News In Focus
29 April 2009
Review of sheriff and jury procedure announced
An independent review of sheriff and jury criminal court cases was announced today by Justice Secretary Kenny MacAskill.
Sheriff Principal of Lothian & Borders, Edward Bowen QC, will examine practice and procedure in solemn cases heard in the sheriff courts, aiming to report to ministers by summer 2010.
His study follows two previous independent reviews, one into High Court procedure, led by Lord Bonomy, and subsequently the summary justice reforms recommended by Sheriff Principal McInnes.
More than 80% of solemn cases in Scotland are heard in the sheriff court. Sheriffs can now impose a maximum of five years' imprisonment in a jury case.
Sheriff Principal Bowen's remit is: "To review the arrangements for sheriff and jury business, including the procedures and practices of the sheriff court and the rules of criminal procedure as they apply to solemn business in the sheriff court; and to make recommendations for the more efficient and cost-effective operation of sheriff and jury business in promoting the interests of justice and reducing inconvenience and stress to the victims and witnesses involved in cases."
The sheriff principal will appoint a reference group, including representatives from the Crown, courts service, police and defence practitioners, to assist with the review. The review of the civil courts under Lord Gill has been working to a similar model.
"Significant reforms"
Mr MacAskill said: "The Scottish Government is determined to promote a safer and stronger Scotland. There is much to be proud of in our independent criminal justice system. However, we must ensure that all its parts remain fair, effective and efficient.
"The Bonomy and McInnes reviews have led to significant reforms that have benefited victims and witnesses, while continuing to ensure fairness to the accused. Sheriff Principal Bowen's review will help ensure that efficient and fair justice continues to be delivered throughout the criminal justice system.
"I am delighted that Sheriff Principal Bowen, an experienced and respected judicial figure, has agreed to undertake this review. The Lord President has fully endorsed his appointment. "
Completing the circle
Sheriff Principal Bowen said there was a wide acknowledgment across criminal justice organisations and legal professionals of the need for the review, which would complete the circle of reform of Scotland's criminal justice procedures.
"The review is timely having regard to the forthcoming report on civil justice by the review team headed by the Lord Justice Clerk. That report may lead to far-reaching changes in the structure of Scotland's court system.
"It is important that all procedures within the criminal justice system should be modern and fit for purpose.
He added: "I am sure that lessons can be learnt from earlier reviews and the revised procedures which resulted from them. The present review will draw on those experiences and will endeavour to consolidate all recognised improvements.
"My objective, shared with those who will be working with me, is to create a system which operates efficiently with particularly emphasis in minimising inconvenience and distress to victims and witnesses."
Richard Henderson, President of the Law Society of Scotland, said: "The Society was actively involved in both the reforms of the High Courts and Sheriff summary courts, ensuring that they were workable and improved the justice system for everyone involved in court business. The solicitor's profession has played a vital part in ensuring that these reforms worked.
"It is important that the profession, and the Society, has its input into any reforms of sheriff and jury procedures so the public have confidence in criminal justice, and we are looking forward to working with Sheriff Principal Bowen on this review."