IMPROVING PRACTICE
CHAPTER 10 THE LOCATION OF THE HIGH COURT
Territorial Jurisdiction
10.1 In 1672 the jurisdiction of the High Court was set as extending to the whole country. That remains the case for the modern High Court 162. In addition there are today a number of circumstances in which offences committed outwith Scotland, and indeed outwith the United Kingdom, may fall within the jurisdiction of the Court 163.
The Tradition of Sitting on Circuit
10.2 In the preamble to the Courts Act 1672 the purpose of the newly constituted Court was declared to be to ensure that offenders might be punished "either in the most publick places of the Kingdom, or in the places where the Crimes have been committed, to terrifie others from the like " 164. Traditionally the High Court has dealt with cases on circuit both in the most prominent centres of Glasgow and Edinburgh and in other prominent towns throughout the country.
10.3 While the particular towns have varied over the years, the Court has always sat regularly in Edinburgh, Glasgow, Aberdeen, Inverness and Perth. From 1672 till 1987 165 the country was divided into four districts or "circuits" for judicial purposes: Home, West, North and South 166. The towns in which the court sat varied from time to time. Certain towns were at different times in different circuits. The principal judicial centres for these circuits were respectively: Home circuit - Edinburgh; Western circuit - Glasgow, Stirling, Inveraray, Oban; Northern circuit - Inverness, Aberdeen, Dundee and Perth; Southern circuit - Dumfries, Jedburgh, Ayr. As recently as 1981 Airdrie was added to the Western circuit as an additional circuit town with six sittings specified 167. The court also sat regularly in the 1980s and early 1990s in other towns in the West of Scotland and in Fife. It was always recognised that the court could sit in any Sheriff Court which might be most convenient for the trial of any crime in or near the locality where such crime had been committed, although that town was not one of the regular seats of the court. The current statutory provision, section 2(1) of the Criminal Procedure (Scotland) Act 1995, is in the most general of terms, to the effect that the High Court will sit at such times and places as the Lord Justice General, whom failing the Lord Justice Clerk, may, after consultation with the Lord Advocate, determine. As a result, the principle of hearing cases largely in the area where the crime was committed 168, and otherwise in the principal centres of Glasgow and Edinburgh, remains in place.
Where Should Cases Be Heard
10.4 No one expressed any disquiet about that principle. Quite the opposite was the case. There is widespread support for the court continuing to sit "on circuit". The system whereby judges of the Supreme Court preside over the most serious criminal cases in the locality where the crimes are committed has served Scotland well for over three hundred years. The judges are members of a collegiate body meeting regularly, exchanging experiences and discussing topical criminal justice issues. This has generally brought consistency of practice throughout the country.
10.5 The current system is that cases are largely tried in seven principal locations, viz, Edinburgh, Glasgow, Inverness, Aberdeen, Kilmarnock, Paisley and one or other of Perth, Forfar and Dundee. The original plan was apparently to have six such centres, but, because of pressure of business in the Glasgow area, Paisley was added. There are in addition occasional sittings held in places such as Peterhead, Stonehaven, Stirling and Dunfermline.
10.6 Because the only purpose-built High Courts are in Edinburgh and Glasgow, all other sittings are held in Sheriff Court buildings and bring with them inevitable disruption. The establishment of a routine restricted to certain Sheriff Courts minimises that disruption. As the paperwork associated with cases has become more voluminous, and as the preparation of certain cases has become more complex, there has been an understandable desire on the part of the Lord Advocate to concentrate the work of the staff involved in the organisation of High Court business to certain identified centres with a view to achieving stability and consistency. While the disruption that such a system inevitably creates will never be eliminated, it is a small price to pay to maintain the principle of hearing cases close to the scene of the crime.
10.7 There is adequate accommodation in both Kilmarnock and Paisley. Accommodating the High Court in Inverness is more difficult, but the Sheriff Court building can cope as long as the commitment to the High Court remains at the current level of about twelve weeks per year. Elsewhere the position is more complicated. Although significant expenditure has been incurred in fairly recent years in substantially upgrading the accommodation in the Sheriff Courts in Aberdeen and Dundee, the subsequent growth in the business of the High Court and at both Sheriff Courts was not foreseen.
Aberdeen
10.8 The High Court is currently an almost permanent visitor to Aberdeen. There are sittings virtually every month of the year, and on occasions they almost merge into one another. Because of pressure of business in the Sheriff Court, additional sittings are held in Stonehaven or Peterhead. Cases which ought to proceed in Aberdeen are often heard in Inverness for the same reason. The pressure on the Sheriff Court has been recognised, and property has been purchased nearby for conversion into two jury courts and the necessary ancillary accommodation. The High Court will have first call on one of these courts. I would envisage that court being used exclusively for the work of the High Court.
