The Criminal Justice and Licensing (Scotland) Bill
Press Conference, Glasgow
March 6, 2009
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It is my great pleasure to announce the formal introduction into Parliament of our Criminal Justice and Licensing (Scotland) Bill. The Bill was introduced yesterday and published this morning on the Parliament's website.
This is wide ranging piece of legislation taking forward many of this Government's priorities. There are 148 sections in the Bill and it runs to over 150 pages. It is the largest piece of legislation introduced into Parliament since May 2007.
The First Minister announced in September last year we would bring forward a Criminal Justice and Licensing Bill in this parliamentary year. We are making good that commitment with the introduction of this Bill.
Of course, it is the substance that matters to the people of Scotland. The Bill includes provisions on over 80 topics. Some of these topics are simple small tweaks to existing law, but other provisions take forward some of our key justice priorities.
Since I became Cabinet Secretary for Justice, I have been clear in my determination to tackle the scourge of serious organised crime on our communities. That's why I established the Serious Organised Crime Taskforce, which has helped develop some of the measures in this Bill.
For too long the gangsters of the criminal underworld have been able to direct their evil enterprises and operate with apparent impunity, profiting on the backs of decent hard-working Scots and their families. That includes the criminal kingpins as well as their lieutenants and the foot soldiers that do their dirty work.
New offences created within the Bill will help fight all those involved in serious organised crime. The new offences will relate to:
- Directing serious organised crime;
- Involvement in serious organised crime; and
- Failure to report serious organised crime
Alongside the introduction of a new statutory aggravation for existing offences that are connected with serious organised crime - allowing tougher sentences - these measures will help equip the police and their criminal justice partners with the tools to tackle serious organised crime.
We also include provisions that will introduce tough penalties of up to 2 years for those using mobile phones in prison. I am determined to work with the Scottish Prison Service in ensuring criminals cannot continue their illegal activities from prison, and cracking down on the use of mobile phones will help in achieving this.
We need an effective and modern justice system to ensure the efforts of the police and other vital partners are not wasted in tackling crime.
The Bill includes provisions that will establish a statutory regime for disclosure of evidence in criminal trials. This follows the work of Lord Coulsfield's independent review. This will provide certainty for all those involved in the court process as to what arrangements should be followed in this important area and help uphold justice for all.
I am also pleased to announce we are also legislating so that the Crown will be permitted to appeal against court decisions that end solemn trials without a jury verdict. This will enable retrials where the court upholds the Crown's appeal. In the main, the provisions implement the recommendations of last year's Scottish Law Commission report on this subject. I am delighted to make this announcement and to take forward the implementation of this important SLC report within a matter of months.
I know there have been some recent concerns expressed about the record of the Scottish Parliament in implementing SLC reports.
That is one reason why I am pleased to announce the Bill includes provisions implementing 2 further SLC reports.
As we announced a few days ago, the Bill will raise the age at which children can be prosecuted in the adult courts from 8 to 12. This takes forward the recommendation of a 2002 SLC report. At the same time, we also are legislating to end the system of "unruly certificates", under which accused children can be kept in adult prisons alongside hardened criminals.
We are also implementing the SLC 2004 report relating to insanity and diminished responsibility in criminal proceedings. The provisions modernise the law in this important area.
I would like to thank the Scottish Law Commission for their thoughtful work on all of these issues.
Our justice system will only work effectively if the sentencing of offenders is able to tackle Scotland's shocking reoffending rate.
We take forward our manifesto commitment to establish a Scottish Sentencing Council. The Council will have power to develop sentencing guidelines to help improve transparency and public confidence in sentencing.
As we announced late last year, we provide for a tough new Community Payback Order sentence as a replacement for a number of existing community penalties. The Community Payback Order will require offenders to repay communities for the damage done by offending and will help tackle reoffending rates with quick justice.
Alongside the Community Payback Order will be the introduction of a statutory presumption against courts imposing prison sentences of 6 months or less. Let me be absolutely clear - the Courts will still be able to impose sentences of less than 6 months - there will be no statutory bar. However, courts will in future need to explain why they think such a short sentence is justified as opposed to using alternatives such as the Community Payback Order.
The evidence is clear that short prison sentences do not work. Reoffending rates are much higher than for community penalties. If we are to drive down crime and so protect our communities, we must address the endless cycle of one short prison sentence leading to release and reoffending and then back to another short prison sentence…
We want our communities to be safer. I know it is of concern across Scotland as to how our justice system deals with sex offenders. We include provisions that will:
- Widen the scope of Sexual Offences Prevention Orders so a court can impose positive obligations on a sex offender such as regular reporting to a police station, rather than just prohibitions such as stopping sex offenders from being alone with children or going near a school; and
- Strengthen the operation of Foreign Travel Orders by increasing the maximum length of an order to 5 years and requiring passports to be surrendered as part of the order.
We have included measures to guard the interests of victims and witnesses such as:
- Protecting the identity of witnesses by giving courts authority to, in appropriate cases, allow evidence to be given anonymously;
- Making available special measures for eligible child and vulnerable adult witnesses who might be called to give evidence in all criminal proceedings; and
- Permitting the giving of evidence by TV link from other parts of the UK.
As we announced on Monday, the Bill will contain provisions that tackle crime fuelled by alcohol through:
- requiring licensing boards to consider raising the minimum purchase age for alcohol off-sales in certain areas
- widening the scope of police powers to object to individual licence applications
We also create powers to introduce a Social Responsibility Levy to help offset the costs of dealing with the adverse consequences of alcohol. Other measures from our Alcohol Framework are being taken forward under the legislative powers created by the previous administration.
The Bill contains a range of other measures including:
- ending the loophole that allows spouses and civil partners to avoid giving evidence against their partner in court
- outlaw the possession of extreme pornography, and increase the existing penalties for publishing, selling or distributing it
- enable the temporary retention of forensic data relating to serious violent and sexual offences dealt with in the Children's Hearing system
- raising the maximum age able to sit on a criminal jury from 65 to 70
This is a comprehensive Bill. A Bill that shows the ambition of this Government to help make a safer and stronger Scotland.