This item was published during the term of a previous administration that ended in April 2007
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New Criminal Justice powers in force
27/06/2003
Powers contained in the Criminal Justice (Scotland) Act,
passed by the Scottish Parliament earlier this year, come
into force today, Friday June 27.
Justice Minister Cathy Jamieson said the new laws will
not only close loopholes that criminals could exploit but
enable the law abiding majority in Scotland to be safe and
to feel safe.
The new measures include:
- Increased penalties for possession and distribution
of child pornography from six months and three years
imprisonment to five and 10 years imprisonment
respectively
- A new offence of trafficking in prostitution
- Provisions relating to offences aggravated by
religious prejudice
- Interim anti-social behaviour orders to provide
more immediate protection
Scottish Ministers can now take the initial steps
towards setting up a Risk Management Authority.
Ms Jamieson said:
"Our justice system in Scotland has been modernised as a
result of these changes to the law coming into force today.
The Act offered the Scottish Parliament a real opportunity
to do the right thing, to make the necessary changes in
tightening up the law and making new laws that will help to
make Scotland safer.
"It will provide justice designed around the needs of
the law-abiding many, and not for the convenience of the
law-breaking few.
"The Executive takes very seriously the need to step-up
public protection to enable people to be safe and feel safe
in their communities and homes.
"The changes coming into force today are wide-ranging.
The interim anti-social behaviour orders will offer quick
sanctions in cases of anti-social conduct such as
"neighbours from hell". And the trafficking in prostitution
and child pornography reforms, for example, will ensure
serious criminals do serious time for serious crimes.
"The Risk Management Authority will promote best
practices and ensure consistency across all agencies
involved when dealing with serious violent and sexual
offenders.
"The new Authority will also ensure the effective
monitoring and management of highest-risk offenders if and
when they are released into the community. I will be making
an announcement later this year about the make-up and remit
of the Authority.
"A safer, stronger Scotland needs a criminal justice
system that protects the public, punishes criminals, but
offers a second chance to those who would benefit from it.
The Criminal Justice Act will enable the police and the
Courts to put that commitment into action."
Other measures include:
- Increasing the protection available to victims of
stalking and harassment by giving the police the power
of arrest without warrant where the police believe that
there has been a breach of non-harassment order
- Bail changes to permit the Crown to be heard when a
judge considers an application for bail by an appellant
serving a custodial sentence
- The ability for the Courts to include remote
monitoring when imposing Probation or Drug Testing and
Treatment Orders
- Extending the jurisdiction of Sheriff Courts in
Scotland to try sexual offences committed abroad
- The availability in the pilot drugs courts of
interim sanctions of short periods of custody or
community service for breach of an order made in the
drugs court
- A move to allow certain court proceedings to take
place by television link between prisons and courts. A
pilot project is to be set up involving Glasgow Sheriff
Court and HMP Barlinnie
The Lord Advocate, Colin Boyd QC, welcomed the changes
which mean that the Crown will have the right to be heard
when a judge considers an appeal for bail by an offender
serving a custodial sentence.
He said:
"These new powers give the Crown the opportunity to be
heard at interim liberation hearings as a matter of course.
This means that, where the Crown believes it is in the
public interest to do so, we can oppose bail.
"The Crown will normally make representations to the
court where it believes that it has information or there
are particular representations it can make which may assist
the court. As ever, it is for the judge and not the Crown
to determine who gets bail."