FOREWORD by the Minister for Justice
These proposals for a Judiciary Bill mark another important chapter in our ongoing programme to reform and improve Scotland's justice system. People in Scotland want a modern, responsive system of justice that serves the needs of all their communities. We have shown in our actions, and through results, that we are on their side.
We have reformed the way the most serious cases are dealt with in the High Court, giving greater certainty to those who come into contact with the system as witnesses, jurors and victims. We have brought about the most far reaching changes in recent times to the way summary justice is delivered. We have provided much-needed support to children and vulnerable adults to help them give their best evidence. Drug and youth crime has been targeted through specialist courts, and we have introduced measures to stamp out anti-social behaviour in our communities.
Delivering these changes is, of course, much more than just a job for government. In implementing these changes we have been greatly assisted by the co-operation of those working within the legal system - and at the very heart of improvements has been the assistance of the independent judiciary.
Scotland's judges and sheriffs play a key role in the justice system. That is why it is important that legislative provisions and other arrangements are in place for the judiciary which reflect the modern day circumstances and considerations they face. We believe this is not the case at present and that these arrangements require modernisation. That was why, in 2006, we published our proposals for change in the document Strengthening Judicial Independence in a Modern Scotland.
I was very encouraged when in response to our proposals the Lord President expressed a desire to become involved in the management of the Court Service. The more active involvement of the judiciary in the justice system is in my view a potential benefit.
But the current framework within which our judiciary operate hinders their ability to participate more fully in the development and operation of the system. So turning a desire to become involved into a reality needs a new modern approach. In this paper we set out how we propose to do it.
There are two parts to the paper. The first is a draft Bill which deals with important aspects of the relationship between the judiciary and the main branches of government. At the forefront is our commitment to the continued independence of the judiciary. We are also fulfilling our commitment to place the Judicial Appointments Board on a statutory basis. And we are modernising the arrangements that would be used if it were ever necessary to remove a judge or sheriff from office. These provisions alone strengthen the independence of the judiciary.
But we want to do more and our plans are set out in the second part of the paper which accompanies the draft Bill. We are discussing with the judges how we can bring together our proposals for the unification of the judiciary with the Lord President's wish to take a role in the governance of the Court Service. There are many issues to consider, and we need to take time to develop the best arrangements. We are also conscious that the governance of the Court Service was not discussed in the consultation paper, although some commentators did mention it in their responses. We want to hear views from all who have an interest in this before reaching firm conclusions.
Until we reach decisions on the role of the Lord President in the governance of the Court Service, we cannot take a firm view on the subsequent legislation that would be necessary to address the many practical issues that would flow from it. These include arrangements for managing the business across the courts, and the development of schemes for the deployment, welfare, training and conduct of the judiciary.
We have refined our proposals in these important areas, taking account of what was said to us during the consultation. We have also said where, in light of the consultation, we have decided not to proceed with a proposal, or to proceed in a different way.
We welcome your comments on all aspects of the paper, including the draft provisions in the Bill. We will take account of these in finalising a draft Bill which would then be ready for any new Administration to introduce into the Scottish Parliament. This is now an opportunity for further thought and reflection - but I believe this paper would provide options for action by a future Administration in what is a vital area of our justice system.
Cathy Jamieson MSP
Minister for Justice
February 2007