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BBC News
17 hours ago
- Politics
- BBC News
Trial delays for most serious crimes set to grow longer
The most serious cases coming before Scotland's courts could be faced with even longer delays, despite the system's ongoing recovery from the Covid number of cases waiting to go on trial in the overall court system is now lower than at any time since the first lockdown was imposed in March at the same time there has been a significant increase in cases sent to the High Court, which deals with offences including murder, attempted murder, rape, terrorism and death by dangerous a limited pool of judges and defence lawyers and no scope to increase capacity, the backlog at that level is now expected to build. In Scotland, criminal cases are heard in three types of courts: the High Court of Justiciary, Sheriff Courts, and Justice of the Peace the year before Covid, 1,024 cases were registered at the High are predicting that is going to rise to 1,404 this financial year, a 40% increase on the figure before the pandemic. The average waiting time between an accused pleading not guilty and their High Court trial had been falling but is now creeping back year it is expected to be 43 weeks, compared to 22 before the Support Scotland says it is not unusual for cases to take as long two years to get to court after the initial incident or organisation's chief executive Kate Wallace said: "It's too traumatising for people."Having to try to remember and keep that memory of what happened in the forefront of their mind so they can give good evidence at court, asking people to do that for two years and longer, it's inhumane."We need to recognise that what we're asking of people is not in the interests of justice." Before the pandemic, the number of scheduled trials across the whole system was 18, peaked at 43,606 in January 2022 but introducing extra courts and using cinemas as Covid-safe jury centres helped get the backlog down. It's now standing at 17,873. Malcolm Graham, chief executive at the Scottish Courts and Tribunals Service, is calling for a multi-million pound investment to modernise the system and relieve pressure on the High Court. He said: "I'm very concerned about the position in the High Court. I'm acutely aware that it has a huge impact on victims and witnesses and the accused."If cases take longer, there's a danger that justice isn't best served and that's not what our ambition is."Mr Graham argues that Scotland's courts are in desperate need of more digital infrastructure and technology, emulating a £1bn investment in the courts in England and Wales."The criminal justice system at the moment is largely a paper based system and that slows everything down," he said."It doesn't appear to be an option for public services to just keep growing. We have to get targeted investment into technology and better ways of working." Senior defence lawyer Tony Lenehan KC, vice-dean of the Faculty of Advocates, said increased funding for prosecutors has allowed more cases to be brought forward and should be matched with increased funding for the courts service."If there are no changes to the resources available to the courts, you're going to inevitably have longer delays both for witnesses waiting to give the important evidence and for people, potentially held in custody, awaiting trial," he said."The (Scottish) government needs to look again at the fact that although they've invested more in the prosecution, they need to invest more again in the courts, to allow the bandwidth to be expanded, so that we can deal with things at the rate and the efficiency that we presently are."A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) said: "Together with our criminal justice sector partners, we are working at pace to respond to the increase in cases reported to us, and to address the changing landscape of increasingly complex prosecutions." Digital evidence sharing The Scottish government said it had provided over £201m to help the system recover from the impact of the pandemic, including £20.3m for the Scottish Courts and Tribunals Service for the current financial year."Scotland is the only part of the UK to have brought court backlog levels back down to below Covid levels," said a government says journey times in criminal court cases are being reduced through digital evidence sharing and an initiative called summary case management, which has also resulted in more cases being resolved at an earlier stage without going to believes that two bills currently before parliament will also be key to modernising the justice system.
