Clearing the backlog of cases of serious assault, murder and rape, solemn cases, is proving much more difficult than summary cases such as common assault and motoring offences.

Average waiting times for the most serious crimes have more than doubled since 2020. These cases are not expected to be cleared until March 2026. By comparison, summary cases are on track to be cleared by March 2024.

There has been a year’s delay to the publication of the Scottish government’s delivery plan for the continued recovery and reform of the criminal justice system. It was due in August 2022 but is now expected by summer 2023. Key risks to continuing recovery and successful reform include staffing pressures in the legal profession. There are also different views on the future use of technologies, such as virtual trials, which will need to be reconciled.

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 times for the most serious crimes, such as rape, have increased. And those delays come with a human cost for victims, witnesses and defendants.

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

Liberal Democrat justice spokesperson Liam McArthur MSP said: “The Scottish Courts and Tribunal Service deserve credit for the work they have done reducing the court backlog but it is clear that when it comes to the most serious and complex cases there is still much to do.

“The consequences of delays is that everyone suffers: victims, witnesses and those accused.”