Summary Justice Reform
The story so far.
A major Bill to introduce radical change to the summary criminal justice system in Scotland completed its various stages through the Scottish Parliament on 18 January 2007.
The Bill received Royal Assent on 22nd February 2007. Royal Assent is the stage in the making of a law when the approval of the sovereign turns a bill that has been passed by the Parliament into an Act of the Scottish Parliament.
Titled the Criminal Proceedings etc. (Reform) (Scotland) Act, it is expected to come into force later this year
Summary justice can be defined as all non-jury criminal prosecutions, which account for 96% of all those taking place in Scotland.
The Bill's origins are in a review of the summary justice system carried out by an independent committee chaired by Sheriff Principal John McInnes. The 280 page McInnes report ('Report of the Summary Justice Review Committee') brought forward recommendations that are at the core of the Bill's reforms, focussing on:
Changing the law relating to criminal proceedings: so that cases can be dealt with as quickly and effectively as possible to improve speed and efficiency.
Increasing the criminal sentencing powers of the sheriff summary courts in the interests of their case load handling and efficiency.
Extending the range of alternatives to prosecution that can be offered: robust alternatives together with greater use of direct measures by the Procurator Fiscal.
Reforming the way in which fines and other financial penalties can be collected and enforced: the introduction of Fines Enforcement Officers with new powers will enhance confidence in the fine as an effective deterrent and free up expensive court time.
Creating a unified courts administration, establishing justice of the peace courts in place of district courts ensuring greater efficiency and consistency
Reforming the ways in which justices of the peace (JPs) are recruited, appointed and trained, and to introduce a system of appraisal for JPs: fulfils the public's wishes to retain lay people in the summary justice system and ensure they provide consistently high standards throughout Scotland.
The Act also introduces changes to the system of bail and remand in both summary and solemn cases based on the report of the Sentencing Commission: changes to reassure the public and sends a strong message to offenders.
In preparation for implementing this package of reforms, a number of key projects being undertaken by the Scottish Executive and its Agencies, are underway.
Central to the changes is the Executive's drive to reduce re-offending and make Scotland's communities, safer and better to live in.