The Criminal Proceedings etc. (Reform)(Scotland) Bill was introduced to the Scottish Parliament on 27 February 2006. A history of the progress of the CPR Bill can be found on the parliament's website. On 18 January 2007, the Bill was passed by MSPs with the Bill receiving Royal Assent on 22 February 2007.
Some provisions of the Act were brought into effect on 15 March 2007, by virtue of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement and Savings) Order 2007.
Due to the size and complexity of the CPR Act, the remaining provisions were commenced in two further phases. The first phase took place on 10 December 2007 with the second wave of reform taking place on 10 March 2008.
Provisions commenced on 10 December 2007 were:
- sections 1-6 of the Act (bail and remand);
- sections 43-48 (sentencing powers);
- some of sections 59-66 (JP courts)
- sections 67-77 (reforms to lay justice).
There were also a number of sections in part 2 of the Act (proceedings) commenced on 10 December. Full details can be found within the The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007. There was also a small amending order made which should be read together with the main commencement order above ( The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions and Savings) Amendment Order 2007).
A circular was issued by the Scottish Government providing details of the provisions commenced in December 2007.
Details of the 10 March 2008 reforms can be found elsewhere on this website.
Many of the provisions contained in the Bill were based on the independent Summary Justice Review Committee's report. Further to the 'McInnes' Committee's report, the Executive set out their reform proposals in 'Smarter Justice, Safer Communities' published on 22 March 2005. (A summary of those proposals can be found in the 'Smarter Justice, Safer Communities' summary leaflet.)
A project team, led by the Scottish Court Service, published a report considering the range of potential improvements that could be made to the current fine enforcement regime. The creation of this team was announced in the 'Smarter Justice' paper and a number of its proposals have been incorporated into the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. The report is available on the Scottish Court Service website (this link will take you directly to the report).
If you would like a paper copy of any the documents mentioned above, or require them to be produced in an alternative format, please contact us.