Rise in serious cases strengthens need for criminal justice reform

The Scottish Government and its partners have made progress in cutting the criminal courts backlog and modernising justice services – but risks remain to delivering much needed reforms.

There were around 13,268 outstanding scheduled trials at the end of 2025/26 – around a third of the number of the backlog’s peak in 2022. However, a rise in complex cases, such as historic sexual abuse and organised crime, has led to high levels of backlogs for courts dealing with the most serious issues. Outstanding scheduled High Court trials rose to 1,002 at the end of 2025/26 – almost three times pre-pandemic levels. This is creating pressures across the system.

The Scottish Government has published a delivery plan for modernising the criminal justice system. There has been mixed progress with projects designed to improve efficiency, with some delayed or still to start. There has also been limited evaluation and public reporting on progress, making it difficult to know what impact projects are having.

The Scottish Government and its partners have improved how they engage with people who use court services. But services users are not actively involved in work to make the system more efficient.

Stephen Boyle, Auditor General for Scotland, said: “Criminal court business has changed significantly. The overall number of outstanding trials has reduced considerably since 2022. But the rise in serious, resource-intensive cases in recent years is impacting on the High Court backlog and the wider justice system.

“The Scottish Government and its partners have set out how efficiencies will be delivered. But their planned modernisation projects must be supported by more robust delivery arrangements, clarity on the resources required, and effective collaboration.”

Reform of criminal justice sector too slow amid growing financial pressures, say Holyrood Committee

The wholesale reform of the criminal justice sector required to tackle increasing financial pressures has been too slow, say the Criminal Justice Committee.

The findings are part of the Committee’s pre-budget scrutiny of the Scottish Government’s budget for 2025/26.

The Committee say organisations across the sector have said they are looking for increases in their resource funding and significant investments in capital budgets for 2025/26 but there is ‘a stark gap’ between what these organisations say they need for 2025/26 and what they may be given.

The Committee say that the wholesale reform of the sector which is required can only be achieved by adopting a new strategy, moving away from short term fixes of a few years or a single parliamentary term. It recommends that the Scottish Government explores moving to a system of multi-year funding cycles to help aid this reform.

Whilst a range of current reform work is welcomed, such as the pilot of the Summary Case Management system, there are other areas where progress on reform has been too slow.

The Committee again highlight the inefficiencies and wasted cost of citing police officers to attend courts, only for them not be called, and the time that the officers spend on calls with vulnerable people experiencing poor mental health due to a lack of wider support services.

The Committee welcome in-year investments by the Scottish Government in various parts of the criminal justice system, but call for increased transparency about these payments to ensure adequate scrutiny.

Issues around underestimating the costs of implementing new legislation impacting the sector are also highlighted in the report. The Committee call for financial memorandums to be as accurate as possible and say proposed legislation must be accompanied by appropriate resources.

The Criminal Justice Committee Convener, Audrey Nicoll MSP, said: “Right across the sector we are seeing increasing cost pressures, and it’s clear there is a stark gap between what these organisations say they need for 2025/26 and what they may be given.

“Last year we emphasised the need for change in how the Scottish Government fund and support the justice sector and that the status quo could not continue. However, progress still needs to be made to implement the wholesale reform required, which takes the long-term view.

“The evidence we have gathered has made clear that multi-year funding could be hugely beneficial for the sector, help them manage resources and plan for the future, and we’re calling for the Scottish Government to explore this route further.”