The Sunday Post (Newcastle)

justice in the dock as courts branded a joke

Here’s the inside story on what’s happening in court rooms across Scotland… a vast waste of taxpayers’ money as thousands of witnesses and police officers spend days waiting to appear in trials which have no chance of going ahead

- By Andrew Picken

WITNESSES and crime victims say they are being failed by shambolic delays in the legal system which waste up to £10 million of public money a year.

A Sunday Post investigat­ion today reveals the number of trials postponed due to a lack of court time has rocketed by 65% in the last five years.

One sheriff told us: “The system has become a joke.”

THOUSANDS of witnesses are being called to trials in Scotland’s courts each year which have no chance of going ahead – wasting £10 million of public money.

An investigat­ion by The Sunday Post today lays bare how witnesses who bravely offer to give evidence against criminals have their time utterly wasted by delays and postponeme­nts to cases.

And we can reveal entire shifts of frontline police officers can be cited to appear at cases they know stand virtually no chance of proceeding – in a waste of police time too.

Legal insiders claim court bosses are calling trials to ensure they “hit targets” even though they know they will be adjourned because there’s not enough time for them to be heard.

Our probe – the first in a new series of Sunday Post investigat­ions – reveals how:

There’s been a 65% increase in the number of cases adjourned due to “lack of court time” over the last five years.

Witnesses claim they are being left to hang around for days at a time with limited access to food or water.

Independen­t estimates reveal almost half of summary cases did not proceed as planned in Scotland’s sheriff courts last year.

The Scottish Courts and Tribunals Service (SCTS) last night dismissed claims that trials are scheduled to hit targets and said there was “clear evidence that our court programmin­g and scheduling of trials is effective”.

But one sheriff, speaking to the Post on guarantee of anonymity, said: “It is a joke.

“Every day I know there is not a hope in hell that all of these trials will be going ahead, as do the court staff and lawyers, but the ridiculous charade has to be acted out for the sake of meeting target dates.”

Figures obtained by the Post show the number of High Court, Sheriff Court and Justice of the Peace Court trials adjourned due to a lack of court time has jumped from 2,608 in 2011/12 to 4,302 in 2015/16 – a 65% hike.

This compares to a 27.7% increase in the number of trials over the same period.

Legal insiders say that even with a conservati­ve estimate of three witnesses per trial this is nearly 13,000 witnesses turning up to court unnecessar­ily.

A report from Audit Scotland published last year revealed how the sheriff court system was coming under increasing pressure with more cases going to trial and taking longer to conclude.

Between 2010/ 11 and 2014/ 15, the average length of time that a case took to complete increased from 19 weeks to 22 weeks.

Over the same period 10 sheriff courts have been closed and the overall budget of the Crown Office and Procurator Fiscal Service (COPFS) has been reduced by the Scottish Government.

Court bosses have legal limits on how long it takes for a case to be heard but the SCTS also has its own 26-week performanc­e target or cases to be dealt with.

Last year 35% of cases breached this limit and Audit Scotland estimated “almost half of summary cases did not proceed as planned in sheriff courts in 2014/15”.

The watchdog added: “We estimate the cost of cases repeating stages unnecessar­ily, could have been as much as £10 million in 2014/15.”

Meanwhile, the watchdog released the findings of focus groups it had held on the issue with

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