This item was published during the term of a previous administration that ended in April 2007
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High Court reforms prove beneficial
15/05/2006
Sweeping changes to Scotland's High Courts are delivering real benefits for victims, witnesses and jurors, according to initial figures released today by the Executive and Crown Office.
Since April 1, 2005, when the new procedures for Scotland's most serious cases were introduced:
- there has been a near 150 per cent increase in early guilty pleas, resulting in fewer people being called to court unnecessarily
- around 96 per cent of trials have been sworn in on the day assigned or the following day - compared with a third of trials adjourned once and 15 per cent adjourned at least twice before the reforms
- and almost 70 per cent fewer witnesses have been asked to appear in the High Court, compared to the previous year, thanks to the increase in early guilty pleas, the introduction of the new mandatory preliminary hearings during which the evidence of more witnesses can be agreed in advance, and the substantial reduction in adjournments
Justice Minister Cathy Jamieson said:
"Lord Bonomy's report highlighted a High Court system that was inefficient and hampered by an unacceptably high level of adjournments. We were determined to address those problems and provide a better deal for victims, witnesses and jurors - law-abiding members of the public who have to attend court through no fault of their own.
"In doing so, we also wanted to ensure that wherever possible, witnesses were only called to court when they were definitely required and when a trial was going to proceed. More certainty and less stress. While a full evaluation of the impact of the High Court reforms is underway, today's initial findings show that more than one year on the changes are now delivering very clear benefits.
"In particular, I welcome the substantial reduction in the number of witnesses required to attend court and the huge reduction in adjournments which means far fewer people suffer the anxiety of being called to court, only to find the trial is not going ahead on the day planned. Our challenge now is to build on this success and drive forward much-needed improvements in the non-jury courts where the bulk of Scotland's justice is delivered."
The Lord Advocate Colin Boyd QC said:
"With more cases being dealt with by earlier guilty pleas, either at or before the first scheduled hearing, these reforms have delivered speedier justice. Many witnesses will not have the anxiety and inconvenience of coming to court at all, and those who do need to attend have greater certainty about when they are required.
"Those who commit the most serious crimes are brought to justice swiftly, and victims and witnesses are now spared the additional trauma of repeat visits to court. This is further evidence that, by working in partnership, we can deliver real reform across the criminal justice system."
Improvements have been made possible by provisions in the Criminal Procedure Amendment (Scotland) Act 2004, passed by the Scottish Parliament on April 28, 2004, which:
- Introduced mandatory preliminary hearings so the judge can ensure both parties are ready to go to trial and if the accused is pleading not guilty, to enable both parties to decide which witnesses need to be called. Previously every case had to be treated as if it were proceeding, so all witnesses, in every case, were cited
- Introduced fixed trial dates instead of the previous system of sittings so that victims and witnesses know exactly when they need to come to court
- The improvements have also been supported by voluntary, earlier disclosure of evidence by the Crown to an accused's representative so they can prepare their case at an earlier stage in the proceedings, and also decide how to plead, at an earlier stage
A full evaluation of the impact of the reforms is underway, with the evaluation report expected to be published later in the year.