Monday 10 Mar 2008 @ 17:23
Scottish Government
Scottish Government
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Summary justice reforms
Sweeping reforms to Scotland's summary justice system come into force today, transforming how police, fiscals and the lower courts handle thousands of cases involving less serious offences.
The new measures, passed by the Scottish Parliament last year, will:
* reduce in summary (non-jury) courts, enabling many victims and witnesses to see cases dealt with more quickly and efficiently
* lead to more effective disposal of cases and a reduced burden on the courts and other criminal justice agencies
* provide a more immediate link between offence and punishment
Procurators fiscal will have enhanced powers for offering an accused person a 'fiscal fine' and/or the opportunity to make compensation payments as a 'direct measure' in cases that can be appropriately dealt with out of court.
Police will have powers to require those charged with offences and released on an 'undertaking' to appear at court to comply with specific extra conditions (such staying away from an area) until their first court date.
And new fines enforcement officers come into being. They will be able to provide payment advice, while also having powers, including the ability to dock wages, freeze bank accounts and seize vehicles, to tackle wilful non-payment.
A rolling process to unify the administration of all courts under the Scottish Court Service (SCS) also starts today with lay justice JP courts in Lothian and Borders coming under the agency's responsibility. The full timetable is confirmed today (in Notes below).
Justice Secretary Kenny MacAskill said:
"These reforms are key to ensuring we have a better, smarter system that delivers truly 'summary' justice in future. This is vital as summary courts deal with over 90% of criminal court business.
"By dealing more quickly and effectively with summary cases, we can provide swifter justice for victims of crime. And with a closer link between offence and disposal, we're better able to address behaviour and tackle re-offending.
"The greater use of direct measures by fiscals, in appropriate cases, can provide quicker justice and will in turn free up the courts to deal more effectively with the more serious cases that must be heard in court.
"The new fines enforcement regime, the availability of extra undertakings conditions, together with the tighter bail conditions introduced in December, are also key to securing increasing respect for, and public confidence in our criminal justice system.
"The programme of court unification will increase the efficiency of all of our courts, by bringing their administration under the umbrella of one service provider - the Scottish Court Service.
"Criminal justice agencies and the legal profession have worked hard to prepare for these reforms and much progress has been made.
"Considerable progress has also been made developing proposals to reform the Legal Aid system, to ensure appropriate legal advice and representation can be provided for those accused whose cases continue to go to court."
"Of course, we recognise that the full benefits, and the cultural changes required to truly realise their potential, won't be evident overnight.
"However, we now have in place a greatly improved system that will enable professionals to make more efficient use of resources and to support the delivery of justice that is quicker, more effective and fair to all."
Solicitor General Frank Mullholland QC added:
"The Crown Office and Procurator Fiscal Service have been working closely with the Police and the Scottish Court Service to ensure that together we can provide a modern, efficient and effective criminal justice system.
"Criminal procedure has to be fair, but we should also ensure that cases are progressed through the system as quickly as possible. Faster resolution of a case maintains the link between the crime and the penalty in the mind of the offender, and ensures that the public have confidence in the criminal justice system.
"The new measures, which include enhanced fiscal fines and Fiscal Compensation Orders, provide options for a more proportionate response. These will also help reduce unnecessary demands on the police, prosecutors and the courts."
Lothian & Borders Chief Constable David Strang, chair of the Criminal Justice Business Area for the Association of Chief Police Officers in Scotland, said:
"The Scottish Police Service welcomes the provisions that have been delivered by the summary justice reform programme. Working in partnership with the National Criminal Justice Board and the Scottish Government means the focus has been on practical measures that will allow summary cases to be dealt with speedily and effectively.
"This will reduce the number of unnecessary court appearances and adjournments making the criminal justice system more efficient, effective and focused on the needs of victims and witnesses.
"Looking to the future, as a service we are continuing to work with our partners to develop the system of formal police warnings and the prioritisation of warrants in readiness for the unification of the courts service in 2010."
