This item was published during the term of a previous administration that ended in April 2007
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Criminal Proceedings Bill
14/09/2006
The Criminal Proceedings Bill, which will be under discussion at the Parliament today, aims to improve the management and operation of Scotland's lower courts and reform the current system of bail and remand.
Justice Minister Cathy Jamieson said it would ensure the delivery of 'swifter, smarter justice'.
Key measures in the Bill include:
- Reform bail and remand. This will ensure anyone who has serious convictions for violent, sexual or drug trafficking offences and is accused of a similar serious offence is only given bail in exceptional circumstances. Bail conditions will be strengthened and breaches dealt with robustly. As already announced, a proposed Stage 2 Executive amendment will also ensure that the Bill underlines the consideration which should be given to public safety when the court is deciding whether to grant bail
- Increase the maximum level of fiscal fines from 200 to 500 and introduce fiscal compensation offers. These would require an offender to pay compensation of up to 5,000 to their victim without the case coming to court - enabling the courts to concentrate on cases where prosecution is appropriate
- Create fines enforcement officers to manage fine collection and enforcement against those who won't pay their fines. These officers will be able to arrest an offender's earnings, minimising the need for court and police involvement
- Enable trial in absence to take place in the full range of summary cases if the court considers it to be in the interests of justice to do so. This will tackle the number of offenders who seek to avoid justice or put off the day of reckoning by failing to turn up to court - causing inconvenience and distress to witnesses and a waste of resources
- Enable fiscals to apply to the court to 'roll up' all outstanding charges against an individual into one single case, even if the charges are from different sheriffdoms - ensuring better use of court time and resources
- Increase the sentencing powers of sheriffs in non jury trials to a maximum of 12 months imprisonment and a 10,000 fine so those courts can deal effectively with a wider range of cases
The Minister said:
"Around 96 per cent of court cases in Scotland are heard in our summary, non-jury courts. That's why we need to get those courts operating as efficiently and effectively as possible.
"We have already introduced and implemented legislation to modernise our High Courts for serious and complex cases.
"Those changes are now delivering real benefits - particularly for victims and witnesses. I want to ensure that we build on that success with improvements in the rest.
"Summary justice should be just that - fast. Swifter justice means that an offender can more readily see the link between the offence they committed and the penalty imposed - reducing the likelihood of further offending.
"For victims and witnesses, it will mean an earlier opportunity to try and move on with their lives while for the courts, it will free up time and resources to focus on offences and offenders at the more serious end of the scale.
"In addition to speeding up summary justice and increasing the options available to prosecutors and sentences, this legislation will also reform the system of bail and remand.
"Those reforms - set out in our Bail and Remand Action Plan - are designed to reassure the public and send a clear message to those who offend on bail and fail to attend court that they will be punished.
"They will also mean that those accused of serious crimes who have committed similar offences in the past, will only get bail in exceptional circumstances.
"Overall I believe this Bill is another major step in our reform of the justice system and will further support our on-going work to reduce crime and deliver safer communities."
It is expected the Bill will complete its Parliamentary passage by January 2007.
In addition to the provisions listed above, the Bill will also:
- Unify the administration of the Scottish courts by establishing new Justice of the Peace (JP) courts under the management of the Scottish Court Service - avoiding duplication of effort and supporting better sharing of expertise. JPs currently sit in district courts run by local authorities, which will cease to exist once courts have been unified across Scotland
- Reform the procedures by which JPs are appointed and trained, including provision for a system of appraisal, to allow the lay justice system to better represent local communities and ensure greater consistency and higher standards of justice
- Place the existing Inspectorate of Prosecution in Scotland on a statutory footing. This will put it on a similar footing to other public sector inspectorates such as Her Majesty's Inspectorate of Constabulary
Trial in absence is currently only available in summary cases involving statutory offences where imprisonment is not an option - for example, road traffic offences such as careless driving or speeding.