met the challenges of a pandemic whilst also providing the basis for how a more effective and efficient justice system could be delivered in the future.

Many of these measures were made possible due to the temporary provisions provided in the Coronavirus (Scotland) Act 2020, Coronavirus (Scotland)(No.2) Act 2020 and the Coronavirus (Recovery and Reform) (Scotland) Act 2022. This legislation underpinned changes to court processes and procedures during the pandemic and facilitated a move to a more digitalised justice sector.

The temporary justice measures being consulted on conform in particular to the digital principle "inclusive, ethical and user focussed" from the Scottish Government's March 2021 Digital strategy: "A changing nation: how Scotland will thrive in a digital world". These provisions enabled a progressive response to the justice system and the continuation of these measures in primary legislation would ensure the future resilience of the sector, ensuring the system can deliver efficient and effective justice services in the future.

The measures would also enable flexibility, appropriate choice and a person-centred approach in the way processes are managed for those who use the system, including victims, witnesses and the accused and maximise the use of technology where appropriate in our procedures and practices.