Extended fiscals powers "will breach human rights"
4 Sep 06
Society writes to MSPs over range of penalties fiscals will be able to offer
The Law Society of Scotland has taken the unusual step of writing to all MSPs about court reform proposals they fear will breach human rights.
Provisions in the Criminal Proceedings etc (Reform) (Scotland) Bill, designed to streamline the summary criminal court system, will give procurators fiscal the power to offer fines of up to £500, compensation orders or community reparation orders as an alternative to taking a case to court.
The Society's Criminal Law Committee is concerned that the reforms could be in breach of the right to a fair trial, enshrined in article 6 of the European Convention on Human Rights. Fiscals can already offer fines of up to £200, but solicitors fear that giving them such a wide range of powers will make them judge as well as prosecutor and put suspects under an onus to prove their innocence.
The committee is to give evidence on the bill to Holyrood's Justice 1 Committee later this month. Bill McVicar, convener of the committee, said the Scottish Executive seemed to be intent on pushing through the opt-out system and this gave the Society grave concerns.
The Executive claims that alternatives to court will help free up important court resources.