Scotland’s criminal justice delays worsening

At the High Court of Justiciary, it is now common for two-and-a-half years to pass before a verdict is reached. The median time from offence to verdict was 951 days in the second quarter of 2024/25, nearly double the 482 days recorded in 2019/20.

For complainers in sexual offence cases the delays are even worse. The median wait for non-historic sexual offence cases – including rape and sexual assault – has risen from 577 to 1,034 days.

Criminal silk Thomas Ross KC warned the situation would continue to deteriorate. “No one in the system [is] thinking outside of the box” to address the crisis, he told The Scotsman.

Justice Secretary Angela Constance defended the government’s approach, stating that the number of outstanding scheduled trials had fallen by more than 50 per cent since the pandemic’s peak. The Crown Office said tackling delays remained a “priority”, with modernisation efforts helping to conclude cases earlier.

While the total number of scheduled trials has dropped from 43,606 in January 2022 to 21,862 in December 2024, the number of High Court trials awaiting hearings has increased to 744, highlighting persistent pressures.

Delays are also acute in sheriff courts, where most criminal cases are heard. The median wait for solemn cases has extended to over 18 months, up from less than 10 months five years ago. For non-historic sexual crimes, waiting times have increased from 456 to 674 days.

Year-on-year comparisons also reflect the worsening situation. The median time from offence to verdict in the High Court was 1,015 days in 2023/24, nearly double the 520 days recorded in 2019/20. In sheriff solemn cases, the wait increased from 283 to 565 days.

One major contributor to the delays is the time taken by the Crown Office before cases reach court. This period has doubled for High Court cases, from 245 days to 490 days, and risen from 190 to 302 days for sheriff solemn proceedings.