Huge rise in court delays ‘agony’ for crime victims

Scottish Courts and Tribunals Service says ‘no link’ between figures and court closures

The number of serious court cases being delayed because of lack of time has more than quadrupled in Dundee since the closure of Cupar Sheriff Court. Arbroath and Cupar courts shut their doors in 2014, with business moved to Dundee and Forfar.

New figures show just 5% of solemn cases in Dundee were delayed due to a lack of court time before this but that rose to 22% after the workload merged.

MSP Willie Rennie said: “If you are the victim of a crime, it is already traumatic to go through the court process. When this is prolonged, it only makes the agony more substantial.”

A Scottish Courts and Tribunals Service spokesman said there is “no link” between the closures and the figures.

Victims of the most serious crimes in Tayside and North East Fife increasingly face a longer wait for justice following controversial court closures.

A fifth of solemn cases heard at Dundee and Forfar sheriff courts were adjourned last year because of a lack of time. This number has rocketed since facilities at Cupar and Arbroath were shut.

The Scottish Courts Service claimed there was “no link” between closures and more cases being kicked into the long grass, but a leading Tayside solicitor described the outcome as unsurprising.

Billy Boyle, who campaigned against the local closures, said: “It is getting worse and it will continue to get worse.

“The delays in prosecution are very bad evidentially but also emotionally for people who are involved in them.

“It’s one of the most important events of their lives, whether they are a victim, an accused or a juror. When they turn up in their Sunday best and are told the trial’s not happening it is very damaging.”

Courts in Arbroath and Cupar were closed in 2014 as part of a Scottish Government-backed cost-cutting and efficiency review which took place across the country.

In 2013-14, the last year of both being open, just 5% of solemn cases in Dundee were delayed because of a lack of court time. That increased to 22% after the workload merged and was 21% last year.

Going back to 2011, such an instance had never taken place at Forfar but 7% of cases were put back in the period after it took on Arbroath’s workload, with the figure rocketing to 19% in 2015-16.

North East Fife MSP Willie Rennie said the warnings were loud and clear before the decision was taken to close Cupar Sheriff Court and others like it across Scotland.

The Scottish Liberal Democrat leader said: “Now we are seeing the consequences for those seeking justice.

“If you are the victim of a crime it is already traumatic to go through the court process. When this is prolonged it only makes the agony more substantial.

“The Scottish Government needs to act to increase the capacity so that people are no longer suffering in this way.”

The findings were laid bare in a report by the Scottish Courts and Tribunals Service titled ‘Shaping Scotland’s Court Services – an evaluation after the first three years’.

A spokesman said: “There is no link between court closures and the increase in solemn adjournments shown in the evaluation report.

“Over the last two years the reporting and detection of crimes, particularly domestic abuse and sexual offences, has increased, reflecting proactive policing and prosecution and greater victim confidence to report crimes.

“These cases have not only increased in volume but are more complex cases often requiring more court time.”

He added there has been an improvement in performance between April and June this year, with no lack of court time adjournments in Forfar and two in Dundee.

A Scottish Government spokeswoman said: “The court closure programme was part of a number of initiatives aimed at giving Scotland a modern court structure fit for the 21st Century. This includes video links in each location where sheriff courts were closed so that access to justice is maintained for vulnerable witnesses.”

The delays in prosecution are very bad evidentially but also emotionally for people who are involved in them. BILLY BOYLE

Pictures: John Stevenson/Steve MacDougall. Arbroath Sheriff Court was sacrificed as part of the closure programme while Perth Sheriff Court, right, was retained.

Picture: Kim Cessford. Cupar Sheriff Court was closed in 2014.