On January 18, 2007 the Criminal Proceedings (Reform) (Scotland) Act 2007 (CPRA) was passed unanimously by the Scottish Parliament. It contains a range of changes to different areas of the criminal justice system which, taken together, aim to make summary justice faster, more efficient, and more visible to the communities it serves.
Significant non-legislative changes to practice and procedure are also contributing to the programme of summary justice reform. Details were published in September 2007 in the System Model paper
Both legislative and non-legislative improvements follow the recommendations of the McInnes Committee in December 2004.
As the System Model paper states, the purpose of reform is to introduce a summary justice system that is "fair to the accused, victims and witnesses, effective in deterring, punishing and helping to rehabilitate offenders, efficient in the use of time and resources, and quick and simple in delivery". It is intended, for example, that where cases can be resolved this should take place as early in the process as possible, enabling offending behaviour to be swiftly addressed; providing closure for victims and witnesses; and ensuring resources are not wasted preparing for trials that do not take place.
The first implementation phase started in December 2007, since when sheriffs have been able to hear more serious cases, (those which may result in prison sentences of up to one year) under summary procedure - easing the demand on the number of people having to attend court as jurors. Local Justices of the Peace have also undergone additional training to equip them for dealing with a slightly more serious range of cases which previously had to be dealt with in a sheriff court.
From today, the Scottish Court Service (SCS) is responsible for the administration of the former District Courts - now Justice of the Peace Courts (JP Courts) in Lothian and Borders.
SCS already administers the Court of Session, High Court and Sheriff Courts. These changes are progressively being introduced throughout Scotland with Grampian, Highlands and Islands Sheriffdom scheduled to unify their administration in June.
The timetable for the remaining Sheriffdoms can be confirmed as: Glasgow - December 2008; Tayside, Central and Fife - February 2009; South Strathclyde, Dumfries & Galloway - June 2009; North Strathclyde - October 2009.
Related Information
The new measures, passed by the Scottish Parliament last year, will:
* reduce in summary (non-jury) courts, enabling many victims and witnesses to see cases dealt with more quickly and efficiently
* lead to more effective disposal of cases and a reduced burden on the courts and other criminal justice agencies
* provide a more immediate link between offence and punishment
Procurators fiscal will have enhanced powers for offering an accused person a 'fiscal fine' and/or the opportunity to make compensation payments as a 'direct measure' in cases that can be appropriately dealt with out of court.
Police will have powers to require those charged with offences and released on an 'undertaking' to appear at court to comply with specific extra conditions (such staying away from an area) until their first court date.
And new fines enforcement officers come into being. They will be able to provide payment advice, while also having powers, including the ability to dock wages, freeze bank accounts and seize vehicles, to tackle wilful non-payment.
A rolling process to unify the administration of all courts under the Scottish Court Service (SCS) also starts today with lay justice JP courts in Lothian and Borders coming under the agency's responsibility. The full timetable is confirmed today (in Notes below).
Justice Secretary Kenny MacAskill said:
"These reforms are key to ensuring we have a better, smarter system that delivers truly 'summary' justice in future. This is vital as summary courts deal with over 90% of criminal court business.
"By dealing more quickly and effectively with summary cases, we can provide swifter justice for victims of crime. And with a closer link between offence and disposal, we're better able to address behaviour and tackle re-offending.
"The greater use of direct measures by fiscals, in appropriate cases, can provide quicker justice and will in turn free up the courts to deal more effectively with the more serious cases that must be heard in court.
"The new fines enforcement regime, the availability of extra undertakings conditions, together with the tighter bail conditions introduced in December, are also key to securing increasing respect for, and public confidence in our criminal justice system.
"The programme of court unification will increase the efficiency of all of our courts, by bringing their administration under the umbrella of one service provider - the Scottish Court Service.
