ineffectiveness

• why courts are ineffective- reoffending is high

  ​One reason why criminal courts are ineffective is because reoffending rates are quite high. Reoffending refers to people coming out of prison have not addressed the reasons why they were jailed and commit more crimes. This suggests the courts are ineffective as the original sentence may not have been sufficient or effective and rehabilitation may not have been issued. In 2019-20 the reoffending rate in Scotland was 24.1%
• why courts are ineffective - not proven verdict

  One reason why criminal courts are ineffective is because of the not proven verdict.

  This is because this verdict is linked to low conviction rates in rape and sexual assault trials, which can mean that potential perpetrators of sexual violence are not punished for their actions. This is ineffective as victims are unable to find closure from the crimes committed against them.

  For example, in 2019/2020, ‘Not Proven’ made up 44% of rape and attempted rape acquittals. compared with 20% for all crimes and offences.
• why are courts ineffective - the public aren’t confident

  According to the Scottish Crime and Justice Survey 2019/20, the public were generally confident in the Criminal Justice System, however they were less confident in a number of areas, such as the Courts’ ability to deal with cases efficiently and giving sentences suitable for a crime committed. This suggests that the courts could be doing more to give out more appropriate sentences. 

  For example, only 35% of the public were “confident” that the Scottish Justice System gave sentences which fit the crime.