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Introduction
A message from Cathy Jamieson, Minister for Justice
A supreme challenge
Wednesday 28th April was an important milestone along the road toward a modernised Scottish justice system. The Parliamentary stages of the Criminal Procedure (Amendment) (Scotland) Bill cleared their final hurdle and now the Bill awaits Royal Assent. Our clear commitment to reform the operation of the High Court has the necessary legislation in place - now comes the job of putting that into practice.
To deliver a stronger, safer Scotland we must have a public justice service designed around the needs of the law-abiding many, not for the law-breaking few. Modernising justice in Scotland means putting victims and witnesses at the heart of the criminal justice system. That is why, for example, we have:
- Already passed legislation that will ensure that the Courts consider the needs of the most vulnerable witnesses;
- Begun to consult on the recommendations by Sheriff Principal McInnes on the future of summary justice;
- Appointed a Sentencing Commission under the chairmanship of Lord MacLean, a High Court Judge.
The High Court of Justiciary should be a model of efficiency to all who come into contact with it. People should feel that they are being treated fairly and sensitively. In reality the High Court has fallen below that ideal in recent years. For example, between 1995 and 2001 motions to adjourn High Court trials increased six fold, mainly because parties were not fully prepared. It is not uncommon for a High Court case to be adjourned 4 times and for it to call each time in a different city. This is bad for victims, bad for witnesses and a poor advert for justice.
Through this new legislation we are:
- introducing greater certainty into proceedings - a particularly important outcome for victims and witnesses; and
- fostering a culture which encourages better communication between prosecution and defence teams and earlier preparation by both parties.
These objectives have not been plucked out of thin air. They follow from the extensive consultation and discussion by Lord Bonomy and his Review Team. Indeed I would like to put on record the Executive's thanks to everyone who has contributed to the process. What has struck me throughout is that although there may be differing views about some of the elements of the package there is a powerful consensus across the spectrum of stakeholders about the key goals and a genuine willingness to listen and engage with each other.
I have been particularly struck by two examples of how engagement with interests across the legal profession has strengthened the bill. First, our initial proposals on High Court time limits - particularly for accused on remand - were criticised from all quarters as too radical. But detailed dialogue enabled all the different perspectives and facts and figures to be put on the table and worked through. I am pleased to say that most people now agree with the principle of what we are trying to do.
Second, our proposals on trials in absence were also strongly criticised. Again, we listened carefully, looked at all the evidence we could gather and decided to accept amendments. These will allow a trial to proceed in absence only if an accused absconds during the trial provided that the judge believes that sufficient evidence has been led.
The consultation and legislative phases represent only the beginning of the reform process. When it is commenced - the Bill will provide a toolkit to enable all practitioners, working together, to achieve swifter, better justice. The crucial procedural change is the introduction of a mandatory preliminary hearing. This will give the presiding judge the opportunity to assess the state of preparedness of prosecution and defence and the extent to which they have communicated about the case. If the Judge is content that the case is ready to proceed he will set a firm date for the trial. Our hope is that virtually all trials will be able to begin on the appointed date.
But a toolkit is of little use unless it is used appropriately and at times imaginatively. That is why we shall be investing a great deal of time over the next few months in trying to make sure that everyone connected with the High Court is ready go on commencement.
Officials from the Justice Department, the Crown Office and Procurator Fiscal Service and the Court Service are already working closely with all the relevant interests to ensure that implementation of the legislation will take place smoothly. A Programme Board is driving this process, and will develop plans for training, monitoring and evaluation of the reform programme. It is crucial that all parts of the legal profession - judiciary, prosecutors and defence lawyers - co-operate over the year to ensure that all the effort that has gone into the consultation and the legislation is continued.
Scotland deserves a world class criminal justice service. Reforming our High Court is a vital component in delivering a justice service fit for the 21st Century.