Footnotes
1 Evaluation of the Pilot Domestic Abuse Court, Scottish Executive Justice Department 2007, ISBN 978 0 7559 6562 5; available at http://www.scotland.gov.uk/Publications/2007/03/28153424/0
2 The representatives from Scottish Women's Aid, Glasgow Violence Against Women Partnership, ASSIST and Victim Support Scotland were observers on the Group, in order to avoid any possible conflict of interest regarding the provision of victim support services. While they played a full part in the Group's work and discussions, responsibility for the content of this report lies with the remaining members of the Group.
3 The pilot court has achieved increases in speed of processing which substantially exceed the targets for the generality of bailed cases in summary justice reform. During the pilot, the target has been for those cases which proceed to a trial diet to reach this stage within 6 weeks - and this target was met in 74% of cases.
4 But note paragraph 3.11 regarding the funding of perpetrator programmes.
5 Special arrangements were also put in place for the domestic abuse court and other pilot specialist courts, in order to allow better continuity of representation by defence agents as well. The main aim of these special arrangements was to allow a client's existing solicitor to provide advice and representation at the early stages of the case, including at the initial appearance from custody. The arrangements also allowed for the current cap on follow up duty solicitor payments to be removed, thereby allowing the duty solicitor to be paid on a time and line basis for the later stages of the case.
The Group noted the value of these special arrangements for the pilot court, but did not discuss legal aid issues in any detail because its work coincided with consultation on the future of the legal aid system for all summary cases. The Group welcomes the recent decision that certain aspects of these special arrangements, in particular the ability of a client's existing solicitor to provide assistance by way of representation in custody cases, will be rolled out to all summary cases later this year, as part of the reform of summary criminal legal assistance.
6 Joint Protocol between Association of Chief Police Officers in Scotland ( ACPOS) and the Crown Office and Procurator Fiscal Service ( COPFS) 2004, available at http://www.crownoffice.gov.uk/Publications/2005/09/InPartnership
7 IDVAs are broadly the equivalent of ASSIST, although they are not necessarily commissioned to support all victims at all stages, as ASSIST has been during the pilot.
8 In practice, when selecting cases for MARAC during the pilot, a higher risk threshold has been applied than is the norm in England and Wales, because it would be difficult for Glasgow MARAC members, especially social work departments, to commit more time.
9 HMCS, Home Office and CPS (2008), Justice with Safety, available at www.crimereduction.homeoffic.gov.uk/dv/dv018.htm
10 Walby S (2004) The Cost of Domestic Violence, Home Office Women and Equality Unit
11 Sack (2002) Creating a Domestic Violence Court - Guidelines and Best Practices.
12 While COPFS and the Scottish Courts Service can seek to prioritise B Division domestic abuse cases in mainstream courts, such cases would compete for priority with other sensitive cases and cases with legal timescale constraints. Because of the assumption that there would be no increase in court time, this could only be done at the expense of the timescales for other B Division summary cases.
13 The Courts Service would need the flexibility to move custody cases from the specialist court to another custody court when necessary. Otherwise there would be a risk that some cases could not be processed on the day and the accused would then walk free.