11 ‘murders’ and 127 rape cases in Covid legal log jam
Families and victims suffer extra trauma
DOZENS of murder and rape cases have been put on hold amid an unprecedented justice logjam caused by the coronavirus crisis.
Campaigners have warned victims are ‘trapped in a place of significant trauma’ and feeling ‘anxious, unsafe and even suicidal’ because of the failure to get Scotland’s justice system going again.
Some 43,800 charges were referred to prosecutors over two months, since the start of lockdown on March 23, according to figures obtained through freedom of information laws.
They include 11 for murder and 127 for either rape or attempted rape.
People have been charged with murder over the deaths of Louise Aitchison, 33, in her home, in East Kilbride, Lanarkshire, on April 30, and Jadwiga Szczygielska, 77, in Edinburgh, on April 18.
All trials were suspended when Scotland entered lockdown. Sheriff courts returned this month, but high courts will not do so until next month – unlike in England, where they have been operating for several weeks.
Scotland’s justice system will now face the challenge of tackling an unprecedented backlog, while not being able to operate at full capacity due to the need for social distancing.
The Scottish Government initially considered trials without juries, but this was rejected by the legal profession. Now victims’ groups have called for a rethink. Sandy Brindley, chief executive of Rape Crisis Scotland, said: ‘In ordinary times, delays in cases of sexual crimes getting to court – which is only ever the small minority of cases reported to the police – are described by survivors as unbearable.
‘The severe impact of Covid19 on the courts is going to extend these already lengthy delays by years.
‘The only viable way to prioritise justice and public health and mitigate some of the worst of the genuine trauma and harm that this will cause to survivors is by progressing jury-less trials.’
Kate Wallace, chief executive of Victim Support Scotland, said: ‘The size of the backlog means much more needs to be done for victims and witnesses. Victim Support Scotland and our partners are calling for more consideration to be given to emergency measures to permit jury-less trials as a last resort.’
Scottish Tory justice spokesman Liam Kerr said: ‘We need to see the courts back up and running to good capacity as quickly as possible.’
High Courts have continued to hold pre-trial business, meaning an accused could still be remanded to custody or released on bail.
David Fraser, chief operations officer at the Scottish Court Service, said: ‘We are working hard with justice partners to ensure that justice delayed will not become justice denied.
‘With sheriff courts opened, we are commencing all summary criminal business with social distancing in place.
‘We have, during this period, introduced video links to manage custodies, together with remote representation of clients by solicitors and created a bespoke court to deal with cases that can be resolved without the need for a trial.’
A Scottish Government spokesman said: ‘The decisions taken by courts have led to a backlog of cases and the Justice Secretary [Humza Yousaf] has acknowledged the implications for victims, witnesses and those accused of crimes.’