Scots courts under pressure from cuts and case complexity

Scotland’s courts system is under pressure from budget cuts and increasingly complex cases, according to a new report by Audit Scotland.

The report, titled Efficiency of prosecuting criminal cases through the sheriff court system, has found fewer cases are concluding within the 26-week performance target, the average time for cases to conclude has risen, and a greater proportion of cases - especially involving domestic abuse and sexual offences - are going to trial.

At the same time, the budgets of the Crown Office and Procurator Fiscal Service (COPFS) and the Scottish Court Service have been disproportionately slashed since 2010.

Between 2010/11 and 2014/15, the Scottish government’s overall budget fell by seven per cent in real terms. Over the same period, the total budgets of the COPFS and the Scottish Court Service fell by 14 and 28 per cent respectively.

The FDA trade union, representing Crown Office prosecutors, has called for greater funding for prosecutors.

Jim Caldwell, Scottish secretary of the FDA, told The Herald: “We believe there’s not enough money in the system and not enough prosecutors in the system.

“Unless things change, the service is going to continue to decline and it’s the public who are going to suffer.”

He added: “We’re not saying we’ve got to crisis point, but clearly it’s becoming incredibly difficult to deliver the service that the public expect and our members want to deliver.”

Lawyers also suggested the Courts Reform (Scotland) Act 2014, which came into force yesterday, could have an impact on court performance. Its provisions include the establishment of a new Criminal Sheriff Appeal Court and Sheriff Personal Injury Court.

Innes Laing, a partner with Digby Brown Solicitors, told The Courier: “These are significant changes which will affect the way personal injury claims are managed. We are likely to see a significant increase in the number of cases going into sheriff courts.”

Audit Scotland has recommended a “fresh look” at how the performance of sheriff courts is measured and reported, and consideration as to how to build upon the 26-week performance target to provide a broader picture of the system’s efficiency.

Caroline Gardner, Auditor General for Scotland, said: “Scotland’s sheriff courts are an important part of our justice system, experienced by thousands of people, including victims and witnesses, every year.

“Like many parts of the public sector, the sheriff court system is facing falling budgets. Together with an increasing focus on cases which are more complex, this is putting pressure on the system as a whole.

“To deal with this, all the bodies involved in our sheriff court system must continue to develop how they work together, both nationally and locally.”

A spokesperson for the Scottish government said: “Funding to the Courts and Crown and other justice agencies has reduced since 2010/11 due to overall cuts imposed by the Westminster government.

“We have responded to these pressures, with major reform of the court system and merger of the Courts and Tribunals administration.

“In 2014/15 we provided £1.47m in additional funding for extra fiscals, court staff and judiciary, to help speed up the delivery of justice and this year we have committed £2.4m to ensure swift progress of cases involving domestic abuse and sexual violence.”

Andrew Alexander, head of access to justice at the Law Society of Scotland, said: “It’s helpful that an area as crucial as criminal courts has undergone such detailed and independent scrutiny. The report recognises the changing dynamic of summary courts in Scotland, with increasing numbers of complex cases.

“Those working across the justice system are aware of the challenges and a clear one is around budgets – the report flags the declining SCTS and COPFS budgets, for instance.

“We support the wider use of technology, such as videoconferencing and wifi access, and believe that this could offer significant efficiencies. We are keen to explore ways in which the legal aid system can recognise the challenges of this changing mix of court work and also encourage earliest resolution of cases. Our legal aid strategy paper, published this summer, makes a number of recommendations to address these issues.

“We will continue to work with justice sector stakeholders to make sure that this area of the justice system is as effective and efficient as possible.”