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IMPROVING PRACTICE -
THE 2002 REVIEW OF THE PRACTICES AND PROCEDURE OF THE HIGH COURT OF JUSTICIARY BY THE HONOURABLE LORD BONOMY
Table of Contents |
Para.No. |
| Review Team |
|
| Reference Group |
|
| Consultees |
|
| The Result |
|
| Introduction |
|
| Criminal Procedure |
|
| The Hierarchy of Criminal Courts |
|
| The History of the Court |
|
| Introduction |
|
| Volume of Business |
|
| Number of New Cases |
|
| Adjournment of Cases |
|
| Identifying causes |
|
| Preparation and Intimation of the Prosecution Case - the Theory |
|
| Preparation and Intimation of the Prosecution Case - The Difficulties and Shortcomings in Practice |
|
| Other Reasons for Adjournment |
|
| Lack of Communication between Defence and Crown |
|
| Notice to the Defence |
|
| Intimation of Defence Material |
|
| The Sittings System |
|
| Non-Availability of Counsel or Solicitor Advocate Instructed |
|
| Uncertainty in Programming of Cases |
|
| Criminal Legal Aid Rates |
|
| Experienced Counsel Leaving the Bar |
|
| Sanction for Legal Aid Expenditure |
|
| The Impact of Anderson v HMA |
|
| Non-Attendance of Key Personnel |
|
| Other Causes |
|
| Weaknesses Inherent in Current System | 5.36 - 5.40 |
| CHAPTER 6 MANAGEMENT OF THE BUSINESS OF THE COURT | |
| Crown as Master of the Instance |
|
| The Procurator Fiscal Sitting Manager |
|
| Crown Internal Review of Management of High Court Sittings |
|
| The Current Management Role of the Court |
|
| Notice of January 2000 |
|
| Memorandum of February 2002 |
|
| Other Management Initiatives |
|
| Absence of Integrated Management Structure |
|
| The Ideal System |
|
| Future Management Role of the Court |
|
| Should Procedural Diet be Mandatory? |
|
| Past Experience of Procedural Diet |
|
| Introduction |
|
| Investigating and Preparing the Defence Case |
|
| Witness Statements |
|
| The Role of the Prosecutor |
|
| Informing the Accused of the Likely Sentence |
|
| Criminal Procedure (Scotland) Act 1995, section 196 |
|
| Open Plea or Sentence Bargaining |
|
| Structured Sentence Discounting |
|
| Judicial Discretion in Sentencing |
|
| Strengthening Section 196 |
|
| Additional sentencing possibility |
|
| The Name |
|
| The Purpose of the Preliminary Diet |
|
| Preparation for the Preliminary Diet |
|
| Notices of Uncontroversial Evidence |
|
| Defence Note |
|
| Pre-Preliminary Diet Meeting |
|
| Duty to Try to Agree Evidence |
|
| The Issues Which May be Raised |
|
| Calculation of Periods of Notice |
|
| Hearing Disputes about the Admissibility of Evidence |
|
| Appeal against Decisions Made at Preliminary Diet |
|
| CHAPTER 9 THE TIMING OF THE PRELIMINARY DIET AND TIME LIMITS |
|
| The 110-Day Rule |
|
| The 80-Day Rule |
|
| Extending the 110-Day Period in Current Practice |
|
| Time Between Service of Indictment and Preliminary Diet |
|
| The 110-Day Period in Future |
|
| Safeguarding the Rights of the Accused |
|
| Extending the 140-Day Period |
|
| The 12-Month Rule |
|
| A 9-Month Rule |
|
| Accommodating Extremely Complex Cases |
|
| Extending Time Limits in other Circumstances |
|
| Sanction for Breach of the 140-Day Rule |
|
| Territorial Jurisdiction |
|
| The Tradition of Sitting on Circuit |
|
| Where Should Cases be Heard |
|
| Aberdeen |
|
| Perth, Forfar and Dundee |
|
| The Possibility of Sitting in Other Courts |
|
| Transfer of Cases to Other Courts |
|
| Where Should Preliminary Diets be Held |
|
| Managing the Business of the Preliminary Diet Court |
|
| Establishing the Judge’s New Role |
|
| The Timing of the Preliminary Diet |
|
| Programming Trial Diets |
|
| Trials Which Cannot Proceed |
|
| Trial in Absence of Accused |
|
| Training |
|
| Background |
|
| The Current Practice in Glasgow |
|
| Full-time Clerks |
|
| Procurator Fiscal Sitting Manager |
|
| Faculty of Advocates - Administrative Support |
|
| Judges |
|
| Temporary Judges |
|
| What Cases does the Court Currently Hear |
|
| The Historical Development of the Caseload of the Court |
|
| What Cases Should the High Court Hear |
|
| Pressure of Business |
|
| The Sentencing Power of the Sheriff |
|
| The Appropriate Limit |
|
| Preparing for the Change |
|
| The Sheriff’s Power to Remit a Case to the High Court for Sentence |
|
| Definition |
|
| The Crown |
|
| Funding the Defence |
|
| The Position of Counsel |
|
| The Fee for the Preliminary Diet |
|
| Quality Assurance |
|
| The Position of Solicitors |
|
| Sanction for the Employment of Counsel and Solicitor Advocate |
|
| Crown Counsel |
|
| Solicitors Appearing in the High Court |
|
| Remuneration of Crown Counsel |
|
| CHAPTER 15 ARRANGING THE ATTENDANCE OF ACCUSED, WITNESSES AND JURORS |
|
| Introduction |
|
| Attendance of Accused in Custody |
|
| Eliminating Unnecessary Attendance |
|
| Adjourning for Sentence |
|
| Transport Arrangements |
|
| Attendance of Accused on Bail |
|
| Witnesses |
|
| The Current Arrangements for Citing Witnesses |
|
| Citation of Witnesses in Future |
|
| Reluctant Witnesses |
|
| Witness Intending to Abscond |
|
| Countermanding Witnesses |
|
| Attendance of Witnesses on First and Subsequent Days of a Trial |
|
| Information about Witness Availability at Preliminary Diet |
|
| Jurors |
|
| The Current Arrangements for the Attendance of Jurors |
|
| Future Arrangements for the Attendance of Jurors |
|
| Jury Excusals |
|
| Management of the Jury |
|
| The Court Day |
|
| Background |
|
| Services to Witnesses and Victims |
|
| The Witness Service |
|
| The Victim Information and Advice Scheme |
|
| Keeping Witnesses Informed of Progress in Court |
|
| Accommodation for Victims, Next of Kin and Vulnerable Witnesses |
|
| Arrangements for the Evidence of Vulnerable Witnesses |
|
| Further Arrangements for the Evidence of Children |
|
| Sensory Impairment and Physical Disability |
|
| Ensuring Judicial Awareness of Vulnerability |
|
| Interpretation |
|
| Introduction |
|
| Devolution Issue as a Constitutional Question |
|
| Devolution Issues as a Source of Delay |
|
| Background |
|
| Forensic Scientists and Pathologists |
|
| Background Reports |
|