By Chris Green
Court officials in Scotland are examining whether emerging technology such as artificial intelligence could be used to help cut the cost of producing transcripts of proceedings.
The move is part of a pilot scheme launched in March last year, which has been giving victims of rape and serious sexual assault cases access to free court transcripts.
Under normal circumstances, members of the public who would like copies of the documents can be charged thousands of pounds, which is often prohibitively expensive.
The pilot was only due to last for one year, but it has now been extended for another year to allow officials to get through a backlog of applications and decide what to do next.
In a letter to Holyrood’s criminal justice committee, Justice Secretary Angela Constance said 87 applications for free court transcripts had been received since March last year.
Complainers can apply for free transcripts if their case was heard at the High Court from 2007 onwards, the year that digital recording of trials began.
It applies to all sexual assault trials, no matter what verdict was returned, and has the aim of improving the experience of victims and making the system more transparent.
Victims’ organisations told 1919 that having a transcript of proceedings could give complainers “closure” and help them move on with their lives, particularly if they did not want to sit through their trial and potentially face the person they were accusing in court.
In her letter to the justice committee, Constance said the second year of the pilot would cost £150,000, taking the total cost over two years to £300,000.
She said the extension would give court officials “the potential opportunity to develop and test emerging technology that may assist in producing transcripts, and a better understanding of the most efficient and effective operation of servicing applications”.
She added that, following the conclusion of the pilot, the results would be evaluated and “potential legislative changes” considered to change the system nationally.
A spokesperson for the Scottish Courts and Tribunals Service told 1919 it was “committed to improving access to justice, reducing delays and costs within the justice system wherever possible, and leveraging technology to enhance our services”.
They added: “We welcome the extension of the pilot providing free transcripts for complainers in High Court sexual offence cases.
“This initiative will also allow us to review emerging technologies such as AI, which may have the potential to support the transcription process, enhancing the experience for those involved.
“We remain committed to exploring innovation to improve efficiency and accessibility while ensuring legislative compliance, accuracy, and data security.”
Sandy Brindley, chief executive of Rape Crisis Scotland, told 1919 that the extension of the pilot was “good news for survivors of sexual crime”.
“Many survivors have told us how important seeing the transcript of their trial is to them. Often, survivors are not able to watch the rest of the trial after giving their evidence, as it would mean sitting in the court room with the accused,” she added.
“They are left with very little information about what happened during the trial, or any way of understanding the verdict, particularly where it is an acquittal. Access to transcripts can make a big difference in helping survivors understand what has happened.
“The use of emerging technology could help this initiative move from a pilot to something which is offered more broadly. For example, due to resource limitations it’s only available for High Court trials.
“We’ve spoken to survivors whose cases were heard in the Sheriff Court, who are desperate to see the transcript of their trial but simply can’t afford to pay thousands of pounds to access it.”
Kate Wallace, chief executive of Victim Support Scotland (VSS), said it was “supportive of any measures that reduce trauma, anxiety and stress for victims of crime”, describing access to free court transcripts as “a great example of this in action”.
“Having access to these transcripts, without the restrictive cost barrier, can be of huge value to survivors of sexual offences who are seeking closure,” she added.
“They might not have had the chance to fully absorb what was said in court during a hugely traumatic time, so it’s incredibly helpful to have access to these documents.
“We are really supportive of using technology to enhance victims’ experience of the justice system – like VSS’s remote court evidence suites, which reduce stress and re-traumatisation for victims – and will be interested to see how the next year of the pilot progresses.”