In 2001, the Scottish Ministers established an independent committee, chaired by Sheriff Principal John McInnes (The McInnes Committee), to review the operation of the summary criminal justice system in Scotland. The Committee's remit was:
" To review the provision of summary justice in Scotland, including the structures and procedures of the Sheriff Courts and District Courts as they relate to summary business and the inter-relation between the two levels of court, and to make recommendations for the more efficient and effective delivery of summary justice in Scotland."
The Committee took the view that while there were many positive aspects to the summary justice system, there were:
- significant deficiencies in the overall speed in dealing with cases from charge to final disposal;
- too many wasted court attendances for victims and witnesses;
- little differentiation between the way in which minor and serious summary cases are handled by the system;
- no incentives to encourage the efficient handling of business;
- wide inconsistencies within agencies in the way summary business is dealt with; and
- too much waste of public funds.
The Committee concluded that: "… the summary justice system is in need of a comprehensive overhaul and a move to focus on active management of it as whole rather than of its constituent parts."
The Committee considered a wide range of evidence and commissioned several pieces of research during their deliberations. The Committee reported in 2004 and made extensive recommendations and suggestions for ways in which the system could be improved.
In 2005, following a public consultation, Scottish Ministers published their proposals for change in ' Smarter Justice, Safer Communities: Summary Justice Reform - Next Steps'. These proposals received cross-party support. The proposals which required legislation were incorporated into the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.