This item was published during the term of a previous administration that ended in April 2007
Listen
Radical changes signalled for High Courts
11/12/2002
The introduction of "radical reforms" for Scotland's High Courts has been signalled following the publication today of Lord Bonomy's report into how the courts could be improved.
Justice Minister Jim Wallace said that "well-established practices should not be regarded as sacrosanct if they are now hampering the delivery of justice".
The Minister indicated that new pressures on the High Court in recent years now require new procedures to be introduced.
A consultation on Lord Bonomy's report will be conducted over the next four months and the Executive has scheduled a potential legislative slot in the next Parliament to introduce any changes.
Mr Wallace said:
"Lord Bonomy has highlighted the significant new pressures placed upon Scotland's High Courts in the past six or seven years. Since 1995 there has been a very substantial increase in the number of adjournments, callings and indictments.
"A lot of this can be attributed to a rise in the number of drugs cases going before the High Court and to the increasingly complex cases involving scientific and high tech evidence that the courts have to deal with. All of these factors place extra pressure on the courts.
"It is clear to me that we must make changes to allow the High Court to operate more effectively. One of the principle aims of these changes is to take more account of the needs of those who find themselves temporarily caught up in the criminal justice system.
"I am talking specifically about jurors, witnesses and victims who often find themselves messed about by trials being adjourned or postponed at short notice. Giving evidence in a serious case can be very traumatic and we must try and avoid having people working themselves up only to find the case doesn't go ahead.
"Some of the recommendations offered by Lord Bonomy involve fairly radical reforms of some well established High Court practices. I am firmly of the view however that we should not let this deter us. Well-established practices should not be regarded as sacrosanct if they are now hampering the delivery of justice.
"There will, I'm sure, be a lot of discussion during the consultation stage about the proposals regarding the modernisation of the '110 day rule'.
"I think people should not get too hung up on the rule and should concentrate more on the principle behind the rule. We must keep to a minimum the period someone is held in custody while they await trial. But it is clear that the current system is often placing an undue pressure on defence lawyers who regularly seek extensions of the 110 day period.
"I agree with Lord Bonomy that the real jewel in the crown of our current system is the serving of the indictment within 80 days and I think this is a vitally important part of our system.
"I would raise the question of whether it is just to allow a person accused of a very serious crime to walk free with what amounts to immunity from prosecution if the Crown fails to bring that person to trial within a certain time limit? I think not, and I believe we should look for a different sanction where a time limit is broken for whatever reason.
"One of the things that would make a dramatic improvement to the way the High Court works would be if the court could identify a specific date for a trial to start and then for there to be a strong likelihood that the trial would indeed start on that day.
"This would be particularly valued by witnesses, jurors, victims and police officers in terms of minimising the impact it would have on them personally and how it affects their other commitments.
"At present the High Court operates something akin to an airline booking system. They identify a two week court sitting rather than a specific start date for a trial. They know that some trials won't take place so they overbook the sitting. This leads to uncertainty and can lead to a lot of stress on the part of victims and witnesses.
"The review of the High Court is a significant plank of our radical reform agenda for the criminal justice system. T
"This is a reform programme that has seen us appoint judges in a more transparent manner, stop the victims of sex attacks being cross-examined by their alleged attackers, provide more protection for vulnerable witnesses and make substantial changes to the structure of the Crown Office.
"We now want to move forward with changes to the High Court which are designed not simply to benefit the regular performers in the court but also for those caught up temporarily in the system. I look forward to hearing the views of others on Lord Bonomy's report."