Aberdeen Sheriff Court could host trials at night in a bid to catch up with the backlog of cases caused by coronavirus restrictions.
Courts across the country all but ground to a halt when the pandemic hit Scotland, with most cases continued administratively and trials postponed.
The virus-enforced shutdown has created a huge backlog of cases, and courts are now trying to find ways to catch up.
Aberdeen Sheriff Court will be open on Monday for custody cases, when it would normally have been closed for the public holiday – and plans to run on future holidays to limit the length of time people are held in custody before appearing in court.
And night-time trials and even weekend courts could also be on the cards – drawing a mixed reaction from Aberdeen solicitors.
The Scottish Courts and Tribunals Service confirmed it was assessing a range of options to tackle the backlog, and that evening and Saturday courts could be considered at a later stage.
No decision have been made yet, however.
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A spokesman said: “Our overarching aim is that arrested people should not have to wait more than three days before being brought before a sheriff.
“We are working with Sheriffs Principal on how to best achieve this, which for the majority of the 15 hub custody courts across Scotland will see custody cases being dealt with five days a week.
“With all our courts now open, custody trials remain a priority and non-custody trial courts are restarting to allow the acceleration of cases administratively adjourned during lockdown.
“We are currently assessing the longer term Covid-19 implications and the impact of physical distancing requirements in court buildings.
“Saturday or evening courts may be considered at a later stage and no decisions have been taken.”
Solicitor Mike Monro, of Mackie and Dewar, said: “What we’ve heard is just the usual rumour and counter rumour. As defence agents we’re not told anything until it happens, for example getting just days warning that we’re now going to be working on local holiday Mondays.
“There was no discussion about that, that was just told to us by a senior member of staff on Monday or Tuesday of this week that no longer will we enjoy the public holidays.
“Night time trials, I can understand some of the thinking behind it, but I’d like to know first of all, if I’m here as a solicitor doing court work during the day, do I then come back at 6pm at night to start a trial having done a full day’s work?
“The next thing is the chance of getting an accused person to come from wherever they might be for an evening slot in the courts, next trying to get witnesses who may be in full-time employment, having done their full day’s work then coming to court to give evidence. I don’t think they’ll be happy about that.
“Also the employees here, the sheriff clerk deputes. Are they just going to be night shift workers? Are they going to have day shift workers and night shift workers?
“Sheriffs, are they going to be doing a day’s work and then come in at night to do trials, or are they just going to do the evening trials?
“There’s also the security staff, and everything else. Has it been thought out? Has the cost involved been thought out?
“It is just those who do not work in the day-to-day running of the sheriff court apparently making decisions without proper discussion.”
Iain McGregor, of Burn and McGregor, was more positive about the potential move.
He said: “It probably is a viable option to clear the backlog, but as long as it was a temporary measure.
“I don’t know how it would operate because you’d have court staff who’d basically have to work shifts, and sheriffs who would have to work shifts and obviously ourselves.
“We would have trials and other business during the day but expected to be here at I don’t know what time the court would sit until, presumably 9pm or something like that, which would be probably too long a day.
“I think it’s reasonable. Obviously there’s a huge backlog at the moment and something has to be done to clear that and that’s one way.
“I think they’re talking about weekend courts as well.”
Regarding custody courts running on public holidays, Mr McGregor said: “It seems to be a human rights point which has only raised its head since this whole situation.
“This is the first Monday bank holiday, certainly in my time, that there’s been an additional custody court.”
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