The Herald Scotland
19-06-2025
- Politics
- The Herald Scotland
Over 150 violent criminals freed early in prison overcrowding crisis
The Scottish Prison Service say overcrowding is having "an increasingly destabilising effect" on the system and that more must be done across the justice system to combat the problem. Its warning comes as it released detailed data on the nature of the prisoners who were freed under the Scottish Government's early release measures in February and March this year. The figures revealed that almost half of the total 312 prisoners freed under the scheme a total of 152 were serving sentences after being convicted of non-sexual violent crimes. READ MORE: Scotland facing 'critical risk' from overcrowding in prisons Riot fears amid record prisoner numbers and overcrowding Governors want early release scheme for serious offenders I spent the day inside HMP Low Moss and here's what I found The second most common offence committed by those released was 'crimes against society', which includes drug-related crimes. A total of 69 prisoners who had been convicted of this category of crime were released, making up 22% of the total released. The data also showed that 83 prisoners were released into the Glasgow area with 65 freed from the city's HMP Barlinnie, while 49 offenders were freed from Polmont and 37 from Low Moss. A Scottish Prison Service spokesman told The Herald that the figures were released in the interests of transparency but warned of significant and continuing pressures on prisons from overcrowding. 'Working with the Scottish Government, and our partners, we released people through these tranches in a way which prioritised the safety and wellbeing of those in our care, victims, and the communities we serve," he said. READ MORE: Demand for more homes after tax rise on second properties proposal defeat SNP minister rejects claim child poverty targets will be 'substantially missed' North Sea oil and gas company fined after workers plunged into water-filled shaft Swinney programme failed to mention independence – so why all the talk now? 'We have been open and transparent throughout, publishing the number of individuals released at each stage, and this publication continues that approach. 'While these releases have provided some respite, our staff continue to manage an extremely high and complex population, with eight prisons now at red risk status, and the number of people in custody set to rise even further." He added: 'This has an increasingly destabilising effect on our establishments, with staff unable to do the critical work of building relationships and supporting rehabilitation, and prisoners frustrated by the impact on their daily lives and the opportunities available to them. 'We need to see a reduction in our population, so we fully support people in our care, reduce their risk of reoffending, and help build the safer communities we all want to see.' Kate Wallace, Chief Executive of Victim Support Scotland, acknowledged that work had been done to attempt to reduce prison populations, but that the number of prisoners remained "basically unchanged" from this time last year. "There has been no tangible change for victims of crime. Only 2% of victims were notified of the prisoner in their case's release last year through the Victim Notification Scheme, and the most recent figures for this year are equally low," she said. "The recent Scottish Crime and Justice Survey for 2023/24 shows decreasing confidence in the criminal justice system - this has been a repeated trend for the last five years. Measures like these early release schemes contribute to this erosion of trust. "Just last week, changes were also made to Home Detention Curfew legislation - prisoners serving less than four years are now eligible for HDC after serving 15% of their sentence instead of 25%, meaning they will spend less time in prison and longer in the community. "This is concerning, especially given the current lack of capacity for prisoner rehabilitation, as highlighted by the Scottish Prison Service." She added: "While we're pleased that action is finally being taken to improve the Victim Notification Scheme, this lags behind the pace of changes to prisoner release. "Our concern as ever is the safety and wellbeing of people impacted by crime - if victims aren't informed, they can't plan for their safety and even risk meeting perpetrators unexpectantly in their community. "We fear further Emergency Early Release programmes alongside Prisoner Early Release and revised Home Detention Curfew regulations, begging the question of any meaningful prison sentence or rehabilitation for offenders." The revelations come weeks after The Herald published a major week long series on overcrowding in Scotland's prisons. Our work was prompted by the emergency early release of hundreds of short term prisoners (those serving up to four years) last summer and by the legislation last autumn changing the automatic release point from 50% to 40% of their sentence which led to the 312 prisoners being freed in February and March. Some short term prisoners were barred from these scheme including those convicted of domestic violence or sexual offences. The measures were brought in following warnings about overcrowding by governors and inspectors. However, speaking to The Herald in April, the Prison Governors Association for Scotland chair Natalie Beal warned the early release scheme for short term prisoners would not be sufficient to tackle overcrowding and prisons were at risk of being 'clogged up' by long-term prisoners. She urged ministers to return to a scheme scrapped almost a decade ago by Alex Salmond's SNP government which had allowed all long-term prisoners to be released two thirds through their sentence (meaning they served at least one third of their sentence in the community.) But this was changed by the Prisoners (Control of Release) (Scotland) Act 2015, brought in by the then justice secretary Michael Matheson meaning long term prisoners were released six months before the end of their sentence on non-parole licence. Before the change to the law a long-term prisoner could apply for parole half way through his or her sentence. If the prisoner was not successful, he or she would be released two thirds through the sentence on non parole licence (meaning the prisoner could be recalled if licence conditions were breached). However since 2016, while a long term prisoner can still apply for parole half way through his or her sentence, if unsuccessful he or she cannot be released two thirds through the sentence and must wait six months before the sentence ends to be released on licence. A Scottish Government spokeswoman said: 'As is known the prison population has become more complex and risen significantly recently. We are taking a range of actions to manage the prison population including through increased investment in the Scottish Prison Service resource budget by 10% to £481.5 million in 2025/26. "In addition we changed the point of release for most short-term prisoners – those serving sentences of less than four years - from 50% to 40%. Most of those released were serving sentences of less than two years, therefore, their release was less than three months ahead of their original date. The Scottish Government considers that this is a proportionate change which is bringing about a sustained reduction in the prison population and relieving some of the acute pressure on the prison estate.'
