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The backlog of trials in Scotland’s highest criminal courts has almost tripled, driven in part by a rise in complex cases involving serious organised crime and historic sexual abuse. By the end of March, roughly 1,000 trials were awaiting proceedings at the high court, nearly three times the volume recorded before the Covid-19 pandemic. This surge stands in contrast to the wider court system, where the total number of outstanding scheduled trials has dropped to around 13,268 — approximately one-third of the peak backlog seen in 2022.
Audit Scotland has acknowledged progress within the justice system but warns that the increase in high court cases is placing significant pressure on court resources. The rise is partly linked to successful prosecutions against gangsters and sex offenders, which have resulted in longer prison sentences and a prison population hitting new record highs, despite the emergency early release of hundreds of convicted individuals. However, the heightened volume of cases in the high court means justice is delayed for accused individuals, witnesses, and victims alike.
Stephen Boyle, Auditor General for Scotland, highlighted concerns over the absence of thorough evaluation and public reporting, complicating efforts to gauge which measures are effective. He noted the detrimental effects prolonged waits have on victims and witnesses, as well as on the accused, who may experience negative impacts on their employment prospects and home life while awaiting trial. Boyle described the situation as “a clear programme of transformation” with “varying pace of progress.”
Victim support organisations have urged government action in response to the backlog’s human toll. Debbie Adams, interim chief executive of Victim Support Scotland, stressed the strain placed on those affected by crime, who are left in prolonged uncertainty. She observed, “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,” adding that witness attrition poses a substantial risk to trials. Meanwhile, the justice system is implementing measures such as early evidence disclosure, proactive judicial involvement, and improved cooperation between prosecution and defence to resolve cases more quickly. Discussions continue about applying similar management approaches to solemn cases involving judges and juries
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