This item was published during the term of a previous administration that ended in April 2007
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Lord Bonomy's Review of High Court Practice
11/12/2002
Lord Bonomy's review of the practices and procedure of the
High Court of Justiciary
Improving Practice was published today by the
Executive.
Among the recommendations made, his main points are:
PRELIMINARY DIETS
Improved Judicial management is necessary to ensure that
cases only come to trial when they are ready. This could be
achieved with the setting of a preliminary diet (hearing) for
all High Court cases.
The setting of a preliminary diet would provide the
opportunity for any problems being resolved before a trial date
is set. It would also enable uncontroversial witnesses evidence
to be agreed, cutting back on the numbers of people having to
attend court to give their evidence.
TIME LIMITS - 110 DAY RULE
Lord Bonomy sees the key custody time limit within the
Scottish Criminal Justice system as the 80 day rule. Within
this time the Crown must either bring full charges (the
indictment) against the accused, or release him. He recommends
no change to this time limit.
He does, however, note the importance of giving the defence
adequate time to prepare for trial once they have received the
indictment, and of having enough time to hold the preliminary
hearing when both sides are ready.
He suggests that the accused should continue to come to
court for a preliminary hearing within 110 days and the trial
should start within 140 days. This proposed extension is simply
a recognition of what actually happens in a substantial
proportion of High Court cases at present.
SHERIFF COURT BUSINESS
Lord Bonomy has recommended that a sheriff's sentencing
power be increased to five years, enabling the transfer of less
serious cases away from the High Court.
He highlighted in his report that in 2001 39% of High Court
accused received a sentence which could have competently been
given in a sheriff court.
Less serious drug trafficking cases, robberies and assaults
in general do not need to call before a judge. Judges in the
High Court should deal with the most serious cases - - for
example, murders and rapes- and should not be involved in cases
which can be dealt more than adequately in the sheriff
court.
LOCATION OF THE HIGH COURT
The location of the High Court should continue across
Scotland with additional resources for both Aberdeen and Dundee
to enable those courts to sit more frequently, cutting down on
the inconvenience to victims and witnesses having to travel
long distances, on perhaps several occasions.
CASE MANAGEMENT AND ACCOMODATION
Courts frequently do not start at the appointed time. The
accused should only be required if that attendance is for
something other than a formal appearance. The greater use of
CCTV should be considered, cutting down on unnecessary travel
between prison and courts.
The accused, when on bail, should also be required to attend
court at least 45 minutes before the case is due to call. This
should be a standard condition of bail.
Accommodation should also be provided to ensure that there
is little contact as possible between the accused and the
victim and their families, or Crown witnesses. The
accommodation provided for victims and their families should be
provided with a live CCTV link to the court, allowing them to
see and hear what is happening.
Lord Bonomy notes the very substantial increase in the High
Court's workload over recent years. The number of indictments
rose by 23% between 1995 and 2001.
The number of separate cases on court hearing lists rose by
59%- reflecting a huge increase in the number of
adjournments.
Lord Bonomy also identifies key structural features of the
High Court system which make it difficult to manage cases
effectively. High Court procedures do not at present require
the prosecution and the defence to meet to sort out issues
before the day of the trial.
This has resulted in a system which is perceived as poorly
organised and run without any regard to the victims and
witnesses.
Lord Bonomy says in the report:
"While distress and inconvenience to members of the public,
who are witnesses, interested observers or jurors can never be
eliminated, the public, quite rightly, expect that, in a
modern, sophisticated legal system, it should be possible to so
organise business as to reduce the level of distress and
inconvenience that is caused at present."
On the issue of time limits he says:
"I have heard and read reference to it (the 110 day rule) as
'the jewel in the crown of the Scottish criminal justice
system'. Historically the 110 day rule has been regarded by
many as such, but it is not the most significant time limit in
the system.
"The real jewel in the crown if the '80 day rule' which
requires the service of an indictment, listing the charges,
witnesses and productions for the case."
Lord Bonomy's review is far reaching and covers a range of
issues from the reporting of the case to its final
disposal.
The systems proposed by him could bring a higher degree of
certainty into the programming of business which in turn should
ensure the minimum inconvenience to those members of the public
brought into contact with the criminal justice system.
A four month consultation process has commenced today into
the changes proposed by Lord Bonomy.