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MODERNISING JUSTICE IN SCOTLAND: THE REFORM OF THE HIGH COURT OF JUSTICIARY
Chapter 1: INTRODUCTION
- Our aim is to reduce crime and reoffending. But there will always be a level of serious crime in society and, where this occurs, the state must deal with it in the most efficient and effective way so that offenders are detected, given a fair trial, and, if guilty, sentenced in an appropriate manner. Serious crime, whether drug trafficking, sexual assault or violence against a person always has major repercussions for victims and witnesses, and it is rightly a matter of great concern to the public. The public, and particularly victims, must have confidence that if they report a crime the perpetrator will be brought to justice. The criminal justice system also depends on the participation by the public as witnesses and jurors, and they deserve a system which is organised to enable them to make their contribution with the minimum necessary disruption to their lives.
- That means treating victims, their families, witnesses and jurors with the utmost consideration. They need certainty about when trials will proceed and when they will be called on to play their part, whether it is the ordeal of giving or listening to evidence, or the heavy responsibility of deciding guilt or innocence. These participants must have confidence that the system is organised in a manner that properly recognises the crucial role they have and not for the convenience of lawyers. Making these changes work will require more than legislation and new rules. The court and all those lawyers who appear before it - whether to prosecute or to defend a client - need to see themselves as individually responsible for the efficient administration of justice in the interests of fairness to the accused, but also of sensitivity to the needs of victims and witnesses.
- And we must also have in mind the role of those who, by profession, are called upon to give evidence more often than most. The police, forensic experts and other professionals deserve a system that does not waste their scarce time in attendance at court for trials that are cancelled or repeatedly adjourned.
- The increase in serious crime over recent years has meant that our supreme criminal court, the High Court of Justiciary, has struggled to meet these expectations. Our concerns as an Executive were brought to a head by the case concerning the murder of Surjit Singh Chhokar which led to the publication of 2 reports on what had gone wrong - by Sir Anthony Campbell and by Dr Raj Jandoo.
- As the Lord Advocate said at the time 1 , in announcing a review of the Crown Office and Procurator Fiscal Service, "a wider review….is needed to ensure the efficient and effective processing of High Court business which depends not only on the Crown but also on the efficiency of other parts of the criminal justice system. We need to consider all the factors which impinge on the management and processing of High Court business in Scotland with a view to improving and modernising these."
- Subsequently, Jim Wallace, as Deputy First Minister and Minister for Justice, announced that he had appointed Lord Bonomy to carry out such a review. The remit was:
"To review the arrangements for High Court business at first instance in the light of the increasing demands made on the Court; to review the practices of the Court and those serving the Court and the rules of criminal procedure as they apply to the High Court; and to make recommendations with a view to making better use of Court resources in promoting the interests of justice." - At the same time, a review of summary criminal business was announced. While there are relationships throughout the criminal justice system, the 2 reviews are separate. The summary justice review under the chairmanship of Sheriff Principal John McInnes QC is still deliberating and will report in due course.
- Reform of the criminal justice system is being taken forward in a strategic way and each stage will fit in with what has gone before. We believe it is a priority to act on the High Court Review because this covers the most serious cases in which the stakes are highest for all concerned and inadequacy of the system is always a matter of public concern. This paper sets out how we propose to do so.
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