‘Major investment’ needed to tackle 2.5-year High Court backlog

The head of Scotland’s national courts service is warning it needs investment of around £65m to modernise and cope with the increasing demand on its courts.

The Scottish Courts and Tribunals Service now predicts that it will face around 2,700 scheduled High Court trials per year by March 2028.

An increase in the number of cases related to historic sex offences and serious organised crime has added to a major backlog caused by the Covid-19 pandemic, and the latest figures show the time between an accused first appearing in court on charges and their trial starting is expected to increase to 2.5 years by the end of 2028.

That’s despite plans to increase the number of High Courts by four from January 2027.

In addition to the current ten venues, the High Court will now sit in Airdrie and Dunfermline, as well as Edinburgh and Glasgow Sheriff Courts.

High Court cases are set to be called at Glasgow Sheriff Court in a bid to tackle the backlog SNS Group

The expansion will allow up to 26 trials a day compared to 16 at the start of this decade. An additional Preliminary Hearings Court in Glasgow will also run from October this year.

The decision has been taken due to a substantial increase in High Court business over the last few years and modelling projections that this will only increase further in the coming years.

The latest Scottish Government statistics show that the median journey from a crime first being known to the police to a High Court verdict was 123 weeks in 2024-25, around two years and four months. The court stage, measured from court registration to verdict, accounted for 45 weeks of that journey.

Overall, the number of High Court indictments as forecast by COPFS is expected to exceed 2,700 this year, compared with 935 in 2023/24.

The latest modelling projects that the average wait for the court stage of this process alone in High Court cases could rise to 135 weeks by 2028-29, adding significantly to the time victims, witnesses and accused people wait for resolution.

Victims of crime face lengthy waits for justice due to the backlog iStock

The Scottish Courts and Tribunals Service has developed proposals that would require an investment of around £62m over five years to reform criminal case management, redesign court processes and introduce modern digital case management.

Malcolm Graham, chief executive of the Scottish Courts and Tribunals Service, said: “Our focus continues to be on striving to reduce the length of time people wait for the outcome of a case.

“Continued pressures on High Court business are only projected to increase further over the next few years, placing further strain on the capacity and resources of the courts. We will continue to work with justice partners to explore further improvements and make the case for sustainable resourcing in order to allow those improvements to be made.

“In particular, there is a need for sustained cross-system Scottish Government investment in digital renewal to deliver the efficiencies now required.

“Investment in modern, accessible, efficient and digitally enabled services across the justice system is essential for people waiting for justice and to avoid delays for victims, witnesses and all who use our courts.”

Stuart Munro, convener of the Law Society of Scotland Criminal Law Committee said: “It’s essential that steps are taken to tackle the current backlog in cases going to trial. We know how distressing delays are for all those involved, with people now spending much longer on remand than was ever previously accepted.

“There are significant pressures on the criminal justice system, and it will take real investment to ensure that it is properly resourced both in the short and longer term. We will continue to work with Scottish Courts and Tribunal Service on reducing the backlog in a practical and manageable way. The Law Society’s Criminal Law Committee is meeting to discuss the SCTS’s plans and will engage with members to provide feedback.”

Debbie Adams, interim chief executive at Victim Support Scotland, added: “The increase in high court trials is a positive step towards tackling the extensive court backlogs within the justice system. One delay has a knock-on effect for the entire justice process, so anything that can be done to help reduce the time victims spend waiting is welcome.

“Unfortunately, at the moment, thousands of people impacted by crime remain trapped in a state of uncertainty while awaiting trial. In the face of numerous reports, numbers and statistics on this topic, it’s vital that we continue to highlight the individual human impact of these delays.

“Witness attrition, where witnesses drop out of a trial altogether, is a huge risk when considering the impact of these long waiting times. People can’t move on with their lives, and these delays exacerbate the initial trauma and mental health issues that might accompany a crime. They are having to preserve their traumatic experiences and testimony at the front of their minds for months, if not years, on end.

“If anyone is struggling with the impact of crime, we can help. Our teams can provide emotional support and practical advice about your situation – you can reach us through our helpline, 0800 160 1985, or website, victimsupport.scot.”

A spokesperson for the Crown Office and Procurator Fiscal Service said: “The increasing volume and complexity of serious criminal cases is a challenge for the whole justice system.

“Prosecutors are taking action within existing frameworks to progress cases as efficiently as possible and reduce unnecessary delay.

“Victims and witnesses remain at the forefront of our work, and we are committed to ensuring cases are prosecuted fairly, independently and as quickly as possible.”