"Criminal justice agencies and the legal profession have worked hard to prepare for these reforms and much progress has been made.
"Considerable progress has also been made developing proposals to reform the Legal Aid system, to ensure appropriate legal advice and representation can be provided for those accused whose cases continue to go to court."
"Of course, we recognise that the full benefits, and the cultural changes required to truly realise their potential, won't be evident overnight.
"However, we now have in place a greatly improved system that will enable professionals to make more efficient use of resources and to support the delivery of justice that is quicker, more effective and fair to all."
Solicitor General Frank Mullholland QC added:
"The Crown Office and Procurator Fiscal Service have been working closely with the Police and the Scottish Court Service to ensure that together we can provide a modern, efficient and effective criminal justice system.
"Criminal procedure has to be fair, but we should also ensure that cases are progressed through the system as quickly as possible. Faster resolution of a case maintains the link between the crime and the penalty in the mind of the offender, and ensures that the public have confidence in the criminal justice system.
"The new measures, which include enhanced fiscal fines and Fiscal Compensation Orders, provide options for a more proportionate response. These will also help reduce unnecessary demands on the police, prosecutors and the courts."
Lothian & Borders Chief Constable David Strang, chair of the Criminal Justice Business Area for the Association of Chief Police Officers in Scotland, said:
"The Scottish Police Service welcomes the provisions that have been delivered by the summary justice reform programme. Working in partnership with the National Criminal Justice Board and the Scottish Government means the focus has been on practical measures that will allow summary cases to be dealt with speedily and effectively.
"This will reduce the number of unnecessary court appearances and adjournments making the criminal justice system more efficient, effective and focused on the needs of victims and witnesses.
"Looking to the future, as a service we are continuing to work with our partners to develop the system of formal police warnings and the prioritisation of warrants in readiness for the unification of the courts service in 2010."
On January 18, 2007 the Criminal Proceedings (Reform) (Scotland) Act 2007 (CPRA) was passed unanimously by the Scottish Parliament. It contains a range of changes to different areas of the criminal justice system which, taken together, aim to make summary justice faster, more efficient, and more visible to the communities it serves.
Significant non-legislative changes to practice and procedure are also contributing to the programme of summary justice reform. Details were published in September 2007 in the System Model paper
Both legislative and non-legislative improvements follow the recommendations of the McInnes Committee in December 2004.
As the System Model paper states, the purpose of reform is to introduce a summary justice system that is "fair to the accused, victims and witnesses, effective in deterring, punishing and helping to rehabilitate offenders, efficient in the use of time and resources, and quick and simple in delivery". It is intended, for example, that where cases can be resolved this should take place as early in the process as possible, enabling offending behaviour to be swiftly addressed; providing closure for victims and witnesses; and ensuring resources are not wasted preparing for trials that do not take place.
The first implementation phase started in December 2007, since when sheriffs have been able to hear more serious cases, (those which may result in prison sentences of up to one year) under summary procedure - easing the demand on the number of people having to attend court as jurors. Local Justices of the Peace have also undergone additional training to equip them for dealing with a slightly more serious range of cases which previously had to be dealt with in a sheriff court.
From today, the Scottish Court Service (SCS) is responsible for the administration of the former District Courts - now Justice of the Peace Courts (JP Courts) in Lothian and Borders.
SCS already administers the Court of Session, High Court and Sheriff Courts. These changes are progressively being introduced throughout Scotland with Grampian, Highlands and Islands Sheriffdom scheduled to unify their administration in June.
The timetable for the remaining Sheriffdoms can be confirmed as: Glasgow - December 2008; Tayside, Central and Fife - February 2009; South Strathclyde, Dumfries & Galloway - June 2009; North Strathclyde - October 2009.
Related Information
http://www.scotland.gov.uk/Topics/Justice/criminal/criminalprocedure/19008/10March08
http://www.scotland.gov.uk/News/Releases/2008/03/07082841
