Scottish Government

REPORT OF THE SUMMARY JUSTICE REVIEW COMMITTEE
SUMMARY OF RESPONSES TO THE WRITTEN CONSULTATION - FINAL REPORT

FEBRUARY 2005
mruk Ltd

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CONTENTS

COVERING LETTER
EXECUTIVE SUMMARY
CHAPTER ONE BACKGROUND
CHAPTER TWO THE WRITTEN CONSULTATION
RESPONSES RECEIVED
ANALYSIS AND PRESENTATION OF THE DATA
THE PRESENTATION OF THE DATA
CHAPTER THREE GENERAL ISSUES REGARDING THE SJRC REPORT
CHAPTER FOUR JUDGES IN THE SUMMARY COURT
INTRODUCTION
THE RESPONSES RECEIVED 7
ARGUMENTS IN FAVOUR OF RETAINING LAY JUSTICE
ARGUMENTS IN FAVOUR OF ABOLISHING LAY JUSTICE
CHAPTER FIVE UNIFICATION OF THE SUMMARY COURT SYSTEM
INTRODUCTION
IN FAVOUR OF COURT UNIFICATION
AGAINST COURT UNIFICATION
CHAPTER SIX ALTERNATIVES TO PROSECUTION
INTRODUCTION
THE RESPONSES RECEIVED
GENERAL COMMENTS REGARDING ALTERNATIVES TO PROSECUTION
CHAPTER SEVEN FINE ENFORCEMENT
INTRODUCTION
NUMBERS RESPONDING
GENERAL COMMENTS REGARDING FINE ENFORCEMENT
A FINE ENFORCEMENT AGENCY
CURRENT SYSTEM OF FINE ENFORCEMENT
CHAPTER EIGHT SUMMARY CRIMINAL PROCEDURE (i): ENCOURAGING EARLY PLEAS
INTRODUCTION
THE RESPONSES RECEIVED
CHAPTER NINE SUMMARY CRIMINAL PROCEDURE (ii): WITNESSES
INTRODUCTION
CHAPTER TEN SUMMARY CRIMINAL PROCEDURE (iii): TRIAL IN ABSENCE
INTRODUCTION
IN FAVOUR OF EXTENDING THE USE OF TRIAL IN ABSENCE
AGAINST EXTENDING THE USE OF TRIAL IN ABSENCE
CHAPTER ELEVEN SUMMARY CRIMINAL PROCEDURE (iv): A SUMMARY APPEAL OURT
INTRODUCTION
IN FAVOUR OF THE CREATION OF A NEW SUMMARY APPEAL COURT
AGAINST THE CREATION OF A NEW SUMMARY APPEAL COURT
CHAPTER TWELVE OTHER COMMENTS
INTRODUCTION
ALIGNMENT OF BOUNDARIES
OPTIONS FOR THE POLICE IN RELATION TO MINOR CASES WHICH DO NOT REQUIRE TO BE REPORTED FOR PROSECUTION
REPORTING TO THE PROCURATOR FISCAL 6
BETTER COMMUNICAITON BETWEEN PROCURATORS FISCAL AND POLICE AT AN EARLY STAGE
UNDERTAKINGS TO APPEAR IN COURT
DEALING WITH MULTIPLE CASES AGAINST AN ACCUSED
PRIORITISATION OF CASES
INTERMEDIATE DIETS
PRODUCTIONS FOR SUMMARY CASES
EVIDENCE OBTAINED USING VIDEO TECHNOLOGY
TRIAL COURTS
THE ROLE OF THE BENCH IN MANAGING COURT BUSINESS
SOCIAL ENQUIRY REPORTS
COURT SITTING HOURS
HOW WILL WE KNOW WHETHER THE CHANGES WE RECOMMEND ARE WORKING?
CHAPTER THIRTEEN CONCLUSIONS
APPENDIX A LIST OF RESPONDENTS

ACKNOWLEDGEMENTS

We wish to thank staff within the Scottish Executive for their assistance throughout this study and in preparation of this report: Ian Clark, Noel Rehfisch and Wilma Dickson.

The views expressed in this report are those of respondents and do not necessarily represent those of the Scottish Executive or Scottish Ministers.

Susan Solomon
Gareth Barton
mruk research