Trial Backlog in Scotland's Highest Criminal Courts Nearly Triples
The backlog of trials in Scotland's highest criminal courts has almost tripled, partly due to an increase in complex cases involving serious organised crime and historic sex abuse.
At the end of March, approximately 1,000 trials were awaiting commencement in the high court, nearly three times the number recorded before the Covid-19 pandemic.
Conversely, across the entire criminal justice system, the number of outstanding scheduled trials has decreased to 13,268, which is about one-third of the peak backlog experienced in 2022.
Audit Scotland has indicated that progress is being made; however, the rise in high court cases is exerting pressure across the system.
Impact of Prosecutions on Prison Population and Justice Delays
Successful prosecutions against gangsters and sex offenders have resulted in longer sentences and a prison population that continues to reach new record highs, despite the emergency early release of hundreds of convicted criminals.
For alleged victims, witnesses, and the accused, the volume of cases in the high court is causing delays in the delivery of justice.
Audit Scotland's Findings and Warnings
Audit Scotland, the public spending watchdog, reported that the Scottish government and other agencies are actively working to reduce the criminal courts backlog and modernise services.
However, Auditor General Stephen Boyle cautioned that a lack of evaluation and public reporting makes it difficult to determine which measures are effective.
"In some cases, there are many years that people will have to wait for justice and the longer that is, the more impact that has on victims and witnesses.
"The case hanging over the accused can also have an impact on their employment prospects or their home setting.
"There's a clear programme of transformation, but we've seen varying pace of progress."
Calls for Action from Victim Support Organisations
Victim Support Scotland, an organisation working with victims of crime, has urged the new Justice Secretary Neil Gray to take decisive action.
Debbie Adams, interim chief executive at Victim Support Scotland, stated:
"The reality is that thousands of people impacted by crime remain trapped in a state of uncertainty while awaiting trial.
"This means victims have their lives on hold for longer - having to preserve their traumatic experiences at the front of their minds for months, if not years, on end.
"Witness attrition, where witnesses drop out of a trial altogether, is a huge risk."
Potential Increase in Appeals and Prosecutions
Audit Scotland noted that recent rulings could lead to an increase in appeals from individuals convicted of sexual offences and a rise in the number of rape allegations prosecuted.
Summary Case Management Project Reduces Trial Numbers
The agency highlighted a project called summary case management, which has reduced the number of trials heard by judges in sheriff courts.
This project aims to resolve cases swiftly through early disclosure of evidence, prompt discussions between prosecution and defence, and proactive judicial involvement.
The service estimates that during the national rollout of the project, more than 100,000 fewer police officers and 3,000 fewer child witnesses have been required to give evidence.
The backlog of summary trials has decreased to 9,000 from a peak of over 30,000 during the pandemic.
Sheriff Principal Aisha Anwar KC, the judge overseeing the project, described summary case management as "a change in culture" resulting from collaboration at local and national levels.
Audit Scotland reported ongoing discussions about whether a similar approach could be applied to solemn cases, which are held before a judge and jury in the sheriff court and high court.
Scottish Courts and Tribunals Service Response
The Scottish Courts and Tribunals Service (SCTS) stated that the audit report acknowledged significant efforts made across the justice system to reduce the backlog of trials following the pandemic.
Paul McKinlay, executive director of court operations, predicted that the increase in serious criminal cases would further strain court capacity and resources.
He added:
"We will continue to work with justice partners to explore further improvements and make the case for sustainable resourcing in order to allow those improvements to be made."
Temporary Factors and Sustained Increase in Trial Load
Tony Lenehan KC, vice-dean of the Faculty of Advocates and a leading defence lawyer in Scotland, commented on the factors contributing to the increased trial load.
"A number of factors have combined to increase the present trial load.
"Some of those factors are temporary but a sustained increase is expected.
"Where processes such as the Scottish Child Abuse Inquiry, and police improvements in sensitive case handling result in more people feeling able to complain about serious crimes, then that is positive development to which the criminal justice system in Scotland will no doubt adapt effectively."
Justice Secretary's Response to Audit Scotland Report
Justice Secretary Neil Gray acknowledged the Audit Scotland report's recognition of "significant progress made in reducing the court backlog" from its 2022 peak.
He added:
"I am pleased that three of the recommendations have been achieved across such a complex landscape and recognise that there is more work to be done to strengthen delivery, transparency and reporting.
"I look forward to working with our partners to continue the work on reforming the justice system across Scotland."
