This item was published during the term of a previous administration that ended in April 2007
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Consultation on reforming non-jury courts
28/02/2005
The Executive has today published an analysis of the
written responses received to the consultation on reforming
Scotland's non-jury courts.
The key findings were:
- widespread support for the retention of lay
justice;
- support for the unification of the administration
of the summary (district and sheriff) courts under the
Scottish Courts Service;
- support for more widely available, more flexible
and more robust alternatives to prosecution;
- and majority support for increasing the scope of
fixed penalty notices and fiscal fines, subject to
appropriate safeguards being in place.
Scottish Ministers will announce their next steps on the
recommendations to reform the summary justice system
shortly.
The consultation followed publication of the Report of
the Summary Justice Review Committee on 16 March 2004. The
Report was the result of a two-year review chaired by
Sheriff Principal John McInnes.
The remit of the Committee was: 'To review the provision
of summary justice in Scotland, including the structures
and procedures of the sheriff courts and district courts as
they relate to summary business and the inter-relation
between the two levels of court, and to make
recommendations for the more efficient and effective
delivery of summary justice in Scotland'.
Summary criminal cases are the most common form of
criminal court case in Scotland, accounting for 96 per cent
of criminal court business. They are heard by a Sheriff in
the Sheriff Court or by a bench of one or more lay justices
(or, in a few cases, by a paid magistrate) in the District
Court.
The types of offence dealt with range from minor
breaches of the peace through to assaults and weapons
offences - and include nearly all road traffic offences.
In summary cases the judge sits without a jury and decides
questions of both law and fact.
The committee's report recommended some radical changes
to the summary justice system including:
- the creation of a single unified summary court,
managed by the Scottish Court Service (currently the
management of summary courts is split between local
authorities and the Scottish Court Service);
- an all professional judiciary - consisting of
Sheriffs and new 'Summary Sheriffs' - both with
identical sentencing powers in summary cases;
- considerably enhanced sentencing powers to allow
summary courts to impose sentences of one year
imprisonment and a maximum £20,000 fine
- and an increased use of alternatives to
prosecution.
There were 240 written responses submitted to the
consultation which was held between 16 March and 16 July
2004.