What action it is taking to reduce the disparity between the time taken for rape and attempted rape cases to reach trial in instances where…

Decisions on the scheduling of individual criminal cases are a matter for the independent Scottish Courts and Tribunals Service. It is important that delays in the criminal justice system are minimised insofar as possible and statutory time limits exist to prevent unnecessary delays in criminal cases coming to trial and help the judiciary to effectively manage the progress of cases. This is particularly important in trials for offences of rape, serious sexual assault and domestic abuse where delays can impact on complainers.Different time limits apply depending on whether an accused is in custody or in the community and prioritise cases where an accused person has been remanded in custody prior to trial, recognising the particularly importance of minimising the length of time which an accused person who has not been convicted of a criminal offence spends in custody prior to their trial.Section 65(1) of the Criminal Procedure (Scotland) Act 1995 (the 1995 Act) provides that in any case where an indictment has been served on a person, the trial must commence within 12 months. A stricter time limit applies where the accused has been remanded in custody prior to trial. Section 65(4) of the 1995 Act provides that where an accused has been remanded in custody prior to trial, the trial must commence within 140 days failing which the accused shall be released on bail. These time limits can all be extended by the court on a case-by-case basis. These time-limits apply to all cases and are not specific to rape or sexual offence cases.