This item was published during the term of a previous administration that ended in April 2007
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High court reform
08/10/2003
The Criminal Procedure (Amendment)
(Scotland) Bill was published today.
Welcoming the Bill, Justice Minister Cathy
Jamieson said that the Executive would not be deflected
in its determination to drive through improvements for
victims, witnesses and jurors.
Ms Jamieson said:
"Delivering a safer, stronger Scotland
means an efficient court system that ensures the right to a
fair and speedy trial - allowing the innocent to be
acquitted and the guilty punished.
"A system organised for the needs of
ordinary people who have to attend court through no fault
of their own - victims, witnesses and jurors - and not for
the convenience of the legal profession.
"Our High Court of Justiciary should
be a showpiece of fairness and efficiency. In reality it
has too often fallen below that benchmark in recent years,
owing to an overload of cases that could perfectly well be
dealt with in the sheriff court, and owing to a culture of
adjournments, reflecting inadequate time for case
preparation.
"We have put significant extra
resources into the Crown Office and Procurator Fiscal
Service, our public prosecution service, to overhaul the
way they prosecute serious crime. But more needs to be
done. Our proposals for the reform of the High Court form a
package that will deliver a much more effective and
efficient system for dealing with serious crime."
Main provisions of the Bill
include:
·Using existing powers to remove from
the High Court cases that could perfectly well be
dealt with by sheriffs.
Anyone deserving a sentence of up to
five years could be dealt with in the sheriff court
under changes we plan to introduce in the
spring.
Introducing a mandatory
preliminary hearing in the High Court to enable the
judge to ensure that the parties in a case - Crown
and defence - are ready to go to trial. Matters
such as applications for special measures to enable
vulnerable witnesses to give their best evidence
will also be dealt with at this hearing.
Introducing fixed trial
dates instead of the present system of sittings, so
that victims and witnesses know exactly when they
will need to come to court.
Giving the defence extra
time to prepare for trial, by making the 110 days
run to the preliminary hearing, with the trial date
a maximum of 30 days thereafter.
Modernising the operation of
the custody time limits so that the accused will be
liberated if they are breached, but will still be
liable to face prosecution.
Enabling witnesses who
refuse to turn up to give their evidence, to be put
on bail conditions, and in a small minority of
cases to be electronically monitored.
Enabling a trial to be
conducted, exceptionally, in the absence of an
accused person who wilfully absents himself.
Clarifying that the accused
can benefit from a discount of sentence by pleading
guilty, thus avoiding an unnecessary trial, without
compromising the right to a fair trial for those
who have a good defence.
Reorganising the High Court
so that the location of trials and the arrangements
at court better reflect the needs of all those who
have to be present.
Ms Jamieson said:
"These changes together form a radical
and coherent package - but they will only work if
implemented together and if judges
manage the cases that come before them. There must
be an end to the culture where cases are put off again and
again to delaying the day of reckoning for the accused
person.
"The modernised time limits will mean
what they say. When a firm date is set, the trial will
start on that date. This will reduce the stress and tension
for victims and witnesses.
"We are also addressing the widespread
public anxiety that exists over those accused of serious
crimes being liberated on bail. We will make it possible
for the court to impose 'electronic tagging' on bail, to
ensure that there is greater control in cases where there
is a risk of an accused person absconding or reoffending,
but where remand in custody would be excessive.
"These reforms, along with our Bill on
Vulnerable Witnesses, the ongoing summary justice review, a
new Sentencing Commission, and our proposals to consult on
a Single Agency to administer custodial and non-custodial
sentences, together form the most significant overhaul of
our criminal justice system in 20 years."
The Bill can be found on the Scottish
Parliament website.
In 2001, four out of 10 of sentences
passed by the High Court could have been passed by the
sheriff court within its existing sentencing powers.
Between 1995 and 2001, motions to
adjourn High Court trials increased sixfold, mainly as a
result of lack of time for the defence to prepare. It is
not uncommon for a High Court case to be adjourned four
times, and to call each time in a different city. If the
Crown inadvertently breaches the time limit of 110 days for
a case to go to trial, an accused person will escape
justice completely.