Justice delayed is justice denied, according to William Gladstone, though the idea of prompt justice stretches back as far as Magna Carta. Documents passed to The Herald reveal plans to close 19 courts across Scotland as part of radical cost-cutting measures. In anticipation of a predicted £500m annual shortfall in the Scottish Government's budget from next year, all departments have been asked to show how they would make savings of 5%. This would leave a hole of between £8m and £16m in the Scottish Court Service's budget and, as its strategic board makes clear, this would necessitate difficult choices that would jeopardise its commitment to providing a high quality service.
Proposed cuts include closing courts, reducing dependence on part-time sheriffs and not replacing judges and sheriffs when they retire. It is suggested that these cuts could be partially offset by the use of mobile courts in some areas and by extending the hours of larger courts into the evenings and weekends.
Some of these proposals make sense. It may disrupt the golfing plans of certain members of the judiciary, but many observers have long criticised the narrow, inflexible hours of court sittings. Staggered sittings would make more efficient use of court buildings. Evening sittings might suit those in full-time employment and weekend sittings would obviate the need for those arrested on Fridays to spend the entire weekend in police cells. In addition, there would be some support for reducing the dependency on part-time sheriffs, who are sometimes perceived as lacking the experience of full-timers.
However, Scottish justice has far more to lose than gain from these proposals. In particular, they would mean victims and their families waiting longer and travelling further to obtain redress. It is hard enough to get some accused to attend their local court, let alone require them to travel to another town or city.
Recently The Herald and others criticised the Scottish Government for ditching a scheme to pilot community justice, based on a successful project developed in New York that employs the concept of fair, fast and local justice. Closing local courts in towns throughout Scotland would represent a move in the opposite direction, denying access to local justice and further lengthening the waiting time between first calling and trial. It would also represent another nail in the coffin of civic pride in once bustling communities already suffering from the closure of local facilities such as schools, garages, pubs and post offices.
The revelation that such draconian and damaging cuts are under serious consideration puts further pressure on Kenny MacAskill in his attempts to improve the efficiency of the court system. Being in government means making difficult choices but also recognising instances, such as this, where fixed costs limit the scope for economies. Some genuine savings are possible. For instance, it may be time to reconsider reducing juries from 15 to 12 in the light of these budget pressures but instituting changes that could increase waiting times by up to 31 weeks is a cut too far. Justice delayed is justice denied.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article