Sheriff to return to full duties
23 Aug 05
Justice Department to make no investigation into Sheriff Mitchell's fitness for office despite fiscal complaints
A sheriff accused of bullying prosecutors is expected to resume hearing criminal cases.
The Scottish Executive's Justice Department has said there will be no investigation into whether or not Sheriff Kenneth Mitchell is fit to hold office and that the matter is closed. Sheriff Mitchell sits on cases at Glasgow Sheriff Court.
Complaints were lodged in July 2004 against Sheriff Mitchell which included allegations that a trainee fiscal was made to feel humiliated and that a depute fiscal had been given "a hard time". Sheriff Mitchell, 56, voluntarily stood down from criminal business and has only covered civil cases for the 13 months it took for a decision to be made.
The Department has now written to Sheriff Mitchell to say that Justice Minister Cathy Jamieson has decided not to seek an investigation by the Lord President and the Lord Justice Clerk under the Sheriff Courts (Scotland) Act 1971 into Sheriff Mitchell's fitness to hold office.
Jim Caldwell, the Scottish secretary of the First Division Association which represents most depute procurators fiscal, said his organisation would be asking why it took the justice department so long to reach a decision. He added that the Association would be keeping an eye on how things develop.
Guidelines have been reformed for prosecutors wishing to complain about difficulties arising in relation to court appearances.