Written Question · S1W-28835 · Session 1
Whether there is any backlog in the processing of appeals in respect of a (a) charge and (b) conviction for (i) serious assault, (ii) rape,…
The question
To ask the Scottish Executive whether there is any backlog in the processing of appeals in respect of a (a) charge and (b) conviction for (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder, and, if so, what this backlog is; what the average length of time is for an appeal to be considered in the High Court, and what plans it has to increase the number of judges to address the processing of appeals.
The answer
Information is not readily available in the form requested. However, I understand that 120 appeals against conviction under solemn procedure from both the High Court and Sheriff Court covering a wide range of seriousness await a hearing before the Court of Criminal Appeal. As at 30 June 2002 the average waiting period for this category of appeal was 32 term weeks.The programming of business before the Court of Criminal Appeal is a matter for the Lord Justice General. He has recently introduced a number of measures to improve the management of appeals. These are set out in the Act of Adjournal (Criminal Appeals) 2002 (SSI 2002/387), made on 23 August 2002.Among the reforms is the introduction of a procedural hearing in appeals against conviction or conviction and sentence. This hearing will take place before a single judge who will consider the state of preparation of the appeal. Cases which are ready to proceed will then be allocated to an Appeal Court hearing. It is anticipated that these hearings will improve the rate at which cases proceed through the appeals procedure. Procedural hearings will be fixed for all new solemn appeals progressively over the next few months. The first diet of hearings will take place this September, with cases that are ready to proceed to a full hearing coming before the Appeal Court before the end of the year. There are no plans to increase the overall number of judges at the present time.
In the Official Report
No contribution in the Official Report cites S1W-28835 by reference.