Monday 07 Jan 2008 @ 11:08
Scottish Government
Scottish Government
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Smarter summary justice system for 2008
New legal reforms will bring Scotland closer to achieving a truly 'summary' justice system over the next year, the Justice Secretary said recently.
Analysis of summary court cases (those heard without a jury) disposed of since the start of this financial year shows that a third have taken more than six months to conclude.
Following the passage of the Criminal Proceedings (Reform) (Scotland) Act 2007, the Scottish Government 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 December 10, 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 March 10, 2008.
That date will also see fines enforcement officers taking on responsibility for the collection and enforcement of fines, with the aim of freeing up court and police time and improving payment rates.
Mr MacAskill said:
"Independence and fairness remain at the core of Scotland's criminal justice system.
"However, the system must adapt as Scottish society changes - modernising to cope with new challenges while retaining the principles on which its reputation has been built.
"Over 90 per cent of all cases that call in our criminal courts are summary cases and these reforms will help lay the foundations for the kind of justice system that will deal quickly and efficiently with offenders and help break the cycle of reoffending.
"With a third of 'summary' justice cases currently remaining unresolved after six months, too many victims and witnesses face protracted, uncertain and often stressful delays, while police officers are too often stuck in court waiting rooms rather than on the beat.
"There is simply too much delay and inefficiency at the moment.
"Our vision for a quicker, more efficient and more effective summary justice system is one shared by all sides of the Parliament.
"The reforms will help introduce a system that is more responsive to the needs of victims and witnesses but remains firmly rooted in the principles of fairness, independence and integrity on which our entire justice system is based.
"There is still much to do but these reforms arrive at a crucial phase, building on the successful reforms to solemn procedures in the High Court.
"We must seize the opportunity to ensure we have a modern summary justice system - one that is truly summary in practice, as well as in name - and one that is fit for a safer, stronger Scotland in the 21st Century."
On January 18, 2007 the Criminal Proceedings (Reform) (Scotland) Act 2007 (CPRA) was passed with cross-party support in the Scottish Parliament. The Act contains a number of legislative changes to different areas of the criminal justice system, which taken together are intended to make summary justice faster, more efficient, and more visible to the communities it serves.
Legislation, however, is only part of what is planned; the programme of reform is considerably wider than that. Many of the forthcoming changes to practice and procedure are non-legislative in nature, and anticipate a change in the culture of the summary courts. They are intended to amount to significant reform to the operation of the summary justice system.
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, with a similar set-up being introduced in Grampian, Highlands & Islands in June.
Of all Sheriff Summary and District Court cases concluded between April and October 2007, a total of 66.8 per cent were disposed with within 26 weeks of the date of earliest caution and charge.
Related Information
Analysis of summary court cases (those heard without a jury) disposed of since the start of this financial year shows that a third have taken more than six months to conclude.
Following the passage of the Criminal Proceedings (Reform) (Scotland) Act 2007, the Scottish Government 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 December 10, 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 March 10, 2008.
That date will also see fines enforcement officers taking on responsibility for the collection and enforcement of fines, with the aim of freeing up court and police time and improving payment rates.
Mr MacAskill said:
"Independence and fairness remain at the core of Scotland's criminal justice system.
"However, the system must adapt as Scottish society changes - modernising to cope with new challenges while retaining the principles on which its reputation has been built.
"Over 90 per cent of all cases that call in our criminal courts are summary cases and these reforms will help lay the foundations for the kind of justice system that will deal quickly and efficiently with offenders and help break the cycle of reoffending.
"With a third of 'summary' justice cases currently remaining unresolved after six months, too many victims and witnesses face protracted, uncertain and often stressful delays, while police officers are too often stuck in court waiting rooms rather than on the beat.
"There is simply too much delay and inefficiency at the moment.
"Our vision for a quicker, more efficient and more effective summary justice system is one shared by all sides of the Parliament.
"The reforms will help introduce a system that is more responsive to the needs of victims and witnesses but remains firmly rooted in the principles of fairness, independence and integrity on which our entire justice system is based.
"There is still much to do but these reforms arrive at a crucial phase, building on the successful reforms to solemn procedures in the High Court.
"We must seize the opportunity to ensure we have a modern summary justice system - one that is truly summary in practice, as well as in name - and one that is fit for a safer, stronger Scotland in the 21st Century."
On January 18, 2007 the Criminal Proceedings (Reform) (Scotland) Act 2007 (CPRA) was passed with cross-party support in the Scottish Parliament. The Act contains a number of legislative changes to different areas of the criminal justice system, which taken together are intended to make summary justice faster, more efficient, and more visible to the communities it serves.
Legislation, however, is only part of what is planned; the programme of reform is considerably wider than that. Many of the forthcoming changes to practice and procedure are non-legislative in nature, and anticipate a change in the culture of the summary courts. They are intended to amount to significant reform to the operation of the summary justice system.
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, with a similar set-up being introduced in Grampian, Highlands & Islands in June.
Of all Sheriff Summary and District Court cases concluded between April and October 2007, a total of 66.8 per cent were disposed with within 26 weeks of the date of earliest caution and charge.
Related Information
http://www.scotland.gov.uk/Topics/Justice/criminal/criminalprocedure/19008
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