* The PDF documents downloadable from this web site require that you have Adobe Reader installed. Get it free at Adobe.com
Programme Plans
Programme Purpose and Scope
1. The Executive is committed to reforming the criminal justice system so as to deal with cases more efficiently. The Criminal Procedure (Amendment) (Scotland) Bill and associated activity that comprise the High Court reform programme are designed to:
1.1 introduce greater certainty into proceedings (a particularly important outcome for victims and witnesses); and
1.2 help develop a more ‘managed’ culture with particular emphasis on better communication between Crown and defence and earlier preparation by both parties.
2. The programme will increase the capacity of the High Court by enabling a proportion of trials that are now held in the High Court to be held in sheriff courts in future. This has been achieved by increasing sheriffs’ sentencing powers to five years.
3. Accommodation changes designed to make the experience of giving evidence less stressful for witnesses will also be phased in.
4. Major improvements in IT systems are designed to increase the efficiency of the administration of the Court – a prerequisite if the legislative changes are to have the desired effect.
5. The programme will have the effect of changing the culture of the High Court and as such will give the judiciary a more prominent role in managing its business. However the Crown will remain Master of the Instance in that they will still have control over the prosecution of each case.
6. A high level timeline showing the key milestones for the programme, together
with a summary of action in hand by the key players, is attached as Annex
A.
Programme Stakeholders
7. For management purposes the programme breaks down into 3 groups of inter-related projects managed by:
7.1 The Justice Department (JD): overall programme co-ordination; co-ordination of work on primary and secondary legislation; co-ordinating the legal aid implications; implementing the electronic monitoring provisions in the Bill
7.2 Crown Office and Procurator Fiscal Service (COPFS): implementing changes in procedure for the prosecution service including standardisation of witness statements in liaison with the police services and development of a protocol on disclosure of witness statements and case documents; providing, through its victim information and advice service (VIA), a dedicated service offering information and advice to victims of crime, bereaved next-of-kin and vulnerable witnesses.
7.3 Scottish Court Service (SCS): implementing changes in procedures for the court, improving the IT systems and records management of the courts, extending the physical capacity of the courts.
7.4 The following key stakeholders will also play an important role in the
implementation process:
The Lord Justice General: by taking the lead for the judiciary in thinking about the practical implications for them in managing the new arrangements and in making the necessary changes to the Criminal Procedure Rules by Act of Adjournal.
The High Court judges collectively: by preparing for the more proactive role they will play in managing trials
The Judicial Studies Board: by developing and implementing a training programme for the judiciary
The Faculty of Advocates and the Law Society: by engaging at an earlier stage with the prosecution in each case
Police Forces: in particular by working with the Crown on standards of witness statements
Scottish Legal Aid Board: by assisting in the preparation of regulations that will give effect to the legal aid implications of the programme; and issuing guidance to solicitors and advocates on the legal aid aspects of the programme.
The relevant trade unions: by representing the views of staff to senior
management.
7.5 The other key stakeholders in the programme are the general public in
so far as everyone is potentially a victim, witness or accused, and many
are tax-payers and electors. For the purposes of implementation their interests
must be represented in the main by representative (usually voluntary) organisations.
8. Annex B shows the teams and working groups operating on the main tasks both
within and across the boundaries of JD, COPFS and SCS.
Programme Management
9. Each stakeholder organisation is responsible for managing its own contribution to implementation. A Programme Board has been established to drive implementation at a strategic level. It is chaired jointly by Micheline Brannan, Head of the Criminal Justice Group in JD, and Norman McFadyen, the Crown Agent. Its membership and terms of reference are at Annex C.
10. The Programme Board will meet every 5-6 weeks until April 2005 and thereafter roughly every quarter until at least the first phase of the evaluation has been completed. The Board is serviced by Allan Finlayson of SCS who, in his capacity as programme manager, reports to Wilma Dickson in JD.
11. In between meetings of the Programme Board, a Programme Liaison Group comprising a representative from COPFS, SCS and JD meets to take stock of progress and plan the agenda for the Programme Board.
