| Description | A leaflet summarising the Scottish Executive's proposed reforms to the summary justice system |
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| ISBN | |
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| Official Print Publication Date | |
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| Website Publication Date | March 22, 2005 |
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SMARTER JUSTICE, SAFER COMMUNITIES
SUMMARY JUSTICE REFORM
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What is summary justice?
Almost all cases which come to court in Scotland - 96% -
are heard by a judge who sits without a jury. This can be a
sheriff, one or more lay justices, or (in Glasgow) a
stipendiary magistrate. These are, in the main, less
serious cases, ranging from breaches of the peace to
assaults and weapons offences, and including nearly all
road traffic offences.
But they are also those offences which are most likely
to affect local people and local communities. They are the
offences experienced by most victims and known about by
most people. How we handle those offences and those who
commit them is key to building safer, stronger communities
and to rebuilding public confidence in our justice
system.
The process of dealing with these offences is known as
'summary justice'. Administration of summary courts is
currently handled by the national Scottish Court Service
and by 30 local authorities.
The Executive's Approach - Smarter Justice, Safer
Communities
Scotland is set upon the most radical reform of its
criminal justice system for more than a generation.
We have already reformed the way we handle our most
serious cases - those which go to the High Court. How we
reform summary justice is central to our wider vision of a
more efficient and effective justice system, working
together to dispense justice fairly and reduce
re-offending. We are tackling antisocial behaviour, giving
new powers to the police, local authorities and others and
investing in resources to support local people who are
working to improve their communities. We are reviewing the
children's hearings system, making sure that it best meets
the needs of children and helps reduce their offending
behaviour. We are improving support for victims of crime.
And we are reforming the way in which we manage sentenced
offenders, balancing tough interventions with joined up
support and supervision.
We have spent time looking at the running of the summary
justice system, with the help of an expert Committee
chaired by Sheriff Principal John McInnes. On 22 March 2005
we published our vision for the future 'Smarter Justice,
Safer Communities; Summary Justice Reform - Next
Steps.'
Our Vision for Summary Justice
Summary justice reform lies at the heart of a better
criminal justice system - a system which delivers justice
fairly and speedily - where the sentence fits the offence -
where the rights of victims are given full and proper
regard - where restoring and repairing some of the harm
caused by offending becomes an everyday part of how we do
business - and where reducing re-offending is the common
goal.
Summary justice is where most offenders first come in
contact with the adult criminal justice system, and where
most crimes are dealt with. If we can improve how we
deliver summary justice we can reduce re-offending.
But this is not just about greater efficiency and more
streamlined structures. It is also about rebuilding
community confidence and involvement in our criminal
justice system, starting with how we tackle anti-social
behaviour right through to how we handle the most serious
offences. All justice is delivered in the interests of the
community but that is not always apparent. It can seem
remote, run by professionals and accountable only to other
professionals. Its processes can seem slow and hard to
understand. The people whom we consulted last year told us
that they find it hard to engage with the system.
And they were also not convinced that it delivers
effective responses to less serious crime. They told us
that the volume and persistence of less serious crime
undermined the quality of their lives. There are no
victimless crimes, and the victims are often communities
which are already disadvantaged. For them, tackling low
level crime is as important as dealing with serious
crime.
So we need to do two things:
- Improve the summary justice system so that
it operates effectively and makes a visible
difference in tackling less serious crime;
and
- Improve the links between summary justice and local
people so communities can be more involved in how the
harm caused by low-level offending is repaired and
reduced.
How we will achieve our
vision
We will:
- Maintain the key
community link provided by lay justices, while
investing in their recruitment, training and
appraisal;
- Broaden opportunities to
take up the role of lay justice; and
- Offer wider opportunities
for local communities to become involved in the
justice system.
We will:
- Bring the administration
of Scotland's courts under single management, but
keep service delivery local and flexible;
- Strengthen the links
between courts and communities; and
- Redesign fine enforcement
to make it more effective.
We will:
- Provide more
opportunities for individuals to make amends for
their actions without getting a criminal record,
through alternatives to prosecution; but also
- Ensure that alternatives
are tough and effectively enforced.
We will:
- Ensure that cases which
need to be prosecuted get to court more quickly;
and
- Make better use of court
time.
Our Goal is to build community confidence
in the summary justice system. That means:- Speedy justice - whose impact is
visible to communities;
- Effective justice - swift, sharp
responses at the right level to deter
reoffending;
- Joined up justice - police, court
service, prosecutors working together as
partners;
- Modern justice - 21st century
communications, not piles of paper;
- Visible justice - simplified systems
and structures, with clearly signposted
opportunities for local people to get
involved;
- Flexible justice - developing services
appropriate to local needs without
sacrificing core principles of fair and
equal justice for all; and
- Communities at the heart of justice -
more investment in roles for lay people
within the justice system.
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What happens next?
Where changes to the law are needed, we will make them
during the lifetime of the Parliament. But legislation only
provides the framework - delivering better justice needs
partnership working between all those involved. And it
requires a closer partnership between the Executive and the
communities it serves.
So our priorities are:
- Finalising proposals to change the law,
with stakeholders;
- Strengthening partnership working;
and
- Setting up new ways of working with
communities where these are needed.
For further information or to request a copy of the
report please visit our website at
www.scotland.gov.uk/about/JD/CP/00019008/Homepage.aspx
(where the report can also be accessed online).
You can also contact the summary justice reform team
by post at:
Room 1WR
St Andrew's House
Regent Road, Edinburgh
EH1 3DN
Telephone number: 0131-244-3317