Progress made on court delays but outlook is challenging

The criminal justice system has faced significant challenges over the past few years. I believe we are rising to those challenges and have made real progress working closely with justice partners and implementing innovative solutions.

The number of scheduled trials more than doubled during the pandemic to nearly 44,000. Despite a significant and sustained increase in serious crimes coming through the courts, this has been reduced to under 22,000. The average time between first appearance at court and trial has reduced from 50 to 35 weeks.

We continue to deliver change and improvement as resources allow. The judicially led summary case management initiative is a perfect example of the justice sector working together. The pilot produced remarkable results, through early disclosure of evidence and better case management. We estimate that, had the initiative been in all courts during the pilot period, 3,270 fewer trials and 89,000 witnesses would not have been called, including 50,000 police witnesses. In Glasgow, four trial courts per week previously required for domestic abuse have been freed up, with a 46% increase in guilty pleas before trial, meaning victims not having to give evidence in court.

Malcolm Graham, chief executive officer of the Scottish Courts and Tribunals Service. Picture: Stewart Atwood | Stewart Attwood

The increase in use of evidence by commissioner is supporting vulnerable witnesses to provide their best evidence, particularly in sexual offence cases. This minimises trauma by removing the need to attend court. There were more than 1,000 hearings conducted this way last year.

While there have been many improvements, the outlook for the coming years looks challenging. Projected increases in High Court cases arise from a substantial increase in the number of serious sexual offences brought to court. A focus on redress for historic offences, coupled with improved reporting and detection rates means that trend is set to continue. Changes to law, policy, court rulings, practices in the justice system and wider culture have all led to these increases.

That’s a very good thing for society and for victims of these crimes, but it places significant pressure on a system with finite capacity. Without innovation, caseloads in these most serious of cases - and the length of time it takes to resolve them - will inevitably increase.

The Scotsman's week-long series is scrutinising pressures in the criminal justice system. | TSPL

Approaches adopted mean that crimes - particularly against women and children - are now more likely to make it to court. We recognise funding provided by the Scottish Government to help digitise parts of the justice system. Parliament is considering proposals for a sexual offences court, originating from recommendations in Lady Dorrian’s Review of Sexual Offences. Given the nature of these crimes history shows they are less likely to be resolved prior to trial. We must meet this increase in serious sexual offence cases in Scotland’s courts effectively and without delay.

We have already taken action, increasing facilities for taking evidence by commissioner and the number of courts being used for these cases. We will continue to innovate and collaborate. Right now there is no short-term capacity to increase throughput further, as capacity in the whole justice system needs to be balanced. While some parts of the system have seen uplifts in budgets, others have not.

We are at a critical stage of development - seeking to improve services and manage pressures. Sustained funding will support that change and our shared ambition of a fairer, more transparent, and accessible justice system.

Malcolm Graham is chief executive officer of the Scottish Courts and Tribunals Service