July 19, 2007

Publications.

THE CRIMINAL PROCEEDINGS ETC. (REFORM) (SCOTLAND) ACT 2007 (COMMENCEMENT AND SAVINGS) ORDER 2007

A Bill which will deliver swifter, smarter justice in Scotland's lower courts and tighten up the system of bail and remand, has today passed the final stage in its Parliamentary process.

The Criminal Proceedings Bill - introduced to Parliament in February last year - will free up time and resources, enabling the courts to concentrate on dealing with more serious offenders who rightly generate the greatest public concern.

This latest reform package builds on improvements already introduced in the High Courts in Scotland which are delivering real benefits for witnesses, victims and jurors. Many of the Bill's provisions

The key provisions include:

  • Reforms to the system of alternatives to prosecution, including increasing the maximum level of 'fiscal fine' from £100 to £300 and introducing fiscal compensation orders, which will allow victims of minor offences to receive compensation of up to £5,000 without the case coming to court.
  • Reforms to bail and remand. The Bill underlines that consideration should be given to public safety when the court is deciding whether to grant bail. It will also ensure that anyone who has serious convictions for violent, sexual or drug trafficking offences and is accused of a similar serious offence is only given bail in exceptional circumstances. Bail conditions will also be strengthened and penalties for breach increased.
  • Creating a new post of fine enforcement officer for managing fine collection and enforcement. They will have a range of powers to ensure that fines are paid, such as arresting the wages of offenders who can pay but refuse to pay, but also offering advice and information to those who are genuinely struggling to pay. This will improve fine collection whilst reducing the amount of time the police have to spend enforcing warrants for the non-payment of fines and minimising court involvement.
  • A range of reforms to the detailed law of criminal procedure - e.g. allowing prosecutors to apply to the court to have all outstanding charges 'rolled up' into a single case, even if they are from different court areas, ensuring more efficient use of court and prosecution resources.
  • Enable trial in absence to take place in the full range of summary cases if the court considers it to be in the interests of justice to do so. This will tackle the number of offenders who seek to avoid justice or put off the day of reckoning by failing to turn up to court - causing inconvenience and distress to witnesses, and a waste of resources.

Justice Minister Cathy Jamieson said:

"Over 9 out of 10 court cases in Scotland are heard in our summary, non-jury courts so ensuring that those courts operate as smoothly and efficiently as possible is vital to our criminal justice system. Good for the professionals by making more effective use of their time and skills. Good for victims and witnesses by reducing the distress of court appearances. And good for public safety if the accused can more readily see the link between the offence they committed and the punishment handed down by the court."

"This Bill will achieve that by reducing the number of inappropriate cases that are required to come to court in the first place - freeing up more court time and resources to concentrate on more serious offenders. Why should court time be wasted on individuals who can pay but don't pay their fines, when other more appropriate action can be taken to improve fine collection and enforcement? And why should an individual not face all their outstanding charges during one court appearance, instead of taking up court and police time in different parts of the country?"

"This new legislation will also respond to understandable public concerns by reforming Scotland's system of bail and demand. Reforms designed to both reassure the public and send a clear message to those who offend on bail or fail to attend court that there will be effective sanctions. The Bill also makes clear that anyone accused of serious violent or sexual crimes, who has committed similar offences in the past, will only get bail in exceptional circumstances. Sentencers will also be required to make clear why bail is being granted in each case, and why they have chosen not to impose any special conditions."

"Crime in Scotland is falling - last year there were 20,000 fewer crimes recorded by the police and violent crime is now at its lowest level since devolution. High court reforms passed earlier in this Parliament are delivering real improvements in terms of the efficiency of court operation and the impact on victims and witnesses. This new legislation builds on that track record and represents another important milestone in rebuilding confidence in our justice services."

NOTES TO EDITORS

  • The Criminal Proceedings etc (Reform) (Scotland) Bill was published on the February 28, 2006, and is available at http://www.scottish.parliament.uk/business/bills/billsInProgress/index.htm.
  • In addition to the provisions listed above, the Bill will also:
    • Increase the sentencing powers of sheriffs in non jury trials to a maximum of 12 months imprisonment and a £10,000 fine so those courts can deal effectively with a wider range of cases.
    • Unify the administration of the Scottish courts by establishing new Justice of the Peace (JP) courts under the management of the Scottish Court Service - avoiding duplication of effort and supporting better sharing of expertise. JPs currently sit in district courts run by local authorities, which will cease to exist once courts have been unified across Scotland.
    • Reform the procedures by which JPs are appointed and trained, including provision for a system of appraisal. This will help the lay justice system better represent local communities and ensure greater consistency and higher standards of justice.
    • Place the existing Inspectorate of Prosecution in Scotland on a statutory footing. This will put it on a similar footing to other public sector inspectorates such as Her Majesty's Inspectorate of Constabulary.
  • The changes on bail and remand in the Bill take forward commitments made in the Executive's Bail and Remand Action Plan, published in September 2005 and is available at: http://www.scotland.gov.uk/News/Releases/2005/09/26114338
  • Trial in absence is currently only available in summary cases involving statutory offences where imprisonment is not an option - for example, road traffic offences such as careless driving or speeding.

Contact: Emma SheaPhone: 0131 244 2642
News Release: «NewsReleaseNo»
Internet: www.scotland.gov.uk