On 10 March 2008, a number of provisions contained in the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 came into force. The Scottish Government issued a circular providing details of what had been commenced.
A summary of the 10 March 2008 reforms is detailed below.
Undertakings
Currently an accused that is charged by police may be:
- detained in police custody to appear in court the following day
- released and a report sent to the procurator fiscal, who decides whether to take action and, if so, cite the person to attend court on a certain date
- or released on agreement to sign an 'undertaking' to appear at court at a specific time. There are no other conditions on an undertaking at the moment
From March 10, 2008, the police will be able to impose conditions as part of an undertaking to provide a framework governing the behaviour of the accused until such time as the court has the opportunity to consider whether full bail conditions are appropriate. The standard undertaking conditions will be as follows:
- do not commit any further offences
- do not interfere with witnesses or otherwise obstruct the course of justice
- do not behave in a way in a manner which causes, or is likely to cause, alarm or distress to witnesses
Further undertaking conditions can also be imposed (only by police inspectors or those of higher rank) that seek to ensure the accused complies with the standard undertaking conditions. An example of a further undertaking condition may be restricting the accused from entering the alleged scene of the crime.
Breaches of undertakings are a criminal offence which can result in a prison sentence of up to 12 months - in addition to any sentence for the original offence.
Direct measures
As of March 10, 2008 the procurator fiscal's power to offer 'fiscal fines' as an alternative to prosecution (a 'direct measure') is increased from a maximum of £100 to £300. The procurator fiscal now also has the power to make a compensation offer to a maximum of £5,000. A compensation offer is enforced in the same way as a fiscal fine, but the money paid is given to the victim of the crime.
Previously if the accused did nothing about an offer s/he was regarded as having refused it. The accused will now require to take action to request a court hearing if s/he wishes to reject the offer: otherwise s/he will be deemed to have accepted it.
A 'work order' - a short period of unpaid work (up to 50 hours) as an alternative to prosecution - will be piloted in June 2008.
Court unification
Until March 10, 2008, all district courts across the country were run by local authorities, while Scottish Court Service (SCS) administered the Court of Session, High Court and Sheriff Courts. The McInnes committee recommended that administration of all the summary courts should be undertaken by one service provider, to improve the efficiency of the court system.
Accordingly, a rolling programme of court unification is ongoing. From March 10, 2008 SCS is responsible for the administration of the former District Courts - now Justice of the Peace Courts (JP Courts) in Lothian & Borders. Similar changes are progressively being introduced throughout Scotland with Grampian, Highlands and Islands Sheriffdom scheduled to unify their administration in June. The timetable for the remaining Sheriffdoms can be confirmed as:
- Glasgow - December 2008
- Tayside, Central and Fife - February 2009
- South Strathclyde, Dumfries & Galloway - June 2009
- North Strathclyde - October 2009
This comes on the back of improved training and the introduction of appraisal for lay judges.
Fines enforcement
The legislation provides for the introduction of fines enforcement officers (FEOs). FEOs will be employed by the Scottish Court Service and from 10 March 2008 they will take on the responsibility for the collection and enforcement of fines, with a view to freeing up the time of the court and the police. FEOs will have at their disposal a variety of powers to ensure the payment of fines:
- power to make a request to court to permit deduction from benefits
- power to arrest earnings
- power to arrest bank accounts
- power to make a seizure order in respect of a vehicle belonging to the offender
- power to send the case back to court if none of these options work
At the same time, for those who are having genuine difficulty in paying fines, FEOs will be able to offer help and advice, and will be able to vary the instalment rate at which fines are to be paid.