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Reform of summary justice system
06/12/2007
The summary justice reform programme is aimed at making the entire system swifter and more focused on the needs of victims, witnesses and the accused.
Speaking on the day of a parliamentary debate on summary justice reform, Justice Secretary Kenny MacAskill said:
"Our vision for a quicker, more efficient and more effective summary justice system is one shared by all sides of the Parliament.
"Our justice system is built on traditional values of independence and fairness but we must also adapt with Scottish society as it changes, modernising to cope with new challenges while retaining the priniciples on which its reputation has been built.
"Over 90 per cent of all cases that call in our criminal courts are summary cases and these reforms will help lay the foundations for the kind of justice system that will deal quickly and efficiently with offenders and help break the cycle of reoffending.
"At the moment two-thirds of summary justice cases reach a conclusion within six months - but that still leaves a third that are not, prolonging the agony for victims and witnesses, needlessly taking up the valuable time of our dedicated police officers and wasting taxpayers' money in the process.
"Is this a system we wish to retain? We need to face some home truths about the system as it currently stands. There is simply too much delay and inefficiency at the moment.
"These reforms will help introduce a system that is more responsive to the needs of victims and witnesses but remains firmly rooted in the principles of fairness, independence and integrity on which our entire justice system is based.
"The radical reforms coming into force over the next year will not change things overnight. However they will have a positive impact on victims, witnesses and practitioners who come into contact with the summary justice system. There is still much to do but these reforms arrive at a crucial phase, building on the successful reforms to the High Court. I want us to seize the opportunity to ensure we have a modern summary justice system - one that is fit for a safer, stronger Scotland in the 21st Century."
Reforms to lay justice - which provide communities with a direct link to their justice system - will ensure it can flourish. And in March next year we can expect further changes with fines enforcement officers taking on responsibility for the collection and enforcement of fines, freeing up court and police time.
At the same time the Scottish Court Service will take over the running of JPcourts in Lothian & Borders with a similar set-up being introduced in Grampian, Highlands & Islands in June.
An increased range of direct measures available to the procurator fiscal will come on stream, freeing up courts to deal with more serious cases.
On 18 January 2007 the Criminal Proceedings (Reform) (Scotland) Act 2007 ("CPRA") was passed with cross-party support in the Scottish Parliament. The Act contains a number of legislative changes to different areas of the criminal justice system, which taken together are intended to make summary justice faster, more efficient, and more visible to the communities it serves.
Legislation, however, is only part of what is planned; the programme of reform is considerably wider than that. Many of the forthcoming changes to practice and procedure are non-legislative in nature, and anticipate a change in the culture of the summary courts. They are intended to amount to significant reform to the operation of the summary justice system.