The Herald Scotland
18-06-2025
- Politics
- The Herald Scotland
Scores of violent offenders freed in overcrowding crisis
The Scottish Prison Service say overcrowding is having "an increasingly destabilising effect" on the system and that more must be done across the justice system to combat the problem. Its warning comes as it released detailed data on the nature of the prisoners who were freed under the Scottish Government's early release measures in February and March this year. The figures revealed that almost half of the total 312 prisoners freed under the scheme a total of 152 were serving sentences after being convicted of non-sexual violent crimes. READ MORE: Scotland facing 'critical risk' from overcrowding in prisons Riot fears amid record prisoner numbers and overcrowding Governors want early release scheme for serious offenders I spent the day inside HMP Low Moss and here's what I found The second most common offence committed by those released was 'crimes against society', which includes drug-related crimes. A total of 69 prisoners who had been convicted of this category of crime were released, making up 22% of the total released. The data also showed that 83 prisoners were released into the Glasgow area with 65 freed from the city's HMP Barlinnie, while 49 offenders were freed from Polmont and 37 from Low Moss. A Scottish Prison Service spokesman told The Herald that the figures were released in the interests of transparency but warned of significant and continuing pressures on prisons from overcrowding. 'Working with the Scottish Government, and our partners, we released people through these tranches in a way which prioritised the safety and wellbeing of those in our care, victims, and the communities we serve," he said. READ MORE: Demand for more homes after tax rise on second properties proposal defeat SNP minister rejects claim child poverty targets will be 'substantially missed' North Sea oil and gas company fined after workers plunged into water-filled shaft Swinney programme failed to mention independence – so why all the talk now? 'We have been open and transparent throughout, publishing the number of individuals released at each stage, and this publication continues that approach. 'While these releases have provided some respite, our staff continue to manage an extremely high and complex population, with eight prisons now at red risk status, and the number of people in custody set to rise even further." He added: 'This has an increasingly destabilising effect on our establishments, with staff unable to do the critical work of building relationships and supporting rehabilitation, and prisoners frustrated by the impact on their daily lives and the opportunities available to them. 'We need to see a reduction in our population, so we fully support people in our care, reduce their risk of reoffending, and help build the safer communities we all want to see.' Kate Wallace, Chief Executive of Victim Support Scotland, acknowledged that work had been done to attempt to reduce prison populations, but that the number of prisoners remained "basically unchanged" from this time last year. "There has been no tangible change for victims of crime. Only 2% of victims were notified of the prisoner in their case's release last year through the Victim Notification Scheme, and the most recent figures for this year are equally low," she said. "The recent Scottish Crime and Justice Survey for 2023/24 shows decreasing confidence in the criminal justice system - this has been a repeated trend for the last five years. Measures like these early release schemes contribute to this erosion of trust. "Just last week, changes were also made to Home Detention Curfew legislation - prisoners serving less than four years are now eligible for HDC after serving 15% of their sentence instead of 25%, meaning they will spend less time in prison and longer in the community. "This is concerning, especially given the current lack of capacity for prisoner rehabilitation, as highlighted by the Scottish Prison Service." She added: "While we're pleased that action is finally being taken to improve the Victim Notification Scheme, this lags behind the pace of changes to prisoner release. "Our concern as ever is the safety and wellbeing of people impacted by crime - if victims aren't informed, they can't plan for their safety and even risk meeting perpetrators unexpectantly in their community. "We fear further Emergency Early Release programmes alongside Prisoner Early Release and revised Home Detention Curfew regulations, begging the question of any meaningful prison sentence or rehabilitation for offenders." The revelations come weeks after The Herald published a major week long series on overcrowding in Scotland's prisons. Our work was prompted by the emergency early release of hundreds of short term prisoners (those serving up to four years) last summer and by the legislation last autumn changing the automatic release point from 50% to 40% of their sentence which led to the 312 prisoners being freed in February and March. Some short term prisoners were barred from these scheme including those convicted of domestic violence or sexual offences. The measures were brought in following warnings about overcrowding by governors and inspectors. However, speaking to The Herald in April, the Prison Governors Association for Scotland chair Natalie Beal warned the early release scheme for short term prisoners would not be sufficient to tackle overcrowding and prisons were at risk of being 'clogged up' by long-term prisoners. She urged ministers to return to a scheme scrapped almost a decade ago by Alex Salmond's SNP government which had allowed all long-term prisoners to be released two thirds through their sentence (meaning they served at least one third of their sentence in the community.) But this was changed by the Prisoners (Control of Release) (Scotland) Act 2015, brought in by the then justice secretary Michael Matheson meaning long term prisoners were released six months before the end of their sentence on non-parole licence. Before the change to the law a long-term prisoner could apply for parole half way through his or her sentence. If the prisoner was not successful, he or she would be released two thirds through the sentence on non parole licence (meaning the prisoner could be recalled if licence conditions were breached). However since 2016, while a long term prisoner can still apply for parole half way through his or her sentence, if unsuccessful he or she cannot be released two thirds through the sentence and must wait six months before the sentence ends to be released on licence. A Scottish Government spokeswoman said: 'As is known the prison population has become more complex and risen significantly recently. We are taking a range of actions to manage the prison population including through increased investment in the Scottish Prison Service resource budget by 10% to £481.5 million in 2025/26. "In addition we changed the point of release for most short-term prisoners – those serving sentences of less than four years - from 50% to 40%. Most of those released were serving sentences of less than two years, therefore, their release was less than three months ahead of their original date. The Scottish Government considers that this is a proportionate change which is bringing about a sustained reduction in the prison population and relieving some of the acute pressure on the prison estate.'