Programme Communications and Training
12. The audience can be divided into categories that require different types and levels of communication as follows:
12.1 Main High Court practitioners (including SCS and COPFS staff)
12.2 Ministers
12.3 Senior managers within SE, SCS and COPFS
12.4 Other practitioners and stakeholders who play a role in High Court proceedings,
including groups representing victims and witnesses
12.5 Media and general public
13.1 The proposed objectives of a communications and training strategy are to:
(a) Ensure that the main High Court practitioners are fully involved in two-way consultation about implementation issues, that they are able to feed in information and suggestions, and that they receive appropriate training and guidance;
(b) Ensure that Ministers and senior managers within the Executive are kept in touch with the progress of High Court reform implementation;
(c) Ensure that other practitioners and stakeholders are informed about the timing of the implementation of the reform programme and the implications for them, and given appropriate and proportionate opportunities to contribute to discussion about implementation; and
(d) Take appropriate opportunities to raise awareness among the general
public about the purpose and intended benefits of the High Court reform programme.
13.2 A training and communications group, comprising representatives of the Justice Department, COPFS, SCS, and the Lord Justice General’s Legal Secretariat has been established. The group also includes representatives from the Faculty of Advocates and the Law Society. The main purpose of the group is to co-ordinate the training and communication plans of the main players so that the sum will be greater than the parts.
Programme Evaluation
14 The membership and remit of the sub-group on monitoring and evaluation are included in Annex B. Comprehensive arrangements to evaluate the effectiveness of the reform programme will include:
- Assembling quantitative information on aspects of the workings of the High Court during the base year (i.e. 1 April 2004 – 31 March 2005) and the first post-implementation year (i.e. 1 April 2005 – 31 March 2006)
- Comparing the quantitative information for the 2 years (and also for such information as we have for years preceding the base year) by reference to key performance measures including measures of ‘churn’
- Commissioning a series of `before and after’ interviews with key High Court practitioners in order to give us some qualitative information about the effects of the reforms
- Assembling information about relative costs of the operation of the High
Court, including the Legal Aid implications, in the base and post-implementation
years.
Programme Risks
15. The Programme Board has agreed a strategy for managing the risks associated with the delivery of the project and will review these on a regular basis.
ANNEX A
HIGH COURT REFORM – SUMMARY OF ACTION BY KEY PLAYERS
Scottish Court Service Crown Office and Procurator Fiscal Service Justice Department Programme Board /
Secretariat/Evaluation team
Accommodation –
To improve court witness accommodation
by 31/12/05 Disclosure Group – To take forward disclosure issues relating to the provision to the defence of copy productions and witness statements and to finalise a draft protocol on disclosure for consultation. Bill Team – To steer the Bill through to Royal assent by 1/6/04.
To prepare a commencement order for the increase in Sheriff’s powers for implementation in May 2004 Co-ordination – Programme Board to meet every 5-6 weeks until 31 March 2005 to drive forward the programme and communications strategy
Information Technology –
To provide upgraded IT facilities in courtrooms by 31/12/04 Solemn Business Steering
Group –
To oversee and direct COPFS work relating to the modernisation of solemn business and planning for the implementation of the Criminal Justice (Amendment)(Scotland) Bill. Electronic Tagging – To pilot and evaluate electronic tagging as a condition of bail in 2 Sheriff Court areas in 2005 Website – To oversee the production of a website giving information on the reform programme by 04/05//04
Sheriff Court Procedures – To inform staff about procedural changes by 31/3/05 Protocols Steering Group – In conjunction with ACPOS, to oversee and direct COPFS work in relation to the development of protocols with criminal justice partners Legal Aid – To prepare proposals for graduated fees and quality assurance in discussion with SLAB and the Faculty of Advocates and to amend the Legal Aid Regulations accordingly by 31/12/04 Risk assessment – To carry out a strategic level risk assessment by 29/3/04 and monitor risks at each Board meeting
Electronic Diary – To enable all Supreme Court business to be programmed electronically by 18/3/05 Working Group on Witness Communication and Citation – In conjunction with ACPOS, to explore witness citation and communication issues as they relate to the new court programming arrangements and to produce departmental guidance and instructions. Justice Department, OSSE and COPFS – To consider the transitional arrangements relating to implementation, and to prepare a commencement and transitional order to deal with those matters to enable implementation by April 2005 Communication and training– To plan and arrange a conference for stakeholders in Autumn 2004 by 30/8/04 and follow up regional road shows in autumn 2004; to co-ordinate planning of detailed training events in early 2005.
