Scotland's justice system is facing a storm of criticism after shocking figures reveal a 'soft-touch' loophole allowing criminals to walk away scot-free. Exclusive data obtained by the Scottish Conservatives shows that offenders who refuse to pay a initial Fiscal Fine are often having their cases completely dropped instead of being pursued in court.
The practice, described as 'justice denied' for victims, has enabled thousands of individuals accused of serious crimes to evade a day in court. This includes cases of assault, threatening and abusive behaviour, and even domestic abuse.
The Alarming Scale of the Issue
Official statistics paint a concerning picture. In the past five years, a staggering 4,369 cases were dropped after an offered Fiscal Fine was rejected by the alleged offender. The trend is worsening, with the number of abandoned cases rising sharply from 597 in 2018-19 to 1,234 in 2022-23 – more than doubling.
Fiscal Fines are fixed-penalty notices issued by the Crown Office and Procurator Fiscal Service (COPFS) for low-level offences, intended as an alternative to prosecution. However, the system relies on the offender's acceptance. If they refuse, prosecutors are routinely choosing to discontinue the case rather than proceed to a full prosecution.
Victims Left Feeling Betrayed
This policy has left victims and their families feeling utterly betrayed by the system meant to protect them. The figures show that in the last year alone, 359 cases of threatening and abusive behaviour and 69 assault cases were dropped after a rejected fine.
One of the most alarming revelations is that 40 domestic abuse related cases were also terminated through this method, raising serious questions about the commitment to tackling violence against women.
A Failing System
Critics, including the Scottish Conservatives, are lambasting the SNP government for presiding over a failing justice system. They argue that this practice sends a dangerous message that crime can pay and undermines public confidence in legal authorities.
The Crown Office maintains that all cases are considered individually and that a range of factors influence decision-making. However, the consistent and rising number of dropped cases suggests a systemic issue rather than isolated incidents.
This controversial practice places administrative convenience above justice, leaving countless victims without recourse and allowing offenders to avoid any meaningful consequence for their actions. The growing outcry demands an urgent review of this prosecutorial policy.