BBC News
05-03-2025
- Politics
- BBC News
New proposals to expand victim notification scheme
More victims could be given access to information about the person who committed a crime against them and have a say on decisions about their release under new government people can register with the Victim Notification Scheme (VNS) if the offender in their case has been sentenced to 18 months or more in prison, or with the Victim Information Scheme if the sentence was less than 18 proposals would see all victims having access to the same information regardless of the length of the offender's Scottish government said the reforms put victims rights at the "heart of the justice system". The plans would also give all victims the right to make representations where an offender is being considered for release on licence – and on the licence conditions they would like to see the moment this entitlement only applies where an offender was sentenced to four years or more in Minister Siobhian Brown said: "These changes recognise that a victim's rights should not hinge on the length of sentence that the perpetrator is serving."We want victims to know their rights to receive information and to be supported to make informed choices on whether they wish to do so. We will continue to work closely with victims' representatives as we take forward these reforms."The range of information available through the VNS for victims of offenders in the forensic mental health system who are subject to a compulsion order and restriction order would also be latest plans are being introduced as proposed amendments to the Victims, Witnesses, and Justice Reform (Scotland) Bill, the next stage of which begins in the Scottish Parliament next bill also proposes a pilot scheme for juryless rape trials and abolishing the "not proven" verdict. The reform proposals, which will be voted on by MSPs, come amid a scheme which to release a number of criminals from jail early to help ease the prison Support Scotland, said they welcome the move but "many more improvements are urgently needed".Chief executive Kate Wallace said: "It has been nearly two years now since improvements to the VNS were recommended to the Scottish government through an independent review in May 2023."While early release schemes have passed swiftly through Holyrood in the last year, improvements to the VNS have languished while hundreds of prisoners were released early - with only 2% of their victims notified in last summer's emergency early release scheme."
Sky News
18-02-2025
- Politics
- Sky News
Early release of hundreds of prisoners in Scotland begins
The early release of prisoners in Scotland continues today with hundreds of inmates expected to be set free over the next few weeks. Emergency legislation was passed by MSPs in November in a bid to ease overcrowding in the nation's jails. Short-term inmates serving less than four years will now be set free after serving 40% of their sentence as opposed to the previous 50%. The Prisoners (Early Release) (Scotland) Act - which came into force last week - also applies to prisoners sentenced from now on. An estimated 260 to 390 inmates will be released in three tranches, beginning on Tuesday. Prisoners serving sentences for domestic abuse or sexual offences are excluded from the new scheme. In the long term, the Scottish government said the change could result in a sustained reduction of about 5% to the sentenced prison population. According to the latest SPS data, Scotland's prison population was 8,289 on 6 February - above the target operating capacity of 8,007. Justice Secretary Angela Constance previously said: "While not a complete solution, this act will bring sustained reduction to prisoner numbers so the prison estate can continue to function effectively." The victim notification scheme (VNS) remains unchanged. Those who have signed up for the scheme will be informed automatically by the Scottish Prison Service (SPS) if there is a change to the release date of the prisoner in their case. Victims who are not signed up can contact the SPS directly for the information. They can also nominate Victim Support Scotland (VSS), Rape Crisis Scotland, ASSIST or Children First to receive the information on their behalf. Information on the number of prisoners set free at each tranche and how many victims notified will be published within two months of the initial release. A total of 477 inmates were let out early in four tranches last summer as part of efforts to ease overcrowding, with 57 returning to prison within weeks after reportedly committing further crimes. Kate Wallace, chief executive of VSS, said "only 2% of victims were notified" the last time prisoners were released early. Meanwhile, the projected cost of a new prison replacing Scotland's notorious HMP Barlinnie has more than doubled to almost £1bn. The opening of HMP Glasgow has also been delayed again to 2028, three years later than originally planned. MSP Liam Kerr, the Scottish Conservative's shadow justice secretary, said: "The release of more dangerous criminals today poses an immediate threat to public safety. "The overcrowding in Scotland's prisons is a crisis entirely of the SNP's own making, with their catastrophic failure to build new prisons on time and on budget. "With the costs for a replacement Barlinnie set to hit an outrageous billion pounds, it sums up how detached SNP politicians are from the real world. "It is just common sense that prisoners should serve their sentences in full. However, under the soft-touch SNP, criminals are shamefully getting a free pass yet again."
