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Warning Scotland's court backlogs could take years to clear

Stephen Boyle wants a 'clear delivery plan' to transform justice services in Scotland

Court backlogs for trials involving serious assault, rape and murder may not be cleared for another three years, Scotland's Auditor General has warned.

A review found average waiting times for solemn cases - the most serious crimes - more than doubled since 2020.

But the number of outstanding trials had reduced from 43,606 in January 2022 to 28,029 in February 2023.

Auditors found that extra courts and using cinemas as jury centres helped tackle the overall backlog.

The delays in the system were caused by the effects of the Covid lockdown.

Stephen Boyle, Auditor General for Scotland, said: "The criminal trial backlog that built up during the pandemic has been substantially reduced thanks to effective partnership working, good use of data and innovation.

"But while the overall number has come down, the wait time for the most serious crimes, such as rape, have increased. And those delays come with a human cost for victims, witnesses and defendants.

"That's why it is vital the Scottish government has a delivery plan in place as soon as possible to further address the backlog and reform the criminal courts system."

The courts backlog for summary cases, involving common assault and robbery, has dropped from 40,860 outstanding trials in January 2022 to 24,946 in February 2023.

The backlog for these cases is expected to be cleared by March 2024.

Auditors found solemn cases reached a peak in January 2023 with a backlog of 600 high court cases and 2,500 sheriff court delays.

It is expected that some of the victims in these cases may have to wait until March 2026 for their case to be heard.

Glasgow High Court
Backlogs for more serious crimes is challenging because of the increasing numbers of cases coming to court, auditors said

Kate Wallace, chief executive of Victim Support Scotland, said the reduction in backlogs was "encouraging".

But she said of the delays: "Families tell us this timeframe is unacceptable, traumatising and often they feel unable to grieve the loss of a family member during this long and protracted process.

"The scale of the backlog continues to have a huge negative impact on the health and wellbeing of any person affected by crime, and even more so for the most serious cases.

"With court proceedings being postponed multiple times, many victims feel unable to move on with their lives."

A Scottish government spokesperson said: "We welcome Audit Scotland's report, which recognises the hard work of justice partners during the Covid pandemic and the significant progress made in reducing the subsequent backlog of criminal trials.

"We know how distressing delays to cases can be for all involved, and have been working with partners to mitigate the impact of the backlog.

"This includes expanding the use of pre-recorded evidence and introducing legal aid reforms to reduce the number of cases that need to proceed to trial.

"The Scottish government will publish a delivery plan setting out further actions for the continued recovery and reform of the criminal justice system in the summer."