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

Chapter 1 - Conduct of business by electronic means in criminal cases: Documents

Legislative reference: Part 1, Chapter 1 of the Schedule of the Coronavirus (Recovery and Reform) (Scotland) Act 2022

We propose that the current temporary provisions enabling electronic signing and sending of documents in criminal courts should be made permanent.

The use of digital transmission of documents and the use of electronic signatures have enabled court services to operate more efficiently, make best use of resources and to contribute to a more streamlined, modern and sustainable justice system.

These temporary provisions have been in force since 2020. They are heavily used and there is widespread support for making them permanent. Partners report that they have created significant efficiencies, and that expiring them would undermine progress towards a more modern justice system. Current uses of the provisions include all High Court indictments being received electronically and search warrants being granted remotely.

The 2022 Act introduced permanent provisions enabling electronic document submission for other public services, e.g., for the registration of births and deaths, and applications to the Land Registry.

Making these provisions permanent in the criminal justice sector through the proposed Bill would be consistent with the modernisation already undertaken in other spheres.

It is therefore proposed that the current temporary provisions around electronic signing and sending of documents in criminal courts should be continued and made permanent through provisions which provide:

• that documents which would normally have to be signed in ink can instead be signed electronically.
• that documents which would normally have to be physically delivered can instead be transmitted electronically (for example by email).
• that documents which would normally have to be sent to a party in a case can instead be sent to the person's solicitor.
• that the head of the Scottish criminal courts (the Lord Justice General) can direct that there should be exceptions to the rules described above so that in some instances, physical documents and signatures or sending to the person themselves, should instead be used.

Question 1

It is proposed that the provisions for Chapter 1 (Conduct of business by electronic means in criminal cases: documents) will be made permanent. Which of the following best describes your view?

I think the provisions for Chapter 1 should be made permanent.

I think the provisions for Chapter 1 should be made permanent, with exceptions (please outline exceptions below).

I do not think the provisions for Chapter 1 should be made permanent.

Unsure.

I have no view.

If you have any comments on the proposal for permanency of these provisions, please provide them below.