Publication - Progress report

Coronavirus (Recovery and Reform) (Scotland) Act 2022 - proposed extension of temporary justice provisions: statement of reasons

Published: 23 September 2024
From: Cabinet Secretary for Justice and Home Affairs, +3 more … Lord Advocate, Minister for Victims and Community Safety, Solicitor General
Directorate: Justice Directorate
Topic: Coronavirus (COVID-19) in Scotland, Law and order
ISBN: 9781836018063

This Statement of Reasons sets out why the Scottish Ministers are seeking to extend some of the temporary justice measures in the Coronavirus (Recovery and Reform) (Scotland) Act 2022 for one further year, until 30 November 2025. This is the last time the temporary measures can be extended.

Supporting documents

Footnotes

1 Section 52(4) and (6) of the 2022 Act.

2 The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Early Expiry of Provisions) Regulations 2024.

3 The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension of Temporary Justice Measures) Regulations 2024.

4 For proceedings in the Court of Session and ordinary cause proceedings, the provisions had already been expired on 3 July 2023.

5 In the Coronavirus (Scotland) Act 2020 (‘the First Scottish Act’) and the Coronavirus (Scotland) (No.2) Act 2020 (‘the Second Scottish Act’). To note, some of the measures were modified slightly when incorporated into the 2022 Act.

6 As required by section 52(7) of the 2022 Act.

7Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Attendance at Hearings) 2023.

8 Excludes relating to simple procedure claims.

9 DigiStrategy.FINAL.APR21.pdf (www.gov.scot)

10 guidance-for-court-users-proceedings-in-the-sheriff-courts.pdf (scotcourts.gov.uk)

11 guidance-for-court-users-child-welfare-hearings-in-the-sheriff-courts.pdf (scotcourts.gov.uk)

12 management-of-summary-cause-proceedings-housing-scotland-act-2001.pdf (scotcourts.gov.uk)

13 criminal-courts-determination-2022.pdf (scotcourts.gov.uk)

14 The Coronavirus (Extension and Expiry) (Scotland) Act 2021

15 Although note that there is longstanding provision for a court to direct that a detained person should take part in a hearing by live video link, under s.288H of the Criminal Procedure (Scotland) Act 1995.

16 Vision for Justice in Scotland: three year delivery plan - gov.scot (www.gov.scot)

17 The Digital Participation Charter Fund is back! - SCVO

18 SCTS Business Plan 2024-25

19 Extending Temporary Justice Measures Coronavirus (Scotland) Act 2022 - Children and Young People's Centre for Justice (cycj.org.uk)

20 Early and Effective Intervention - Framework of Core Elements (www.gov.scot)

21 Early help and early intervention | NSPCC Learning

22 COPFS Data from July 2024

23 European Convention on Human Rights - Article 5 | European Union Agency for Fundamental Rights (europa.eu)

24 See: Official Statistics | Scottish Courts (scotcourts.gov.uk) monthly figures.

25 SCTS Criminal Court Recovery Modelling, December 2023

26 SCTS Criminal Court Recovery Modelling, December 2023

27 See: Official Statistics | Scottish Courts (scotcourts.gov.uk) monthly figures.