Further claims over summary justice reforms
23 Jun 08
Crown Office denies practice of taking serious offences out of court
Further concerns about the way the diversion from prosecution powers are working in practice under the summary justice reforms, have been raised in the press today.
Earlier this month Falkirk solicitor Martin Morrow claimed that the system amounted to "justice on the cheap", with diversion notices being offered in up to 75% of cases at his local sheriff court, including to regular offenders. A reply from Crown Agent Norman McFadyen insisted that the powers were being used appropriately for less serious offences and in order to improve efficiency in the justice system.
Now the Herald newspaper claims to have seen cases papers from Airdrie Sheriff Court which indicate that the provisions have been applied to serious and violent offenders, including charges of lewd and libidinous practices against children and assault to severe injury.
Under the diversion provisions, if an accused accepts the penalty proposed by the prosecutor they avoid a criminal record for the offence, although details are kept for two years and may be referred to if they reoffend within that time. According to the article in the Herald, a significant proportion of seroious cases have been downgraded so that they can be heard under summary complaint, which has a maximum prison sentence of 12 months.
The Crown Office claims that there has been a 12% drop in the number of cases going through the summary courts against a forecast of 15%. Some solicitors say the number has been much greater, and that with the maximum sentencing power having been increased from six months to 12, many more serious cases are now being prosecuted at summary level than formerly.
A spokesman for the Crown Office said that the impact of the reforms was being closely monitored and evaluated to check whether individual decisions were being taken in accordance with policy.
It was emphasised that fiscals continue to take decisions on crimes reported to them based on all of the facts and circumstances of the individual alleged offence, and do so in the public interest at all times. This included offering fiscal fines and compensation orders up to £5,000 in some cases, and in others, bringing a prosecution before a court.
"The Crown Office and Procurator Fiscal Service", he said, "does not operate a policy of 'downgrading' or 'diversion' as part of summary justice reform."There was no question of fiscal fines being issued in relation to assaults resulting in anything more than minor injury. As regards domestic abuse, the only change in prosecution policy had been to make it more robust, so that where assault was involved a case would be prosecuted in the sheriff court wherever the evidence permitted.