The Justice portfolio plays a significant role in delivering the Government's Purpose, in particular the objective of creating a Safer and Stronger Scotland and contributing through the law and the legal profession to the objective of creating a Wealthier and Fairer Scotland. It covers the administration of Scottish Ministers' interests in the constitution, criminal justice and civil law, operation of the courts, provision of access to justice, liaison with the legal profession, the operation of the police and fire services and the Government's preparations for potential civil emergencies.
The Justice pages of the Government website feature introductory information on the varied aspects of the Justice portfolio. Where appropriate, the following information will be available in relation to each of the subjects outlined in this Class of the Publication Scheme:
- Civil Emergencies - information and guidance on preparing, responding to and managing emergencies is available. Includes material on the Civil Contingencies Act 2004 and the eight Strategic Co-ordinating Groups in Scotland that plan and prepare for dealing with a wide variety of emergencies
- Civil law and civil justice, which includes information about:
Adults with Incapacity, including material on the Adults with Incapacity (Scotland) Act.
Bankruptcy - including information on the reform of bankruptcy legislation.
Charity Law: the Charity Law Team is responsible for the ongoing implementation of the Charities and Trustee Investment (Scotland) Act 2005. Regulations which have come into force, consultation papers, and links to stakeholders can be accessed on our website. (www.scotland.gov.uk/Topics/People/15300/charities) The Charity Law Team can be contacted by email with any queries regarding the implementation of the Act.
Civil Court Procedure and Sheriff Court Rules Council - includes the Consultation Exercise on the Review of Civil Judicial Statistics.
Civil Courts and Tribunals.
Civil Partnership.
Debt and Enforcement - An advice and information booklet is available, along with details of local money advice services.
European Justice - coordination of some Justice and Home Affairs issues.
Family Law - including the booklet 'Family Matters: Family Law And Young People in Scotland'.
Gender Recognition.
Human Rights - including details of the consultation exercise for the Scottish Human Rights Commission.
Legal Aid and legal advice: the legal aid scheme is administered by the Scottish Legal Aid Board, whose website includes details of the legislation governing legal aid and how to find a solicitor (
www.slab.org.uk/ ). The government publishes statutory Directions to the Scottish Legal Aid Board, such as the Direction on civil legal aid for defamation and personal injury proceedings, and research concerning legal aid and publicly funded legal assistance, such as the Report on an exploratory study into the Impact of the Introduction of Fixed Payments into Summary Legal Aid and the evaluation of In-Court Advice Services, 'Uniquely Placed'. The Government also maintains an 'advice-finder' website - which includes information on resolving disputes without going to court (This website will be reviewed during 2008/9).
The Legal Profession: information is available on the following: Report by the Justice 1 Committee of the Scottish Parliament on regulation of the legal profession (June 2005) and the responses to the consultation that followed; Report by the Research Working Group on the Legal Services Market in Scotland (June 2006); The Legal Profession and Legal Aid (Scotland) Act 2007; The OFT report into the Which super complaint about regulation and reform of the legal profession and the Scottish Government's response to the OFT).
Private International Law - information on Reciprocal Enforcement of Maintenance is available along with information about International Child Abduction.
Property Law - including explanatory information on the abolition of the feudal system, the reform of the law of the tenement and the modernisation of the law in relation to conditions in title deeds.
- Courts - which includes appointments of Judges and Sheriffs in Scotland, complaints against the judiciary, salaries and pensions, and court fees, and rights of audience.
- Criminal Justice - which includes issues including;
Corporate Homicide - material on the former expert group on corporate liability for culpable homicide.
Criminal Procedure - information on the reform of the summary justice system.
Criminal Justice Social Work (including Management of Offenders, Sentencing, Alternatives to Custody and Electronic Monitoring) - Information available on Criminal Justice Social Work includes the following:
Throughcare Addiction Service: The objective is that the Throughcare Addiction Service achieves a seamless transition from substance misuse work undertaken during the custodial period through the immediate post-release period onto the provision of continuing substance misuse work in the communityhttp://www.scotland.gov.uk/Topics/Justice/criminal/16910/tas. Home Leave working Group: Practice guidance has been prepared for those organisations and personnel involved in the home leave process and has been compiled by the Home Leave Working Group. Represented on the Group were members from the Association of Directors of Social Work (ADSW), the Convention of Scottish Local Authorities (COSLA), the Scottish Prison Service (SPS), the Police, Scottish Executive Justice Department, Community Justice Services and Parole & Life Sentences Review Divisions, the Scottish Executive Criminal Justice Group Projects and the Voluntary Sector.
Female offenders - information includes the conclusions of the report of the Ministerial Group on Women's Offending, evaluation of the 218 Centre in Glasgow.
Alternatives to custody, including Information on the Review of Community Penalties and electronic monitoring (EM) such as EM contract and statistical information, circulars and guidance and information on Home Detention Curfew, evaluation of Electronically Monitored Restriction of Liberty Orders, Tagging offenders: The Role of Electronic Monitoring in the Scottish Criminal Justice System.
Offences and Penalties - information on hate crime, sexual offences, prostitution, pornography, human trafficking and the Rehabilitation of Offenders Act 1974.
Victims and Witnesses - background and update material on the Scottish Strategy for Victims.
Youth Crime - material on Youth Court pilot exercises.
Prisons - includes parole and release on Licence. Further information on prisons can be obtained through the Scottish Prison Service Publication Scheme.
- Fire - which includes Scottish Fire & Rescue Service Circulars and letters containing technical and operational guidance for the Fire and Rescue Service in Scotland, information about Her Majesty's Fire Service Inspectorate for Scotland, and details about the advisory bodies which looks at delivery, strategy and policy.
- Police and Community Safety - which includes information on the Government's work on Community Safety, how make complaints about the Police, Guidance on Chief Officer Appointments, Information on the James Smart Lectures and Police Circulars, the Scottish Policing Performance Framework, Government strategy on dealing with Domestic abuse, Drug enforcement, Police powers and functions, regulation of the private security industry, information on the Regulation of Investigatory Powers (Scotland) Act 2000, the Scottish Drug Enforcement Agency, Drug Treatment, Violence and Antisocial Behaviour and the Scottish Safety Camera Programme.
- Prisons, which includes information about Her Majesty's Inspectorate of Prisons, the Scottish Prisons Complaints Commission, information about the parole system and release on Licence.