Expert Lawyer Fears Rise In Hearings Means Survivors Losing Chance Of Justice

Abuse campaigners fear rapists and criminals are evading justice after official figures show examination of facts hearings have nearly trebled in just four years.

Freedom of information data show the specialised hearings have risen from 37 cases in 2021/22 to 90 cases in 2024/25. 

Examinations of facts are most often held when alleged perpetrators are deemed medically unfit to stand trial – a sheriff hears evidence then rules on whether or not it’s likely a crime occurred.

But there is no conviction or jail time and victims often feel traumatised as they have to endure cross-examination despite accused parties rarely attending at all.

The shock rise follows ex-Edinburgh Academy teacher John Young who was at the centre of an examination of facts when a sheriff ruled he carried out 26 abusive acts against pupils including sexual offences and physical assaults.

Lawyer supporting abuse survivors concerned over rise in hearings 

Campaigners fear the rise in examination hearings means more survivors and victims risk losing the chance to get the justice they deserve.

Kim Leslie is an abuse law expert and partner at Irwin Mitchell.

Expert Opinion

“This rise is deeply concerning due to implications it has for survivors and the public’s trust.

“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.

“The rise could suggest more survivors are reporting their experiences to police however it could also suggest ‘unfit to stand trial’ defences are too easily placed before the Courts which are already affected by backlogs.

“One aspect that frustrates many survivors is also the lack of transparency - they are told their attacker is unfit to be tried yet there is often little explanation around the reasons.

“Examination of facts have their place in a fair legal system but with an alarming rise over such a short space of time it might be useful to review the process to ensure the chances to secure rightful justice with full convictions and punishments are not lost.” Kim Leslie

Examination of facts data

Law firm Irwin Mitchell asked the Crown Office & Procurator Fiscal Service (COPFS) via a freedom of information (FOI) request how many examination of facts hearings took place over the last four years.

COPFS confirmed that in 2021/22 there were 37 hearings – this then doubled the following year to 74 hearings. 

Then in 2023/24 there were 91 examinations and held steady with 90 hearings last year.

The FOI response revealed that as of this month there are currently 30 more examination of facts scheduled to take place in 2025/26.

The COPFS was asked the names of alleged perpetrators involved but bosses refused on the basis that doing so would breach personal data rules.

Justice chiefs were also asked about the total cost for hearings but claimed it could not confirm as costs were not “routinely tracked” for individual cases.

Last week former Edinburgh Academy teacher John Young, 92, was ruled to have used excessive corporal punishment and behaved indecently towards boys between 1966 and 1993. 

There were 54 charges brought against Young – he denied all and was deemed not fit to stand trial at Edinburgh Sheriff Court.

However, a sheriff ruled it was beyond reasonable doubt that he was guilty of 26 of the 54 charges brought against him – yet due to ill health no further action will be taken against him.

Find out more about Irwin Mitchell's expertise in supporting survivors of abuse through civil cases at our dedicated Scottish personal injury claims section.