28/05/2026
Clive Hammond
There has been a rise in the number of serious, complex cases in the Scottish court system’s backlog, while the overall number of outstanding trials has fallen.
A report by Audit Scotland found there were 13,268 outstanding trials at the end of the 2025/26 year.
This was around a third of the peak backlog in 2022.
However, outstanding scheduled High Court trials rose to 1,002 at the end of 2025/26, almost three times pre-pandemic levels.
Scotland’s High Courts deal with the most serious criminal cases such as sex crimes and organised criminal activity.
Auditors said there had been mixed progress in efforts to improve efficiency in the courts.
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.”
Scottish Labour justice spokesperson Pauline McNeill said: “This damning report lays bare the pressure on our courts and the chaos it is causing across our justice system.
“Victims of the most serious crimes are facing shamefully long waits for justice on the SNP’s watch.
“Our courts are under pressure, frontline policing has faced damaging cuts and prisons are at breaking point – it’s not good enough.”
Paul McKinlay, executive director of court operations at the Scottish Courts and Tribunals Service, welcomed the report.
He said: “Figures released earlier this month show this has been reduced to just over 13,000 from a peak of 43,000.
“The report highlights innovative approaches to managing business such as the summary case management project which has achieved remarkable results by collaborative working and strong judicial management.”
He added: “The report also recognises the continued pressures, particularly on High Court and sheriff and jury court business, caused by growth of serious criminal cases entering the courts.
“These pressures are only projected to increase further over the next few years, placing further strain on the capacity and resources of the courts.”
Justice Secretary Neil Gray said: “Audit Scotland’s follow-up report recognises the significant progress made in reducing the court backlog since its peak in 2022, reflecting targeted investment from the Scottish Government and positive collaboration of justice partners.
“I am pleased that three of the recommendations have been achieved across such a complex landscape and recognise that there is more work to be done to strengthen delivery, transparency and reporting.
“I look forward to working with our partners to continue the work on reforming the justice system across Scotland.”