Legal moves will be made this week to address fears that dangerous offenders locked up to await trial might have to be freed because strict court deadlines can’t be met in the current health crisis.
Informed sources have revealed there were concerns that the end of jury trials for the foreseeable future could see highly dangerous people on remand freed under the rule that their trial must begin inside 110 days.
Time limits can already be extended and often are when grounds are accepted by the courts.
Law enforcement chiefs now expect Scottish ministers to increase that power due to the difficulty in predicting when normality will return to the justice system after the Covid-19 outbreak.
One well-placed source said: “There has been some anxiety but also a growing awareness among all justice partners of the need to make things watertight.
“The Scottish Prison Service is holding a number of really heavy-duty, dangerous offenders involved in serious and organised crime, including people trafficking.
“Some of them are not UK nationals and there is little doubt that, given any opportunity, they would try to abscond.
“There seems little prospect of resuming jury trials any time soon, so we need any new legislation to close that door, while still protecting the rights of the accused to a fair trial within a decent time frame.”
There were also fears the virus might lead to the early release of prisoners to ease overcrowding. But it is understood this would only be considered as an absolute last resort.
The source said: “We have to consider the feelings of the victims of crimes. How will they feel if the punishment is reduced for public convenience?”
Scotland’s Justice Secretary Humza Yousaf said he would update Holyrood tomorrow on developments.
He added: “At a time of uncertainty and social isolation for many in our communities, it is important that we work together to main public confidence in the justice system.
“These are unprecedented times and Scotland’s criminal justice agencies are carefully considering how best to carry out their responsibilities in a way which safeguards public health and keeps people safe, especially our most vulnerable.
"There should be no doubt of our collective commitment to keeping the public safe from crime.”
