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Modernising Justice in Scotland: The Reform of the High Court of Justiciary
Chapter 11: CONCLUSION
- New systems and rules are not of themselves the whole answer. They will help to support the much more fundamental cultural shift which underlies Lord Bonomy's vision of a more effective system.
- The Crown Office and Procurator Fiscal Service reforms are already leading to a prosecution service which is more open with the defence at an earlier stage of the case. The proposals in this White Paper will take that process a step further.
- Our proposals also recognise the time pressures on the defence in the most serious cases, and seek to alleviate them. And they also provide a new forum - the preliminary hearing - at which procedural issues will be sorted out before the trial starts. So when a case comes to trial, it should be possible to make progress with the heart of the issue - hearing the evidence and determining guilt or innocence - rather than wasting time on technical discussions
- These changes should undermine today's 'adjournment culture', in which adjournments are frequently sought and rarely questioned. Both defence and prosecution will have to be ready to meet a more challenging approach from the bench.
- We are committed to efficient justice, which is fair to the accused and respects the needs and the role of victims, witnesses and jurors. When we asked the public what they saw as the priorities for High Court reform, fewer delays and greater certainty were at the top of the list.
- This White Paper sets out the Executive's proposal for change. But we recognise we in the Executive cannot simply solve all the problems in the High Court by introducing legislation.. We need to create the context for change, by reducing overload and streamlining procedures. We shall begin the process very quickly, introducing amending legislation in Autumn 2003 and implementing the proposal that more cases should be heard in the sheriff court from Spring 2004. We recognise, however, that change will be achieved through partnership with all the stakeholders who work in and manage the Court, and critically with the judiciary
- Our arrangements for implementing and monitoring change will reflect that awareness. We shall work with our partners on the details of implementation, particularly in relation to court programming and legal aid changes. And we shall agree with our partners mechanisms for monitoring and evaluation which reflect the different roles of those involved and the independence of the judiciary.
- This is the first major piece of legislation in an ambitious programme of court reform which is focused on greater efficiency in the delivery of justice. Efficiency is not, however, an end in itself; it is a means to the end of better justice. We want justice which is responsive to the needs of victims and witnesses while also being fair to the accused. We cannot eliminate the stress of giving evidence, or of being a victim of crime, but we should ensure that the treatment received in our criminal justice system helps to relieve it rather than compounding it. This White Paper represents a crucial next step on our agenda for reform.
- Comments on this White Paper may be sent to:
Mrs M Ramage
Scottish Government Justice Department
Criminal Procedure Division
1WR
St Andrew's House
Regent Road
Edinburgh
EH1 3DG
(moira.ramage@scotland.gsi.gov.uk)
Translated copies of this White Paper are available in six community languages on request from the above address.