This item was published during the term of a previous administration that ended in April 2007
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Court Reform: Modernising Justice
28/05/2003
COURT REFORM: Modernising Justice
The Bill will deal with the reform of the practices and
procedures of the High Court of Justiciary.
It will include:
- A more managed approach to High Court business,
with a mandatory preliminary hearing to get procedural
matters out of the way before the trial
- Greater certainty about when trials will start,
which will particularly benefit victims and
witnesses
- Modernisation of the custody time limits in High
Court cases; the 110 days time limit will now run to
the new preliminary hearing, and the trial must begin
within 140 days
- Changing the consequences of failing to meet the
custody time limit to avoid the accused escaping
justice on a technicality
- More encouragement for accused who intend to plead
guilty to do so as early as possible.
It will replace some existing provisions in the Criminal
Procedure (Scotland) Act and represents some of the most
fundamental changes to solemn procedure in the last 20
years.
It will be supported by major changes in Crown practice
to ensure that the defence gets earlier information about
the prosecution case.
In parallel it is also proposed to bring into effect an
existing statutory provision increasing Sheriff sentencing
powers from three to five years to ensure that the reformed
High Court can concentrate on the most serious cases.
Key provisions of the Bill
- Summary - the Bill (and supporting changes in Crown
procedure) will ensure that case preparation is earlier
and more thorough. Cases will come to trial only when
they are ready to be heard, and trials will be less
easily thwarted by reluctant witnesses or accused.
- Mandatory preliminary hearing. This is not
currently a routine part of High Court procedure. The
judge will sort out procedural matters connected with
evidence and necessary witnesses and will only set a
date for the trial when it is clear that the
prosecution and defence can proceed.
- Victims and Witnesses. The Bill will ensure that
accused do not escape justice due to a technicality;
where the Crown cannot meet the 110 day custody time
limit the accused will be given bail, but will not be
free for all time.
- More efficient justice. There will be less scope
for the defence or the prosecution to lodge evidence or
pleas late in the day, and more scope for the judge to
manage proceedings in the interest of justice.
Timescale
On December 11, 2002, the Deputy First Minister and the
Lord Advocate launched a four-month consultation period.
Consultation ended April 12, 2003. White Paper now being
prepared to be presented to Cabinet and to be published by
end of June. Bill to be ready for introduction by
November/December 2003.