MSPs approve summary justice reform bill

Criminal Proceedings Bill passes final stage

News, 19 January 2007

A bill aimed at improving the efficiency of Scotland's non-jury courts and tightening up the system of bail and remand was passed by MSPs yesterday.

The Criminal Proceedings Bill will free up time and resources, so that courts can concentrate on dealing with more serious offenders.

The latest reforms to the judicial system will see the expansion of altenratives to prosecution, including increasing the maximum levels of fiscal fines from £100 to £300, and the introduction of fiscal compensation offers, which will allow victims of minor offences to receive compensation of up to £5,000 without the case going to court.

The bill also seeks to emphasise that consideration be given to public safety when the court is deciding whether or not to grant bail. Anyone who has serious convictions for violent, sexual or drug trafficking offences and is accused of a similar serious offence will only be given bail in exceptional circumstances. Bail conditions will be strengthened and penalties for breach increased.

The bill will also create a new role - fine enforcement officers, who will be in charge of managing the collection of fines. They will be able to arrest the wages of defaulters, but will also be trained to offer advice to those who are struggling to pay.

To improve the efficiency of the system, prosecutors will be able to apply to the court to have all outstanding charges "rolled up" into a single case, even if they are from different court areas.

The final key provision of the bill will enable trials to take place in the absence of the accused in the full range of summary cases. This is aimed at tackling the number of offenders who fail to turn up at court.

In addition, the bill will unify the administration of the Scottish courts by establishing new justice of the peace (JP) courts under the management of the Scottish Court Service, and reform the way JPs are appointed and trained.

The existing Inspectorate of Prosecution in Scotland will be made statutory, putting it on a similar footing to other public sector inspectorates such as Her Majesty's Inspectorate of Constabulary.

Justice Minister Cathy Jamieson said: "More than nine out of 10 court cases in Scotland are heard in our summary, non-jury courts, so ensuring that those courts operate as smoothly and efficiently as possible is vital to our criminal justice system."