More offenders to be diverted from court
22 Mar 05
Fixed penalties and fiscal fines in big summary court shake-up
Thousands of offenders could be given fines rather than sent to court for minor crimes under new proposals announced today.
Fiscal fines of up to £500 will be handed out for minor offences such as drinking in the street or shoplifting, in order to give the courts more time to deal with serious and violent crimes. And new "fiscal compensation orders" will restore financial loss or provide some redress for fear, annoyance or anxiety caused to victims.
Offenders dealt with in this way would not acquire a criminal record, but details of the disposals could be placed before a court if they reoffended within two years. The Lord Advocate would lay down strict guidelines for their use, and discounts would be allowed for prompt payment.
The proposals are contained in the Executive's response to the McInnes Report on summary prosecution in Scotland. The paper, entitled "Smarter Justice, Safer Communities", also proposes to retain the 400-year-old system of lay justice administered by Scotland's justices of the peace, but with a robust new recruitment, training and appraisal system.
Other key reforms include:
* The phased unification, sheriffdom by sheriffdom, of Scotland's 49 sheriff and 58 working district courts, leading towards both efficiency savings and a quicker, more responsive system. This will start rolling out in 2007.
* Administration and enforcement of fines to become the responsibility of Scottish Court Service as unification proceeds.
* Piloting a "fine on time" community reparation scheme as an alternative to prosecution.
* Increasing the sentencing powers of sheriffs in the summary court from six months to one year in custody, and a £10,000 fine for common law offences - pending a review by the Sentencing Commission.
* Permitting trial in absence in summary cases if the accused fails to appear and the court considers it in the interests of justice.
* Reforms to evidence and procedure recommended by McInnes.
Justice Minister Cathy Jamieson said: "Our non-jury courts deal with 96 per cent of prosecutions in Scotland. These courts are where most offenders first come into contact with the adult criminal justice system. A quick, effective response at this stage offers our best opportunity to stop a first time offender becoming a persistent offender."
The Lord Advocate, Colin Boyd said that changes in the justice service had to be tailored to ensuring that offenders were dealt with on a case-by-case basis.
He said: "We must avoid the one size fits all approach and make sure that accused are dealt with appropriately. This will include alternatives to prosecution for suitable offenders but also improved handling arrangements when alleged offenders are prosecuted in court.
"Prosecutors in Scotland are already well versed in the use of fiscal fines as an effective and proportionate penalty in appropriate cases. A court case is an intensive and time-consuming process, necessary in some cases but not all. We need a shorter, more proportionate response to less serious offending. That's what this package seeks to achieve."