What is summary justice?
Almost all cases which come to court in Scotland (around 96%) are heard by a judge who sits without a jury. This can be a sheriff, one or more lay justices, or (in Glasgow) a stipendiary magistrate. These are, in the main, less serious cases, ranging from breaches of the peace to assaults and weapons offences, and including nearly all road traffic offences.
Summary Justice Reform
Summary Justice Reform has involved detailed consideration of all aspects of the summary criminal justice system, grounded on the clear principles of being:
- Fair to the accused, victims and witnesses;
- Effective in deterring, punishing and helping to rehabilitate offenders;
- Efficient in the use of time and resources, and;
- Quick and simple in delivery.
In December 2007, the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 came into force. The Act introduced changes to: bail; lay justice; sentencing powers and also introduced certain procedural reforms. Changes to prosecution and fines enforcement followed in March 2008, along with the first phase of court unification in Lothian & Borders. Court unification followed in Grampian, Highlands & Islands (June 2008); Glasgow & Strathkelvin (December 2008); Tayside, Central & Fife (February 2009); North Strathclyde (December 2009) and South Strathclyde, Dumfries & Galloway (February 2010).
System Performance
Consistently improving performance against the four national indicators demonstrates that the reforms have made a significant contribution to the delivery of summary criminal justice. Nationally, good use is being made of direct measures for low-level offences, meaning they are dealt with swiftly and without the need to take up valuable time in the courts. For cases that do proceed to court, more pleas of guilty are being made at the first plea hearing. This means that victims and witnesses avoid the stress of a court case.
The statistical bulletins containing this data are published regularly.