Court Fee Working Group information: FOI release

Information requested

1. The decision to establish the Working Group

2. Internal discussions, emails, or correspondence leading to its creation

3. Draft terms of reference or scoping documents

4. Early policy papers or briefing materials relating to court fees or transcript access

5. Any preliminary analysis of transcript fees, access to justice, or impacts on criminal defendants

Response

I enclose a copy of some of the information you requested in the format you asked for in relation to points 1 and 2 this can be found at Annex A. This includes preparatory material created prior to the establishment of the Court Fee Working Group.

In relation to point 3, the Scottish Government does not hold recorded information relating to draft terms of reference or scoping documents for the Court Fee Working Group.

While Scottish Government officials have engaged in discussion regarding court fee policy, the Scottish Courts and Tribunals Service (SCTS) is responsible for leading the establishment, governance, and operation of the Court Fee Working Group. The Scottish Government does not have an operational role in determining the group’s structure or documentation and does not hold information concerning draft terms of reference or scoping documents.

This constitutes formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information requested. You may wish to contact SCTS at foi@scotcourts.gov.uk

Some of the information you have requested in relation to point 4 is already publicly available and is therefore exempt from disclosure under section 25(1) of FOISA (information otherwise ccessible).

This includes:

Policy Notes accompanying the 2026-2027 court fee orders

Scottish Court Fees 2026–2027 Business and Regulatory Impact Assessment

Scottish Court Fees 2026-2027 Equality Impact Assessment

Scottish Court Fees 2026-2027 Child Rights and Wellbeing Impact Assessment

Scottish Court Fees 2026-2027: consultation analysis and Scottish Government response

If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

The links to the documents referenced above can be found here:

• The Court of Session etc. Fees Order 2026 - Policy Note
• The High Court of Justiciary Fees Order 2026 - Policy Note
• The Sheriff Appeal Court Fees Order 2026 - Policy Note
• The Sheriff Court Fees Order 2026 - Policy Note
• The Justice of the Peace Court Fees (Scotland) Order 2026 - Policy Note
• The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2026 - Policy Note
• Scottish Court Fees 2026-2027 - Business Regulatory Impact Assessment - gov.scot
• Screening - Scottish Court Fees 2026-2027 - Equality Impact Assessment - gov.scot
• Scottish Court Fees 2026-2027 - Child Rights and Wellbeing Impact Assessment - gov.scot
• Scottish Court Fees 2026-2027: consultation analysis and Scottish Government response - gov.scot

We do however hold some information relating to the court fees uplift for 2026-2027 and this can be found at Annex B.

Some information within scope has been withheld under the following exemptions:

• Section 38(1)(b) – personal data of third parties
• Section 30(b)(i) and (ii) – free and frank provision of advice and exchange of views

These exemptions reflect the need to protect personal data, as well as the space required for officials and Ministers to consider policy options before a settled position is reached. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to explore and refine the Government’s position until the Government as a whole can adopt a policy that is sound and likely to be effective.

This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

However, we have provided the relevant ministerial submissions relating to the publication of the consultation response, which can be found at Annex B.

In relation to point 5, we are unable to provide the information you have requested because an exemption under section 36(1) - legal advice applies to that information. The Scottish Ministerial Code is clear that Ministers must not divulge either the source or content of legal advice, other than in exceptional circumstances.

However, I can advise that Section 51 of the Victims, Witnesses and Justice Reform (Scotland) Act 2025 makes permanent the pilot scheme allowing survivors of rape and serious sexual assault to apply to receive copies of transcripts from their court cases for free. This applies to cases in the High Court and, when established, the Sexual Offences Court. This section came into force on 1 April 2026. This delivers a seamless transition from the pilot concluding to the new legal right coming into force. By way of background, as of 19 March, there were 157 applications received as part of the court transcript pilot.

This response addresses whether the Scottish Government holds preparatory, draft, or pre‑establishment recorded information relating to the Court Fee Working Group within the scoped period. Where such information is held, it has been disclosed except where a relevant FOISA exemption applies. Where information is not held, this has been clearly explained.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202600514706 - Information Released - Annex A and Annex B

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