But there is growing concern that the latest justice analysis shows sexual offence cases are taking a median of two years and 11 months to travel from reporting to conclusion — the longest journey time of any type of case.
Rape Crisis Scotland said that the delays are “unacceptable and distressing”.
First Minister John Swinney has previously described the rate of violence against women and girls in Scotland as a “national emergency”.
Public spending auditors have warned in a briefing that those journey times “are going up” as the Scottish Government analysis indicates that sexual offence cases now make up around 70% of High Court trial.
The Crown Office and Procurator Fiscal Service (COPFS) says sexual offence cases are among the most serious and complex, but it is taking action to reduce delays and ensure cases are progressed as quickly as possible while maintaining fair prosecution standards.
The Scottish Government says it recognises the impact of delays on victims, but argues increased cases reflect greater confidence in reporting and says it is expanding High Court capacity, pre-recorded evidence and a specialist Sexual Offences Court to tackle delays.
It is in stark contrast to Scotland’s criminal courts, where the overall backlog has fallen substantially since the Covid pandemic while the most serious cases continue to pile up.
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Audit Scotland, which is looking into backlogs in criminal courts, found there were 13,268 outstanding scheduled trials at the end of 2025/26, down 52% from 27,406 at the end of 2022/23 and 70% from the peak of 43,606 reached in January 2022. But the fall has been concentrated in the courts dealing with less serious cases, while the High Court backlog has continued to rise.
There were 1,002 outstanding scheduled High Court trials at the end of 2025/26, compared with 390 at the end of 2019/20, an increase of 157%. Sheriff solemn cases, which also involve serious crimes and jury trials, stood at 1,078 at the end of 2025/26, more than twice the 497 recorded before the pandemic.
Audit Scotland said the criminal justice system has undergone a fundamental change in the type of cases coming before the courts, with a continuing increase in serious and complicated cases including historical sexual abuse, serious organised crime, counter-terrorism and human trafficking.
Such cases, they said can involve several victims and accused people, are less likely to be resolved at an early stage and are more likely to involve late guilty pleas and lengthy trials.
Rape Crisis Scotland external affairs manager Nicola Love said: “No survivor of rape should have to wait for three years to access justice.
“Survivors often tell us that it feels as if their whole life is in limbo while waiting for a case to conclude. It can have a profoundly negative impact on their personal lives, their jobs, and access to education.
“These delays are unacceptable and distressing and the impact is really simple: fewer survivors will choose to engage with the criminal justice process if it is going to take this long.
“We need real action to tackle these delays, including the implementation of a specialist sexual offence court.”
It comes as the overall pressure on the High Court increased sharply in the year to March 2026, with the number of indictments registered for trial rising by 26%, from 1,105 in 2024/25 to 1,393 in 2025/26. The latest journey-time figures show that sexual offence cases have been moving against the general trend in the criminal courts.
In 2024-25, the median journey time for an accused person charged with at least one sexual crime who received a verdict in the High Court was 1,069 days, or two years and 11 months.
That was 22 days longer than in 2023-24. The increase was greater for rape and attempted rape cases, where the median journey time rose by 36 days, or four per cent, from 1,026 days in 2023-24 to 1,062 days in 2024-25. Mr Boyle’s warning was contained in a written briefing to MSPs It comes as it emerged there is no timeline or funding for Scotland’s new sexual offences court.
Legislation establishing a dedicated court for crimes such as rape was passed in September 2025.
The head of Scotland’s courts services has told MSPs there was currently no timeline for setting it up.
Malcolm Graham, chief executive of the Scottish Courts and Tribunals Service (SCTS), said there were “too many variables for me to try and put a date on it now”, adding that “it’s not something that’s entirely within my control”.
Catriona Dalrymple, director for justice at the Scottish Government, said no money to create the court had been allocated yet.
But she has informed the parliament’s public audit committee she was “anticipating that that will be part of the budget round for 27-28”, which the finance secretary will announce in early December.
A spokesperson for the Crown Office and Procurator Fiscal Service said: “Sexual offences are among the most serious and complex cases prosecuted in Scotland, and we recognise the profound impact that delay can have on victims, witnesses and their families.
“Pressure is being felt across the justice system and COPFS is taking action in areas within its control while working with others to reduce delays.
“Prosecutors continue to prioritise cases of sexual offending, prepare them carefully and work with justice partners to progress them at the earliest appropriate opportunity.
“We are identifying cases for early resolution where appropriate and ensuring cases are prosecuted in the court best placed to deal with them effectively.
“Our priority is to ensure cases are progressed properly and as quickly as possible, while maintaining standards required for fair and effective prosecution.”
Victims minister Kirsten Oswald said: “I recognise the impact of the increased volume of High Court cases which require significant time and resource to prepare, on victims and witnesses. While no one wants to see cases taking longer than necessary, the increase in cases is a testament to the confidence of individuals to report crime and the response of the justice system investigating and taking forward prosecutions.
“We are providing targeted investment to ensure victims and witnesses experience a more efficient, trauma-informed justice system.
This year we have increased funding to the Scottish Courts and Tribunals Service to £153.5 million and continue to support justice partners to address court backlogs.
From January, High Court capacity will increase to 26 trial courts a day compared to 16 at the start of the decade and we have expanded the use of pre-recorded evidence, allowing more victims to give their evidence in advance of trial.
“Last year we legislated to introduce a specialist, trauma informed Sexual Offences Court, as part of the Victims, Witnesses, and Justice Reform Act. The Court is crucial to creating a sustainable model for the management of sexual offence cases and delivering improvements for victims.”
Source: www.heraldscotland.com
