Simplifying the Transition: Scotlands New Regulations on Court Case Time Limits

In a bid to ease the transition back to pre-pandemic norms, the Scottish Government has introduced the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Saving Provisions) Regulations 2025. These new regulations aim to manage the shift from extended criminal procedure time limits back to their original durations, which were temporarily lengthened during the COVID-19 pandemic to help clear the backlog of court cases.

What's Changing?

During the pandemic, certain time limits for criminal cases in Scotland were extended. For instance, the time allowed for a trial to commence when an accused person was held in custody increased from 140 days to 320 days. Similarly, the time limits for starting a preliminary hearing or trial after a person first appeared in court were extended from 11 and 12 months to 17 and 18 months, respectively.

These changes are set to expire on November 30, 2025. However, to prevent a sudden shift that could overwhelm the justice system, the new regulations ensure that cases already in progress before this date will still benefit from the extended time limits.

Why Does This Matter?

The goal is to prevent a bottleneck where numerous cases might simultaneously reach their time limits right after November 30, 2025. By allowing ongoing cases to continue under the extended limits, the transition back to pre-pandemic norms is expected to be smoother and more manageable for all parties involved.

Compatibility and Considerations

The regulations have been reviewed for compatibility with the United Nations Convention on the Rights of the Child, ensuring they align with international standards. Additionally, while these regulations are not directly relevant to the Scottish Government’s EU alignment policies, they have undergone various impact assessments to address equalities, children’s rights, and community concerns.

Financial Implications

A thorough Business and Regulatory Impact Assessment was conducted alongside the 2022 Act, confirming that these regulations are financially viable and aligned with the broader legislative framework.

In summary, these new provisions are designed to facilitate a seamless transition back to the original time limits for criminal procedures, ensuring Scotland's justice system remains efficient and effective in the post-pandemic landscape.