Management Information System – To enhance the High Court computer system, to enable impact of the reforms to be monitored, by 16/3/05 ¤ Evaluation and monitoring – To collect and analyse earlier years and base year data on High Court performance and develop a specification and strategy for analysing and monitoring the required post implementation data before April 2005. To arrange interviews with court users, both pre and post implementation.
Procedural Issues – To produce a supporting Act of Adjournal and issue guidance by 18/3/05
Sentencing – To assess the impact of the increase of the sentencing powers of Sheriffs on the Sheriff Courts by 30 January 2004
HIGH LEVEL TIMELINE –TARGET DATES FOR COMPLETIONImpact of increase in Sheriffs’ sentencing powers assessed 30.01.04
Court Programming Model agreed 31.01.04
Website on reform programme launched 04.05.04
Commencement order increasing sheriffs’ sentencing powers comes
into force 01.05.04
Launch event/roadshows planned and arranged 30.08.04
Launch event/roadshows delivered Oct/Nov
IT facilities in courtrooms upgraded 31.12.04
Legal Aid Regulations amended 31.12.04
Detailed training events for practitioners take place Jan-Mar
High Court CMS upgraded to monitor impact post implementation 16.03.05
Electronic Diary operative 18.03.05
Act of Adjournal completed 18.03.05
Guidance to court and COPFS staff issued 18.03.05
Sheriff Court staff informed of changes 31.03.05
Protocol on disclosure issued 31.03.05
Guidance on witness citation and communication completed 31.03.05
Improvements in court witness accommodation completed 31.12.05
Preparation of a commencement/transitional order 31.03.05
Commencement date for Criminal Procedure (Amendment)(Scotland) Act 01.04.05
Electronic Tagging pilots up and running 31.12.05
Impact of reforms monitored and evaluated 30.06.06
ANNEX B
WHO IS DOING WHAT?SCOTTISH COURT SERVICE
Key issues and Team Leaders
Overall co-ordination within SCS - Eleanor Emberson, Chief Executive
Accommodation – David Currie
Information Technology – David Morris
Sheriff Court Procedures – David Young
Electronic Diary – John Anderson
Management Information System – Norman Dowie
Procedural Issues - Norman Dowie
Sentencing Powers - Cliff Binning
Point of Contact: Allan Finlayson, SCS Project Manager.
E Mail: bonomyenquiries@scotcourts.gov.ukAims and Projected Outcomes:
Accommodation – To provide improved witness accommodation in courtrooms to comply with the Bonomy proposals.
Information Technology – To provide remote viewing facilities and TV links to courtrooms.
Sheriff Court Procedures – To inform staff of the procedural changes which will be brought about by the legislation.
Electronic Diary - To enable all Supreme Court business to be programmed electronically, including the fixing of trials in court by the Clerk of Court.
Management Information System – To further enhance the computer based MIS presently being installed in the High Court to enable information on the impact of the reforms to be monitored.
Procedural Issues - To formulate the necessary subordinate legislation to support the Criminal Procedure (Amendment) (Scotland) Bill and to produce procedural guidance for court staff.
Sentencing - To assess the impact of the change on the Sheriff Courts.Key Targets:
Accommodation: All courts on the programme to be upgraded by 31/12/05.
Information Technology: Equipment installed in selected courts by 31/12/04.
Sheriff Court Procedures: Guidance to be issued by 31/3/05.
Electronic Diary: System to be installed, tested and operational by 18/3/05.
Management Information System: Adjustments to be completed by 16/3/05.
Procedural Issues: Acts of Adjournal completed and guidance issued by 18/3/05.JUSTICE DEPARTMENT
Key issues and team leaders:
Overall co-ordination of implementation – Wilma Dickson
Electronic Monitoring – Sharon Grant/Jackie KnoxLegal Aid - Andrew Dickson
Aims and Projected Outcomes:
Electronic Monitoring – To pilot and evaluate electronic monitoring as a condition of bail in the Sheriff and High Courts
Legal Aid - To amend fees for advocates for criminal legal aid to reflect the new Bonomy regime
The Implementation Team – To consider transitional issues related to implementation, to decide how existing cases should be dealt with, and to prepare a commencement and transitional order.
Key Targets:
Electronic Monitoring - Pilot likely to commence in 2005
Legal Aid – New regulations must be in place when Bonomy changes commence (April 2005)
The Implementation Team – Decide how to deal with existing cases by July 2004. Prepare commencement/transitional order by March 2005.
