Proposal

Recommendation Numbers

Paragraph Numbers

We will implement Section 13(1) of the Crime and Punishment Act 1997 to increase the sentencing power of the sheriff to five years

16 (a)

30

The Crown to issue a provisional list of witnesses to the defence; to provide information about material developments of the case as they become available; to issue a courtesy copy of the indictment to the defence agent with copy productions, not already provided.

2(a)-(e)

48-54

Parties to state reasons for any challenge to a notice of uncontroversial evidence

6(b)

59

Applications for extensions to the custody time limits in sheriff court cases to be made to the sheriff.

11(d)

87

Where a case cannot be brought to trial within the custody time limits the accused should be entitled to be released on bail.

11(f)

93

The only grounds for extending the time limits should be 'on cause shown'

11(c)

94

We shall change ‘may’ to ‘shall’ in the introduction to section 196(1) of the Criminal Procedure (Scotland) Act 1995. This will signal that the sentencing judge must take into account the stage at which the accused notified his or her intention to plead guilty and also the circumstances in which this indication was given.

4(a)

111

The judge to state in open court that a discount has been granted, and if no sentencing discount is awarded, to state reasons for this decision.

113

The introduction of applications to bring forward the date of trial.

13(a)

132

Where an accused fails to attend and a warrant is granted for his apprehension the indictment should remain live for a period of up to two months.

13(b)

134

We will consider further whether we will follow up trial in absence

13(c)

133

When or after the Court arranges a purely procedural hearing, it can administratively excuse the accused/convicted person from attendance.

19(a)

19

We propose to use the High Court Bill to take forward proposals for the introduction of electronic monitoring to support a curfew condition of a bail order

134

We propose to amend s 281 of the Criminal Procedure (Scotland) Act 1995 to allow for either one of the scientists mentioned on the indictment to give evidence about the contents of a forensic science report that evidence, unless challenged, being sufficient evidence of the contents of the report

25(d)

138

We propose that the status of witnesses who abscond or are reluctant to attend should be altered to enable the appropriate court to place them on bail as an alternative to remanding them in custody.

136

We propose to require the defence to advise the court at the preliminary hearing in the high Court and the first diet in the sheriff court as to the witnesses on the indictment they require to attend.

7(b)

141

At the preliminary hearing in the High Court and the first diet in the sheriff court the court should explicitly address any need for enhanced bail conditions given the nature of the case.

19(c)

153

Where practicable, a room should be made available for victims, their relatives and other vulnerable witnesses.

154

The court to decide on special measures appropriate to the individual case, even if the witness does not fall into a category of persons statutorily defined as 'vulnerable'.

149