Rape convictions have soared despite pandemic backlog for Scotland’s courts

Rape convictions soared in 2021-22 as Scotland’s courts attempted to deal with a massive backlog caused by the pandemic, figures show.

National statistics published by Scotland’s chief statistician showed how the justice system was recovering from the pandemic but were not reflective of long-term trends due to the disruption caused by Covid-19.

Sentences handed out were on average 14% longer in 2021-22 than the previous year, and convictions increased across all categories.

During 2021-22, convictions for rape and attempted rape rose to 160 people – an increase of 105% from 2020-21, when 78 people were convicted.

The total number of people proceeded against in Scottish courts rose by 45% to 67,643 in the year 2021-22, and the number of people convicted also rose at a similar rate, up 39% to 59,295, following steep falls as a result of reduced court activity in 2020.

Convictions for sexual crimes were up 52%, while violent crimes rose 37%.

Custodial sentences represented 14% of sentences imposed in 2021-22, and the average length of a custodial sentence in 2021-22 was 376 days, which is 14% longer than in 2020-21 (329 days), excluding life sentences.

The number of people convicted of a crime with a statutory domestic abuse aggravation increased by 20% in 2021-22, up to 7,803 convictions from 6,529 in 2020-21.

In 2021-22, 24% (14,160) of people convicted were given a community sentence, a 45% increase from 2020-21 (9,783).

The number of bail orders remained relatively static (24,538 in 2021-22 compared with 24,645 in 2020-21). There were 24,615 undertakings to appear in court, a fall of 2% from 2020-21 (25,073 undertakings).

Recorded police warnings made up 65% (20,245) of all police disposals this year and most were issued for drugs offences, breach of the peace, and common assault, while police disposals rose by 2% over the year to 31,247 in 2021-22.

The number of Crown Office and Procurator Fiscal Service (COPFS) disposals – another alternative to court – decreased by 5% between 2020-21 and 2021-22, with by a 28% decrease in the number of fiscal warnings, although the same span saw increases in fiscal fixed penalties (up 12%) and fiscal combined fines and compensation (up 35%).

COPFS and the Scottish Courts and Tribunals Service have been contacted for comment.