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“Costs, Sentencing Profiles and the Scottish Criminal Justice System 2002” “This is the eighth publication of the annual Section 306 (of the Criminal Procedure (Scotland) Act 1995) Document and covers the financial year 2002/03.“ Scot. Exec.
Posted by MM on Wed 30th Jun 2004 at 6:03 pm“Sheriff in five year jail first: An armed robber yesterday became the first person in Scotland to be jailed for five years by a sheriff. . .” Daily Record
“Sheriff hands out first five-year term” Evening Times
Update
“Ministers back down on trials ‘in absentia’: Ministers were yesterday forced to back down over plans to allow trials to take place in the absence of the accused, following fierce opposition from MSPs. . .” Scotsman
Press release
“High Court reform bill passes final hurdle: Legislation to reform the High Courts providing a better deal for victims, witnesses and jurors, was passed today by the Scottish Parliament . . .” [url=http://www.scotland.gov.uk/pages/news/2004/04/SEJD445z.aspx]
Scot. Exec.[/url]
Following posted on 28.4.04
“Court reform should reduce pressure on High Courts: The Scottish Parliament is expected to pass a new law this afternoon that should speed up the prosecution of crime in the courts. . .” Scottish TV
“Major court shake-up expected” Grampian TV
“Court reform goes before Holyrood: Legislation to streamline the way Scotland’s courts operate is set to be passed by MSPs. The Criminal Procedure (Amendment) (Scotland) Bill is designed to improve the experience of victims, witnesses and jurors. If Holyrood passes the bill many unique parts of Scots law will be altered. The legislation ranges from scrapping the historic 110-day rule for court appearances to extending the sentencing powers of sheriff courts . . .” BBC
“Court reform” Scottish TV
See also
Parliament: Decision and vote. 28.4.04.
Bill and associated papers at all stages including ‘as passed’.
Posted by MM on Thu 29th Apr 2004 at 12:55 pm“Back benchers force executive to drop trials ?in absentia? plan: Scottish ministers’ plans to allow high court trials to begin in the absence of the accused were dropped yesterday after back benchers amended the proposals. . .” Herald
“Trials without accused modified: The Scottish Executive has watered down plans to allow High Court trials to begin in the absence of the accused after a cross-party committee of backbench MSPs amended the proposals in a compromise deal with ministers. . .“ Times
See also
Justice 1 Committee. Official report not available at time of posting.
Update
“Shock as bail crime figures double: Crime committed by people on bail in Scotland is almost twice as high as previously feared, according to a Scottish Executive report. . .” Sunday Mail 4.4.04.
“Report highlights bail crime link: Research published by the Scottish Executive has indicated that tougher sentences for offences committed by people on bail have had no impact. Since 1996, courts have been able to impose “aggravated sentences” on those who reoffend after being granted bail. The study found that 29% of those granted bail still committed at least one further offence. . . “ BBC
“New powers fail to deter bail offenders: Tougher sentences have failed to tackle the problem of criminals who offend while on bail, a new report revealed today. . .” Evening News
“New crackdown on Scots bail offenders: New options for dealing with people who commit further offences while on bail are being investigated by the Executive. . .” Evening Times
Update posted 15.3.04. at 9.24am
“4,000 crimes committed on bail: One in four people released on bail in Scotland commits an offence while awaiting trial, according to a new government study to be published this week. They were responsible for approximately 4,000 crimes across Scotland last year - a marked increase on previous years. The findings of the report are to result in a crackdown on bailed suspects, many of whom can expect to be tagged prior to trial, even though they are still presumed innocent by law. The figures on the levels of bail offending represents the first official record in Scotland of the scale of the problem . . .” Scotland on Sunday
“Bailed murderers and rapists may be electronically tagged: Plans to give judges and sheriffs powers to electronically tag people bailed on murder and rape charges are being proposed by the Scottish Executive . . .” Press and Journal
Following posted on 13.3.04 at 11.36am.
