How public confidence in Scotland's justice system is being shaken

A new poll which found 51 per cent of respondents thought Police Scotland should always investigate reports of low-level crime, whether or not there was an obvious line of enquiry, suggests public opinion is not entirely behind the force’s so-called ‘proportionate response’ strategy, currently being rolled out across the country.

During a pilot scheme, about five per cent of reports in Aberdeen, Aberdeenshire and Moray were simply recorded and filed after an assessment of the potential threats, available evidence and other factors. Clearly, this strategy saves police time that can then be spent on more serious cases.

However, it also appears at odds with the ‘broken window’ theory of crime that small offences can lead to more serious ones if left unchecked. No wonder then that Russell Findlay, the Scottish Conservatives’ shadow justice secretary, has argued that “doing nothing” about thousands of reported crimes is a betrayal of law-abiding citizens.

Many members of the public will agree, particularly if they are personally affected by crimes that may seem minor but can have a significant effect on people’s sense of safety as they go about their business.

Even violent offenders freed

It adds to the large weight of evidence that vital public services – also including the NHS, social care and education – are falling apart at the seams. The Scottish Government needs to demonstrate concrete signs of progress on all fronts and quickly.

A functional justice system – one that works as intended – should be a priority and that may well mean having frank conversations about how the criminals the police do catch are best dealt with. Scotland sends more people to prison than most other Western European countries, at huge expense.

This may no longer be a sustainable or even a sensible approach, particularly given the recent early releases of inmates, including violent ones, as an emergency measure to reduce prison overcrowding.

The police have always had to prioritise, but a formal policy of not investigating some complaints has the effect of normalising inaction. Normalising early release could undermine the deterring effect of a prison sentence on crime.

Scotland has to have confidence in its justice system. Right now, it appears to be creaking.