1. The provisions in the Bill are not in response to recommendations in the Bonomy Report, but part of a separate strategy to extend the use of electronic monitoring within the Criminal Justice system.
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
Key issues and team leaders:
Solemn Business Steering Group : Norman McFadyen, Crown Agent
Project Solemn Renewal : Jim Brisbane, John Dunn
Disclosure Group : Jim Brisbane
Protocols Steering Group : Norman McFadyen
Working Group on Witness Communication and Citation : Jennifer HarrowerContact E mail Address: copfs@gsi.gov.uk
Telephone: 0131 226 2626Aims and Projected Outcomes:
Solemn Business Steering Group
To oversee and direct COPFS work related to:
- the modernisation of solemn business
- planning for the implementation of the Criminal Justice (Amendment)(Scotland) BillDisclosure Group
To take forward disclosure issues, relating to the provision to the defence of copy productions and witness statements
Finalise draft protocol on disclosure, for consultation
Protocols Steering Group
To oversee and direct COPFS work in relation to the development of protocols with criminal justice partners.
Working Group on Witness Communication and Citation
Explore witness citation and communication issues as they relate to the new court programming arrangements under Bonomy; produce guidance/instructions for the department.
COPFS/SCS JOINT WORKING GROUP ON COURT PROGRAMMINGTEAM LEADERS:
Norman Dowie (SCS)
John Dunn (COPFS)POINTS OF CONTACT:
Norman Dowie, Deputy Principal Clerk of Justiciary, High Court
Building, Lawnmarket, Edinburgh.Tel: 0131 225 2595 ext 6900
E Mail: bonomyenquiries@scotcourts.gov.ukJohn Dunn, Head of Crown Office High Court Unit, Crown Office/Procurator Fiscal Service, Chambers Street, Edinburgh.
Tel: 0131 226 2626
E Mail: copfs@gsi.gov.uk
AIM OF GROUP AND PROJECTED OUTCOMES:
To agree a model for the programming of High Court business post implementation
of Lord Bonomy’s reforms.
KEY TARGETS:
To submit proposals to the Lord Justice General by 31 January 2004 [Achieved]
To develop an approach to the programming of Preliminary Hearings and Trials business (which takes account of factors such as defence counsel availability, the planning of AD business/rota, the avoidance/reduction of duplication, the preference to assign PH business to nominated, trained judges, etc)
PROGRAMME BOARD SUB-GROUP ON EVALUATION AND MONITORINGGroup members:
Wilma Dickson, JD (Chair) Norman Dowie, SCS
Ian Clark, JD Robert Jenkins, SCS
John Ross, JD Allan Finlayson, SCS
Keith Connal, COPFS
REMIT:
To evaluate the effects of the High Court reform programme, especially on the caseload and throughput of the High and Sheriff Courts, by comparing performance in the years immediately preceding 1 April 2005 and the 12 months afterwards.
ANNEX C
HIGH COURT REFORM PROGRAMME BOARD
MEMBERSHIP AND TERMS OF REFERENCE
The membership of the Board is as follows:
Joint Chairpersons:
Micheline Brannan, Head of Criminal Justice, Justice Department
Norman McFadyen, Crown AgentMembers:
Lindsay Montgomery, Chief Executive, Scottish Legal Aid Board
Ruaridh MacNiven, Legal Secretary to the Lord President
Malcolm Dickson, ACPOS
John Anderson, Principal Clerk of Session and Justiciary, Scottish Court Service
Wilma Dickson, Head of High Court Reform team, Justice Department
Moira Ramage, Procurator Fiscal, Sheriff Court, Greenock
Tom Fyffe, Criminal Procedure Division, Justice department
Andrew Dickson, Legal Aid Branch, Justice Department
Paul Smart, Head of Victims and Witnesses Unit, Justice Department
Paul Davidson, Scottish Prison Service
David Henderson, Police Division, Justice Department
Alison Coull, Office of the Solicitor to the Scottish Government
Allan Finlayson, Scottish Court Service (Secretary)The remit of the Board is:
- To drive the development of the reform programme with a view to implementation in April 2005;
- To spot possible obstacles and reach a view on the best way of avoiding them;
- To oversee communication to all stakeholders about the reform programme; and
- To develop and oversee a methodology for evaluating the effectiveness of the programme.