Scottish Government
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Review of Sheriff and Jury procedure

An independent review of the procedures for sheriff and jury criminal court cases published its final report today.

The main recommendations are:

  • To only cite witnesses to give evidence in a case once it is known the case will proceed to trial - this will result in significant savings, both in reducing inconvenience to witnesses and in the cost of citing witnesses
  • To introduce a 'new compulsory business meeting' to bring together the Crown and defence to discuss cases at an early stage of proceedings- this will result in parties being better prepared for court appearances and produce a higher number of pleas of guilty at an early stage in proceedings
  • To enhance the current statutory provisions and require the Crown and defence at First Diet to be able to inform the court about their preparation of the case and allow the court to resolve any issues to be addressed at that stage- this will mean that First Diets should work as intended as a clearing house for cases going to trial
  • To allow a longer period between the indictment of the case and the first diet - this will allow for outstanding issues to be resolved before First Diet, thereby minimising the need for continued First Diets
  • To accommodate these procedural changes, it is proposed that the statutory time limits for commencing trials in sheriff and jury cases be extended for custody cases to 140 days, this is in line with the High Court time limit

The report also proposes that legal aid provision for sheriff and jury cases should be reviewed so that it supports early resolution of cases, as it does in the High Court and in summary justice.

Alongside the recommendations for changes to procedure, the report also makes a number of practical recommendations. These include considering wider use of TV links between courts and prisons, greater use of standby arrangements for witnesses, continuity of sheriffs involved in individual cases and sheriffs taking a more rigorous approach to the issue of persons not attending for jury duty without excuse.

Sheriff Principal Bowen said:

"In carrying out this Review I have sought to identify where there is waste in the system and to come up with proposals to eliminate it. My proposals are designed to create procedures which allow for straightforward cases to be disposed of quickly whilst retaining flexibility to accommodate more complex cases.

" By introducing a compulsory business meeting and firmer enquiries by sheriffs at First Diet, I anticipate that cases being continued to further court appearances will become the exception, rather than the norm.

"These changes will off course, require a change in mindset by all parties. I have however been encouraged in my discussions with all those involved in sheriff and jury procedure during the course of this review, of their willingness to contribute views, suggest changes and indicate a willingness to participate in improving this field of criminal business.

"The reforms to High Court and summary justice over recent years provide good examples of how changes to procedures and practices can lead to criminal business being managed more efficiently .

"I have no doubt that by increasing the efficiency of sheriff and jury procedures public confidence in the criminal justice system will improve."

The review was commissioned by Justice Secretary Kenny MacAskill in April 2009 to ensure the system for sheriff and jury business is as fair, effective and efficient as possible. It was conducted by Sheriff Principal Edward Farquharson Bowen QC and followed on from previous independent reviews of the High Court, led by Lord Bonomy, and summary justice reform, led by Sheriff Principal McInnes.

The remit of the Review was to examine:

"The arrangements for sheriff and jury business, including the procedures and practices of the Sheriff Court and the rules of criminal procedure as they apply to solemn business in the Sheriff Court; and to make recommendations for the more efficient and cost-effective operation of sheriff and jury business in promoting the interests of justice and reducing inconvenience and stress to the victims and witnesses involved in cases."

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