Worries over numbers of medically unfit avoiding trial and punishment

ABUSE campaigners fear rapists and criminals are evading justice as official figures show controversial hearings with no punishment have nearly tripled in four years.

- BY HANNAH RODGER Political Editor

Crown Office data shows the use of "examination of facts" hearings have risen exponentially since 2021.

In 2021-22 there were 37 hearings, rising to 90 by 2024-25. There are 30 scheduled for this year so far.

The specialist hearings take place when an accused person is considered medically unfit to stand trial and instead a sheriff rules on the probability of a crime having taken place.

But if wrongdoing is found, the perpetrator faces no jail time or conviction.

A top lawyer working with abuse survivors said victims feel traumatised from these types of cases while abusers often don't even attend hearings.

Kim Leslie, partner at law firm Irwin Mitchell said: "Examination of facts hearings can be a double-edged sword as on the one hand they give victims the chance to be heard but on the other it effectively means abusers are dodging punishments due to there being no conviction - in some cases they are not even added to the sex offenders register."