10.9 Some sittings of the High Court in Aberdeen have recently consisted of exceptional numbers of cases 169. The prospect of a High Court sitting extending beyond the two weeks allocated often threatens disruption to the business of the Sheriff Court. Sittings have been brought to a premature end because of this tension. The potential for further tension exists at virtually every High Court sitting in Aberdeen. That cannot be allowed to continue. It is essential that the new building should be converted as soon as possible. A scheme has already been prepared, but the decision to act upon it has not yet been taken.
Perth, Forfar and Dundee
10.10 The position in Perth, Forfar and Dundee is more complicated. Forfar is not an obvious place for the High Court to sit regularly. It is a relatively small town with poor public transport links to the immediate surrounding area and the large urban areas of Dundee and Perth. However, pressure of business at the Sheriff Courts in Perth and Dundee, and the fact that Forfar has an imposing courthouse where pressure of business is somewhat less than in the other two main centres, have recently led to the Court sitting in Forfar more frequently than in Dundee and Perth. Throughout the period from December 2001 till the end of March 2002, the main court in Forfar was occupied by one case 170. Three other anticipated sittings of the High Court were held briefly to enable the business to be transferred to other courts. Virtually no relief could be found in either Dundee or Perth. Cases were reallocated to courts, in particular Edinburgh, far removed from the places where the crimes were committed. The court continued in almost permanent session in Forfar until May. The business of the Sheriff Court is confined to a small courtroom with little accommodation for the public. The High Court occasionally requires to adjourn when the main courtroom is required to accommodate the volume of urgent Sheriff Court business.
10.11 The High Court should sit occasionally in Forfar. However, Forfar should not be the principal location for the High Court in Tayside, Angus and Perth. It is inconsistent with the policy, that cases should be tried in the area where the crimes are committed, that such a large urban centre as Dundee should not host the High Court regularly, and that so many cases emanating from Dundee should be heard at other locations. In the area presently served by these three courts, Dundee is the main urban centre, in which the High Court should sit regularly as a matter of course. In addition, Perth is a city where the court has traditionally sat regularly, and like Forfar it is a location at which the court should continue to sit occasionally.
10.12 Senior management of the Scottish Court Service recognise the difficulties in this area. Their view is that there is a need to provide accommodation for the High Court in Dundee, but consider that the need in Perth is less, because there is less High Court business in the immediate locality, and because business from Perth can be accommodated in Edinburgh, and also in Dunfermline, which is currently available as an alternative occasional location. It would not be easy to provide additional accommodation in the existing Sheriff Court building in Perth in view of its status as a listed building. However, it can be done. There is a scheme in existence to provide a suitable courtroom for occasional use by the High Court and to supplement the Sheriff Court accommodation. It should be implemented.
10.13 If the policy of restricting the regular centres for High Court business to six or seven places in the country is to continue, then Dundee should be one of these centres. I understand that the aim in Dundee is to find alternative accommodation, in order to provide courtrooms to deal with the civil work of the Sheriff Court, and to dedicate the existing court building to criminal work. Should that be achieved, there should be adequate accommodation to enable the High Court to sit regularly. Suitable accommodation has not yet been identified. The Scottish Court Service should redouble their efforts to identify suitable accommodation, and have it converted at an early date, to restore Dundee to its proper place in the High Court calendar.
The Possibility of Sitting in Other Courts
10.14 There is considerable support for the view that, when business arising in the area of a town that has a Sheriff Court would merit a sitting of the High Court there, then every effort should be made to arrange one, if the Sheriff Court can accommodate a sitting. A good example is Dumfries, where the Court building has been renovated and extended, and serves an area from which none of the other regular High Court centres is readily accessible.
Transfer of Cases to Other Courts
10.15 Pressure of business at a sitting can be relieved by transferring a case or cases to another current sitting 171. That requires the attendance of the parties, including the accused, for a matter of seconds at the original court while an order is pronounced transferring the case to another court. That often means the loss of a day while this exercise is undertaken. There is really no reason why the matter should not be done administratively, with the agreement of the parties, and without any formal calling or attendance at court.
10.16 The present arrangements apply only where there is another convenient sitting of the court in progress 172. However, it should be possible to transfer the case to any suitable vacant court room. As matters stand, that cannot be done, not only because the law does not permit it, but also because there would be no jurors cited at the alternative venue 173. It should be possible to devise arrangements for transferring the jurors to the suitable alternative court as long as that court is within reasonable travelling distance.
10.17 The Criminal Justice Bill currently before the Scottish Parliament includes provisions permitting the transfer of Sheriff Court solemn cases from the court in which the case was initiated to another convenient court where there is a sitting in progress. That would have enabled Sheriff Court solemn business to have been transferred from Forfar to a concurrent sitting in Dundee, when the High Court business in Forfar continued unexpectedly. However, what I have in mind is a provision authorising the transfer of business to an available courtroom at which there is no concurrent sitting. If the cases, along with the jurors to hear them, could have been transferred from Forfar to, for example Arbroath, then some of the cases, which could not be heard at Forfar because of the pressure of business there, might still have been heard in the locality.