Justice Denied: Every story in The Scotsman's series on criminal justice system pressures
From the impact on victims to interviews with high-profile criminal justice figures, The Scotsman’s series is looking at the numerous challenges in the sector
“Justice delayed is justice denied” - it is an age-old legal maxim that has never been more appropriate in Scotland.
As the nation’s criminal justice system continues to reckon with the dreadful legacy of the pandemic, there are new and emerging challenges that are complicating the journey to recovery.
From detailing the impact on victims, revealing the thousands of cases where prosecutors took no action due to delays, and interviewing senior figures in the sector, The Scotsman’s week-long series is shining a light on the complex, interlinked pressures that continue to impede the swift delivery of justice for too many Scots.
Here are the articles we have published in the Justice Denied series to date:
Monday
Legal experts have warned the work to drive down the crippling delays has been “too slow,” with many victims having to wait years for some of the most serious criminal cases to conclude.
Malcolm Graham, chief executive of the Scottish Courts and Tribunals Service, also wrote for The Scotsman, saying while progress had been made, there was no short-term capacity in the system to increase workloads.
Tuesday
The Scotsman revealed how delays due to time-bar restrictions, or delays on the part of police and other reporting agencies, meant there were more than 9,000 cases over the past five years where prosecutors took no action.
Wednesday
In his first ever media interview, John Logue, the Crown Agent and chief executive of the Crown Office and Procurator Fiscal Service, told The Scotsman’s investigations correspondent, Martyn McLaughlin, how the looming reset of time-bar limits to their pre-pandemic norms risked adding to delays in the system.
Mr Logue said in hindsight, the relevant emergency legislation was imperfect.
The Scotsman also reported on evidence given at the Scottish Covid-19 inquiry, where Eric McQueen, the former chief executive of the SCGTS, warnd that the lengthy waiting time for criminal trials to conclude was “not sustainable.”
The Scotsman’s leader that day also focused on the widespread problems across the sector, reflecting on a system that had become “overwhelmed.”
Thursday
The widespread problems facing the criminal justice system is having a significant impact on victims of crime, especially survivors of serious sexual offences. The Scotsman reported how some rape victims were asking for their cases to be dropped due to the “unbearable” delays.
That agonising lived experience was also laid bare via the testimonies of Rape Crisis Scotland’s clients caught up in the delays. One woman told of how she considered taking her own life on a frequent basis as a result of the trauma.
Returning to the justice impact hearings at the Scottish Covid-19 inquiry, we also reported on the serious concerns raised by the Law Society of Scotland, who pointed out that the criminal justice system was in a “worst situation” now to withstand another pandemic than it was five years ago.
Friday
The series also looked at the “dire” shortage of defence lawyers across Scotland, and growing concerns that Scotland’s legal aid system is failing to provide “competent” representation.
Saturday
In an interview with The Scotsman, justice secretary Angela Constance addressed the time-bar concerns raised by John Logue, and said the Scottish Government was in talks with the Crown Office to avoid the “cliff edge.”
The weekend also brought an analysis piece from investigations correspondent, Martyn McLaughlin, looking at the progress that has been made by the criminal justice system tackling many of the challenges detailed in the series - and the hurdles that remain.
Sunday
Drawing on the Scottish Covid-19 inquiry’s justice impact hearings, the series also explored the workload pressures facing civil servants in key agencies in the criminal justice system, with some working until midnight, according to a leading union official.
The concluding part of the series detailed serious concerns raised by Just Right Scotland about how the ongoing disruption and delays are hitting marginalised Scots the hardest.