SMARTER JUSTICE, SAFER COMMUNITIES
SUMMARY JUSTICE REFORM - NEXT STEPS >>>
MINISTERIAL FOREWORD
When I launched the Criminal Justice Plan I said that 'Scotland is set upon the most radical reform of its criminal justice system for more than a generation.'
We need to get the best out of our justice system - it must provide speedy appropriate responses to tackle offending before a cycle of reoffending is established. We have already outlined our proposals for better management of sentenced offenders, but it is equally important to ensure that the business leading up to the point when an offender is sentenced is conducted effectively.
And promoting effectiveness is only part of the agenda. We must focus on the reason for the existence of the justice system - to provide appropriate responses to offending behaviour. We need to ensure that communities are safe whilst making a difference to the offender. It is only through effective engagement with communities that we can develop a system which will tackle offending effectively and promote public confidence.
This document outlines our plans for reforming summary criminal justice and procedure. Although it deals with less serious offences than the High Court, summary justice accounts for 96% of criminal court business - over 130,000 cases every year. The vast majority of offenders and offences are dealt with by the summary justice system - if it is slow, the whole system becomes slow; if it does not deter reoffending minor offenders will move onto more serious crime; and if it does not engage with communities about the everyday issues affecting them those communities will feel let down by the system.
That is why we asked Sheriff Principal John McInnes and a committee of experienced professionals to review the operation of the system. The Summary Justice Review Committee's report was published on 16 March 2004 and we are indebted to the Committee for raising a number of key issues and proposing change. We have consulted fully on the report's recommendations and discussed the issues raised widely.
Our vision is of a summary justice system that:
- is faster and more visible to the communities it serves;
- works across organisations effectively and efficiently;
- tackles lower level offending quickly and appropriately, leading to reductions in reoffending; and
- involves and engages with communities to ensure that their concerns are addressed.
We have considered what the 'McInnes Committee' proposed and will implement many of its recommendations. We have also listened to what consultees, stakeholders and communities had to say - their contributions have significantly shaped the proposals outlined in this document. Our reforms to summary justice are ambitious and far-reaching and will help us realise our vision. We will bring forward legislation in the lifetime of this Parliament to deliver improvements that require changes in the law. And we will continue to involve the key stakeholders as we develop and implement change - together we will work in the interests of justice to create safer, stronger communities.
Cathy Jamieson MSP
Minister for Justice March 2005