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PE1876_R Scottish Courts and Tribunals Service submission of 2 November 2021

Thank you for the email of 7 October 2021 seeking the views of the Scottish Courts and Tribunals Service (“the SCTS”) on the actions called for in the above petition.

The response is submitted by the SCTS acting in its role to provide efficient and effective administration to the courts and tribunals in Scotland and does not include the views of the Judiciary. In carrying out this role the SCTS must:

• Take account of, in particular, the needs of members of the public and those involved in proceedings in the Scottish courts and tribunals, and
• So far as practicable and appropriate, co-operate and co-ordinate activity with any other person having functions in relation to the administration of justice.

The SCTS uses a live operational case management system (COPII) for the processing of court business. The information held on the system is structured for these operational needs, rather than for statistical reporting or research purposes.

In criminal proceedings the SCTS receives information on the sex of an accused from a data file sent electronically by the Crown Office and Procurator Fiscal Service (with information which originates from Police Scotland). The information is then held within the background information on the COPII system. The available sex field options on COPII are male, female or unknown.

The sex of a person being prosecuted for an alleged offence is not displayed on any court paperwork and so it would not be immediately obvious to a clerk of court if there was an inaccuracy in the recorded data. In the sheriff court, it is practice when a case is called in court to confirm the name of the person appearing in the dock. The sex of a person would not typically be verified by court staff in this way. There are occasions where a person’s address or date of birth is confirmed by the clerk of court. These details are produced on court papers and are verified to ensure the accuracy of court issued documentation for example any bail orders or extract warrants of imprisonment/detention.

The SCTS is willing to work with justice partners to help improve the accuracy of recorded data. Should IT changes be deemed necessary to facilitate this, we would anticipate there would be associated costs for the SCTS and other justice partners.

In terms of our operational processes, given that information relating to sex is not displayed on court papers, nor confirmed by the clerk in court, it is difficult, at present, to envisage circumstances in which a member of court staff would amend or update records in relation to the sex of an individual.