§ Mr. GallieTo ask the Secretary of State for Scotland what targets have been set for completing office business in the sheriff courts and supreme courts; and what performance was secured in 1991–92.
§ Mr. LangThe targets set for completion of office business in the sheriff courts in 1991–92 are as follows. These targets remain in force for 1992–93. The percentage figures following each target indicate the proportion of sheriff courts achieving the target figures or better in the course of the year. More detailed information on the performance of individual court offices will be made available to local court advisory committees. Similar targets are in force in the supreme courts and all of these were achieved in 1991–92.
Targets for sheriff clerk offices and performance 1991–92
- To issue the first deliverance in all ordinary writs, or return to sender, within two working days of receipt. 97 per cent.
- To issue the first deliverance in all summary cause actions (including small claims), or return to sender, within three
708 working days of receipt. 97 per cent. - To draft, in preparation for signature, all final ordinary decrees in absence (excluding divorce) within one working day of receipt of the minute craving decree. 91 per cent.
- To draft, within seven days of receipt of the affidavits, in preparation for signature, all final decrees in undefended ordinary actions of divorce or return the affidavits to the sender. 91 per cent.
- To draft, in preparation for signature, all decrees in actions of divorce under the simplified procedure within one working day of expiry of the period of notice. 98 per cent.
- To issue extract decrees in all ordinary actions (excluding divorce) within three working days of the date of ordering or the expiry of the days of appeal—whichever is the later. 80 per cent.
- To issue all summary cause/small claim extract decrees within one working day of the due date. 96 per cent.
- To issue extract decrees in all ordinary actions of divorce within one working day of the due date. 86 per cent.
- To issue extract decrees of divorce under the simplified procedure within one working day of the due date. 89 per cent.
- To issue the first deliverance in all petitions for sequestration/liquidation, or return to sender, within two working days of receipt. 91 per cent.
- To prepare for signature the first deliverance in all adoption petitions within one working day of a correct petition being received. 89 per cent.
- To scrutinise and accept or reject commissary petitions and inventories within two working days of receipt. 96 per cent.
- To issue confirmation within three working days of acceptance of inventory. 91 per cent.
- To conduct small estate interviews within seven days from the time an interview is requested. 98 per cent.
- To process juror claims for payment, or return to sender, within two working days of receipt. 97 per cent.
- To process postal fines (other than unidentified payments) on day of receipt. 99 per cent.
- To issue warning letters, means inquiry citations, warrants, extracts, etc, and transfer fines within seven days of the trawl. 93 per cent.
- To remit all non-Exchequer receipts to entitled parties within 14 days from the end of the last accountancy period.94 per cent.
- To effect a card reconciliation of all outstanding financial penalties on a monthly basis. 88 per cent.
- To reply to letter pleas within one working day of the court. 98 per cent.
- To order social inquiry and other reports within one working day of the court. 98 per cent.
- To complete probation, community service, compensation and fines supervision orders within two working days of the court. 98 per cent.
- To issue juror citations in the first instance at least 21 days prior to a jury sitting/trial. 96 per cent.
- To reply to all letter inquiries except those which require extensive investigation within two working days of receipt. 92 per cent.
§ Mr. GallieTo ask the Secretary of State for Scotland what objectives for reducing court waiting periods have been established; what targets have been set for 1992–93 in respect of court waiting periods for the supreme and sheriff courts; and if he will give details of the performance of the supreme courts and each of the sheriff courts in 1991–92.
§ Mr. LangThe programming of court business is a matter for the judiciary. Acting in co-operation with the judiciary in the supreme and sheriff courts, the Government seek to provide the resources which will allow speedy access to justice. Having regard to the time required by parties to have their cases properly prepared, the following objectives have been adopted
The Lord President of the Court of Session has accepted the recommendations of a committee chaired by Lord Maxwell relating to the reduction of waiting periods in the Supreme Courts: the target is to reduce waiting periods to the recommended levels and, subject to any acceleration in the 709W rate of increase in court work, maintain waiting periods at that level: for certain categories of hearing, additional targets involving much reduced waiting periods, have been set;Sheriffs Principal have agreed to overall targets of reducing waiting periods for summary criminal trials in the Sheriff Courts to 12 weeks or less by the end of 1992–93 and to hold them at that level thereafter: and to maintain waiting periods at 12 weeks or less for civil cases in the Sheriff Courts.The main targets for waiting periods for 1992–93 are as follows. "Waiting period" is the period between a trial or proof being requested or an appeal being received and the date assigned expressed in weeks. The same targets applied in 1991–92 and national performance for that year is noted in the second column.
Target 1991–92 performance Criminal Appeal Business Summary prosecutions: Notes of Appeal against Sentence and Stated cases (accused in custody) 4 4 Court of Session (a) Ordinary proofs 24 28 (b) Defended Consistorial proofs 17 17 Sheriff Courts (national average) (a) Civil proofs/debates 12 11.8 (b) Summary Criminal Trials 12 14.5 In 1991–92 waiting periods of 12 weeks or less were achieved for civil debates/proofs in 90 per cent. of sheriff courts.
Waiting periods of 12 weeks or less were achieved for summary criminal business in 78 per cent. of sheriff courts.
Performance of individual sheriff courts at 31 March 1992 is set out in the table.
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Court Civil proofs Summary criminal trials Hamilton 14 22 Edinburgh 14 17 Perth 14 17 Linlithgow 14 15 Elgin 13 11 Stirling 12 10 Aberdeen 12 12 Dumbarton 12 13 Dingwall 12 12 Glasgow 12 13 Ayr 12 15 Dumfries 12 9 Stornoway 12 14 Kirkcaldy 12 13 Dunoon 12 12 Portree 12 8 Rothesay 12 12 Fort William 12 12 Falkirk 11 18 Inverness 11 11 Kirkcudbright 11 12 Campbeltown 10 6 Kilmarnock 10 14 Airdrie 10 14 Paisley 10 9 Cupar 10 11 Alloa 10 6 Wick 10 14 Lanark 10 10 Oban 10 12 Greenock 10 11 Stonehaven 10 10 Dornoch 9 11 Kirkwall 9 9 Forfar 9 7
Court Civil proofs Summary criminal trials Selkirk 9 11 Stranraer 9 12 Dundee 9 8 Haddington 8 14 Jedburgh 8 8 Peebles 8 12 Banff 8 10 Duns 8 8 Lerwick 8 8 Peterhead 8 12 Tain 8 11 Dunfermline 7 7 Arbroath 7 11 Lochmaddy 4 8 In addition, the sheriffs principal have agreed that sheriff court programmes should he designed to ensure that the number of trials adjourned due to lack of court time should not exceed 5 per cent. of the total number set down, a target met in 86 per cent. of sheriff courts in the first three months of this year.