This item was published during the term of a previous administration that ended in April 2007
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Criminals encouraged to turn against associates
01/03/2007
New powers to help secure the conviction of more serious criminals will come into force from today.
The measures in the Police, Public Order and Criminal Justice (Scotland) Act 2006 will enable those who plead guilty to serious crimes to have their sentences reduced if they agree to provide assistance to the prosecutor in relation to the investigation or prosecution of the crime they have committed or in relation to other offences.
Justice Minister Cathy Jamieson said:
"Record numbers of police officers supported by record investment and new powers are reducing crime and creating safer communities across Scotland. "Crime in Scotland is falling and violent crime is at its lowest level since devolution. But there are still too many individuals in Scotland suffering at the hands of those involved in serious, organised and violent crime. "Already, through our Police, Public Order and Criminal Justice (Scotland) Act 2006, we have given the police powers to crackdown on knife crime, sex offenders and football-related disorder. "Turning criminals against their associates is an important weapon in the fight against organised crime. Such arrangements are already being used effectively by law enforcement officers in the USA and Australia.
"These new measures will encourage more people accused of crimes, particularly serious and organised crime, to co-operate with the police and help us strike a blow against organised crime.
"They will help increase the number of prosecutions against the most evil people in our society - drug dealers, drug traffickers, money launderers and spread confusion and distrust among Scotland's criminal fraternity.
"Our priority remains ensuring that the guilty are punished. Although there may be concerns among victims on any reduction in an offender's sentence, I am confident that prosecutors are well placed to balance the circumstances of any particular case against the wider public interest.
"For the sake of victims of crime and communities throughout Scotland who have suffered at the hands of these criminals, it is right that we should make use of any measures that help the fight against organised crime."
Under Scots law there was no formal process by which the courts could be informed and take account of the co-operation which an accused has given, or promised to give in return for a reduced sentence. These new provisions will make this available in Scotland.
The measures in the Police, Public Order and Criminal Justice (Scotland) Act 2006 which come into force today include:
- Creating a legal framework under which an accused who wishes to co-operate would enter into a written and binding agreement with the prosecutor who could then provide information to the court about the level of co-operation given or offered
- Requiring courts to take account of the extent and nature of co-operation provided or promised in deciding what sentence to impose. This does not mean that the court must impose a lower sentence, but where it does not impose a reduced sentence it must give reasons for doing so. If the court does impose a reduced sentence, reflecting the assistance given or promised, it will also state what sentence would have been imposed in the absence of that assistance
- Enabling the prosecutor to refer a case back to court if the individual failed, to any extent, to provide the assistance they had agreed to give. This will be introduced in September 2007
- Enabling someone who has already been sentenced, and who later becomes willing to provide assistance in the prosecution of other crimes, to enter into such agreements and have their sentence reviewed
- Creating a statutory basis upon which prosecutors may grant immunity from prosecution (which may be subject to conditions) for some accused persons who co-operate with the police
- Provision separate to the formal written procedure whereby the courts may take account of assistance given by an offender without releasing the fact that that assistance has been provided to public
Provisions still to come into force in 2007:
- Mandatory drug testing on arrest for anyone aged 16 or over who is suspected of a drugs or drugs-related offence, or other offences including theft. Those who test positive for heroin and/or cocaine will be required to have a drugs assessment. This will initially be implemented on a pilot basis
- Measures to improve the organisation of marches and parades, and enable local authorities to take account of a wider range of factors, such as the views of the community, when considering notifications for public processions
- Setting up of a Police Complaints Commissioner to review the handling of non-criminal complaints made about the police
- Establishment of the new Scottish Police Services Authority which will be directly responsible for providing a range of common services to Scottish police forces on a national basis, including the development of a new national forensic science service
- Placement of the Scottish Crime and Drug Enforcement Agency (formerly the SDEA) on a statutory footing under the direction of its own Director General, and enabling the SCDEA to directly recruit its own officers