The Scottish Government

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James Chalmers, Peter Duff, Fiona Leverick and Yvonne Melvin, University of Aberdeen School of Law
ISBN 978 0 7559 6451 2
This document is also available in pdf format (784k)

Contents

Acknowledgements

Executive Summary

Chapter 1: Introduction
Purpose of the Report
Research Aims and Limitations
A Note on Terminology

Chapter 2: Background
The Background to the Reforms
Trial Scheduling Prior to the Reforms
Trial Scheduling after the Reforms
Common Procedural Devices
Key Cases

Chapter 3: Research Methods
Collection and Analysis of Statistical Data
Interviews with Criminal Justice Personnel
Questionnaire Survey of Professional Witnesses and Jurors
Observation of Court Proceedings

Chapter 4: Statistical Analysis
The Sample Profile
Case Disposal Point
Eventual Case Outcome
Guilty Pleas: When Were They Tendered?
Number of Court Diets/Adjournments
Outcome of all Callings
Length of Trial
Reasons for Adjournments
Continued Preliminary Hearings
Witness Numbers
Time Bar Extensions
Summary of Main Findings from Statistical Analysis

Chapter 5: Interviews with Criminal Justice Personnel (The Pre-Reform Situation)
The General Picture
Culture
Crown Office Resources
Anderson and Expert Reports
Counsel's Diaries
Unavoidable Problems
The Necessity of Legislative Reform
Conclusion

Chapter 6: Interviews with Criminal Justice Personnel (The Post-Reform Situation)
The General Impact of the Reforms
Procedures Prior to Preliminary Hearings, including Exchange of Information, Pre-Meetings and Completion of Required Forms
Preliminary Hearings and Judicial Proactivity
Du Plooy, Preliminary Hearings and Guilty Pleas
Scheduling Trials
Time Limts
Agreement of Evidence
Legal Aid
Conclusion

Chapter 7: Interviews with Criminal Justice Personnel (Continued Preliminary Hearings)
The Problem
The Reasons for Continued Preliminary Hearings
The Importance of the Court Minutes
Scheduling Continued Preliminary Hearings
Conclusion

Chapter 8: Comparative Analysis of Professional Witness Questionnaires
Experiences in Court
Outcome of the Case
Information Provision
Suggestions for Improvement
Conclusion

Chapter 9: Comparative Analysis of Juror Questionnaires
Jurors' Attendance at the High Court
Potential Jurors not Selected for Service
Those Selected for Jury Duty
Inconvenience, Information and Excusals
Demographic Information
Conclusion

Chapter 10: Analysis of Sentencing Data
Indictments
Sheriff Court Sentencing Statistics
High Court Sentencing Statistics
Conclusion

Chapter 11: Summary and Conclusions
Summary of Findings
Overall Conclusions

Bibliography

Appendix 1: Sample Discussion Guide for Interviews with Criminal Justice Practitioners
Appendix 2: The Professional Witness Questionnaire
Appendix 3: The Juror Questionnaire
Appendix 4: Indictment and Sentencing Statistics

Annex A: Financial and Other Impacts of the Reforms (Compiled By COPFS, ACPOS, SCS, SEJD, SLAB and SPS)

The views expressed in this report are those of the researcher and
do not necessarily represent those of the Department or Scottish Ministers.

The Annex to this report presents the financial and other impacts of the reforms. It was
developed independently from the main report and is composed of contributions
from each agency.

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