Criminal Justice Directorate
Criminal Procedure Division
Circular No: JD/11/2009
Distribution by email as per list at Annex A
December 2009
Dear Sir/Madam
THE CRIMINAL PROCEEDINGS ETC. (REFORM) (SCOTLAND) ACT 2007 (COMMENCEMENT NO. 8) ORDER 2009.
I am writing to draw your attention to certain provisions of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 ("the Act"), which will come into force on Monday 14 December 2009 and Monday 22 February 2010. The Act itself and its explanatory notes may be accessed at: http://www.opsi.gov.uk/legislation/scotland/acts2007/20070006.htm .
A copy of the Commencement Order is attached (PDF format) to the covering email for this circular - it can also be accessed at:
http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090432_en_1
PROVISIONS OF THE ACT COMING INTO FORCE ON 14 DECEMBER 2009 AND 22 FEBRUARY 2010:
The following sections of the Act are brought into force for the fifth phase of court unification, in North Strathclyde, on 14 December 2009 and for the sixth and final phase of court unification, in South Strathclyde, Dumfries and Galloway on 22 February 2010. Where a provision is commenced for a particular purpose, that is specified in the Order itself.
JP Courts
(a) Section 59 (Establishing JP courts).
(b) Section 62 (Area and territorial jurisdiction of JP courts).
These sections make provision in relation to the jurisdiction and establishment of JP courts. Certain parts of these sections have been previously commenced in order to allow suitable forward planning for the various phases of court unification. These sections are brought fully into force for the purposes of unification in North Strathclyde and South Strathclyde, Dumfries & Galloway as they have been for the other sheriffdoms upon unification in that area.
Lay Justice
(a) Subsections 68(4) and (5) (Conditions of office).
(b) Section 74 (Appointment of stipendiary magistrates).
(c) Section 75 (Stipendiary magistrates: further provision).
(d) Subsections 77(2), (3) and (5) (Records and validity of appointment etc.).
These provisions relate to the payment of JP expenses, and the terms of appointment of stipendiary magistrates. The majority of the provisions relating to JPs were commenced in December 2007. The remainder have been commenced on a sheriffdom by sheriffdom basis along with the provisions relating to stipendiary magistrates. This Order will commence the provisions completely by bringing them into force in the sheriffdoms of North Strathclyde and South Strathclyde, Dumfries and Galloway.
Schedule to the Act and Section 80 - modification of enactments
(a) Paragraphs 4, 7, 9, 20(3)(b), 22, 25(a) and (d), 26, 27, 30(a) and 32(b) and (c).
These provisions make modifications to the following enactments:
The Education (Scotland) Act 1980
The Road Traffic Offenders Act 1988
The Criminal Procedure (Scotland) Act 1995
The Bail, Judicial Appointments etc. (Scotland) Act 2000
The Criminal Justice (Scotland) Act 2003
The Antisocial Behaviour etc. (Scotland) Act 2004.
(b) Subparagraphs 33(1) and (2):
FURTHER ORDERS MADE UNDER THE ACT
Court unification in the Sheriffdom of North Strathclyde
(a) The Justice of the Peace Courts (Sheriffdom of North Strathclyde) etc. Order 2009 was laid before Parliament on 29 September 2009. The provisions of the Order relating to the transfer of staff and enabling citation of accused persons and witnesses to JP courts came into force on 23 November 2009. This will allow Scottish Ministers to make a staff transfer scheme and court business to be arranged in those courts ahead of unification in that area on 14 December 2009. The remaining provisions for the establishment of the JP courts, the disestablishment of the district courts in the sheriffdom and the partial repeal of the 1975 Act will enter into force on 14 December 2009. The Order is available at: http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090331_en_1
(b) The Justice of the Peace Courts (Sheriffdom of North Strathclyde) etc. Amendment Order 2009 was laid before Parliament on 20 November 2009 and will enter into force on 14 December. The Order makes provision for the transfer, of one property to the Scottish Ministers. The property to be transferred from the Renfrewshire Council is a building in which the Paisley JP Court will sit from 14 December onwards, and is the building in which Paisley District Court currently sits. The Order is available at:
http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090409_en_1
Court unification in the Sheriffdom of South Strathclyde, Dumfries and Galloway
(a) The Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) etc. Order 2009 was laid before Parliament on 29 September 2009. The provisions of the Order relating to the transfer of staff and enabling citation of accused persons and witnesses to JP courts came into force on 23 November. This will allow Scottish Ministers to make a staff transfer scheme and court business to be arranged in those courts ahead of unification in that area on 22 February 2010. The remaining provisions for the establishment of the JP courts, the disestablishment of the district courts in the sheriffdom and the repeal of the District Courts (Scotland) Act 1975 will enter into force on 22 February 2010.
The Order is available at:
http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090332_en_1
In a similar manner to previous phases of court unification, this order is likely to be amended prior to unification on 22 February to make provision for any transfers of property required in respect of current district court buildings. It is not intended make any other substantive amendments to the provisions of the Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) etc. Order 2009.
Further Commencement Orders
The provisions commencing on 14 December 2009 and 22 February 2010 relate to court unification. This Order will commence these provisions in so far as they are not already commenced and conclude the process of unifying the administration of Scottish summary courts under the Scottish Court Service.
ENQUIRIES
Should you have any queries in relation to any of the above, please contact the Law Reform and General branch through the details provided below. Further information in relation the Act and its implementation is also available on the Scottish Government's Summary Justice Reform website, available at: http://www.scotland.gov.uk/Topics/Justice/criminal/criminalprocedure/19008.
Yours faithfully,
G Bonnar
Gerard Bonnar
Head of Law Reform and General Branch
Scottish Government Criminal Procedure Division
Gerard.bonnar@scotland.gsi.gov.uk
Annex A - Distribution List
Lord Justice General
Lord Justice Clerk
Sheriffs Principal
Sheriffs Association
Sheriffs
Faculty of Advocates
The Principal Clerk of Session & Justiciary
Director of Judicial Studies
Crown Agent
Law Society of Scotland
Chief Executive, Scottish Courts Service
Sheriff Clerks
Scottish Justices Association
Sheriffdom Legal Advisers
District Court Clerks
JP Court Legal Advisers
Scottish Criminal Cases Review Commission
Directors of Social Work
Chief Officers, Community Justice Authorities
Citizens Advice Scotland
Area Procurators Fiscal
Scottish Prison Service
Sue Moody - COPFS Victim and Equality Unit
David McKenna - Victim Support Scotland
Louise Johnson - Victims' forum
Scottish Parliament Information Centre (SPICe)
Clerk, Justice Committee, Scottish Parliament