Legislation / Legal
MoJ: The government claims to have published measures to give the public confidence when tackling criminals. The reforms are claimed to ‘clarify & reinforce the law, articulating the state's responsibility to stand by those acting in good faith when using force in self defence’.
The reforms come as amendments to the Criminal Justice and Immigration Bill and they are intended to give the public confidence that the law is on their side if they act reasonably in using force, including the fact that:
* they acted instinctively
* they feared for their safety or that of others, and acted based on their perception of the threat faced and the scale of that threat
* the level of force used was not excessive or disproportionate in the circumstances as they viewed them
The law clarifies the existing common law defences and the statutory provisions under the Criminal Law Act 1967. The government claims that it will enhance the understanding of when force is 'reasonable' as applied in a range of different circumstances, including the householder defending their home and the passer-by intervening in a criminal incident in the street. The amendments will be debated in Parliament at Report Stage of the Bill on 9 January 2007.
ScotGov: Following the passage of the Criminal Proceedings (Reform) (Scotland) Act 2007, ScotGov is implementing a range of measures to make the summary justice system swifter and more focused on the needs of victims, witnesses and accused.
Since 10 December 2007, sheriffs have been allowed 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. At the same time local Justices of the Peace have 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.
Alongside these changes, more low level offences will be dealt with outside the court system through an enhanced range of direct measures, including increased fiscal fine levels for prosecutors, which come into force on 10 March 2008. That date will also see fines enforcement officers taking on responsibility for the collection & enforcement of fines, with the aim of freeing up court and police time and improving payment rates.
As part of the reform process, the management of lay justice will transfer from local authorities to a unified system under the Scottish Court Service. The SCS will take over the running of JP courts in Lothian & Borders in March 2008, with a similar set-up being introduced in Grampian, Highlands & Islands in June 2008.