“Rape and murder accused face tagging: Courts are to be given powers to tag people who are bailed on rape or murder charges, Justice Minister Cathy Jamieson announced today. . .“ Evening News
“Tagging move for serious crimes: Plans to give Scottish courts the powers to tag people bailed on rape or murder charges have been announced. Justice Minister Cathy Jamieson said tightening up bail conditions “wherever and whenever possible” was important in addressing public concerns. . .” BBC
“Courts may get powers to tag rape or murder accused out on bail” Scottish TV
Press releases
“Two new reports on bail issues: Two new research reports published today raise significant issues about the way Judges and Sheriffs deal with bail requests, and highlight the number of crimes committed by people whilst on bail. Two new research reports are published today on the use by courts of sanctions against bail offending, and on the factors which influence judges in deciding whether to bail or remand women who come before them. . .” Scot. Exec. 17.3.04.
“Action on bail is needed - Minister: New research on bail and offending confirms the need for both investigation and action if public concerns are to be addressed, Justice Minister Cathy Jamieson said today. . .” Scot. Exec. 17.3.04.
“Public safety prompts ‘tagging’ solution: Judges and Sheriffs are to get strengthened powers to ensure those accused of very serious crimes are electronically ?tagged? on bail rather than freed without supervision. The Justice Minister Cathy Jamieson is bringing forward an amendment to the Criminal Procedures (Amendment) Scotland Bill which would ? if passed ? give courts a ?first strike? power to include electronic monitoring in bailing people facing accusations of rape and murder. . .” Scot. Exec.
See also
A Preliminary Analysis of the Bail/custody decision in relation to female accused. 17.3.04.
To ask the Scottish Executive whether, following the stage 1 debate on the Criminal Procedure (Amendment) (Scotland) Bill, it will reconsider plans to conduct trials when the accused is absent.
Mike Rumbles (West Aberdeenshire and Kincardine) (LD)
(2 related questions).
Posted by MM on Fri 12th Mar 2004 at 2:14 pm
“Bid to save custody limit fails: A Tory MSP has lost a bid to save the historic custody time limit for starting criminal trials. Margaret Mitchell said other measures in the Criminal Procedure (Amendment) (Scotland) Bill should be allowed to take effect before the 110-day rule was extended to 140 days. . .” BBC
See also
Justice 1 Committee Agenda and Papers 9.1.04.
Posted by MM on Thu 11th Mar 2004 at 2:14 pm“Minister defends absent trials: Justice Minister Cathy Jamieson has defended plans to allow people to be tried for serious crimes in their absence. She insisted the Criminal Procedure (Amendment) (Scotland) Bill would safeguard victims’ rights. Ms Jamieson was speaking prior to the first full parliamentary vote on plans for major High Court reform . . .” BBC
See also
Criminal Procedure (Amendment) (Scotland) Bill (as introduced).
Scottish Parliament Debate 25.2.04.
Posted by MM on Wed 25th Feb 2004 at 2:25 pm“Committee criticises Executive?s criminal justice reform proposals: The Executive’s flagship proposals to reform the criminal justice system were today criticised by an influential committee of the Scottish parliament. . .” Scottish TV
Press release
“General principles of Criminal Procedure (Amendment) (Scotland) Bill endorsed: The Scottish Parliament’s Justice 1 Committee has today endorsed the general principles of the Criminal Procedure (Amendment) (Scotland) Bill [. . .] Convener of the Committee, Pauline McNeill, said: [. . .] ?Above all, the Committee considers that in order for the new procedures to be effective it is fundamental that they are adequately resourced. The Committee places particular importance on the resourcing of criminal legal aid fees, the Crown Office and Procurators Fiscal Service and the judiciary. . .” Scottish Parliament
See also
Justice 1 Committee. Stage 1 Report on the Criminal Procedure (Amendment) (Scotland) Bill. Report.
Justice 1 Committee. Stage 1 Report on the Criminal Procedure (Amendment) (Scotland) Bill. Evidence.
Criminal Procedure (Amendment) (Scotland) Bill (and associated papers).
There will be a debate on the Report in plenary session on Wednesday 25th February (see box to left).
“MSPs reject key elements of court bill: Two key proposals in the Scottish Executive’s controversial high court reform bill may have to be dropped after damning criticism from MSPs.
The draft report of the Justice 1 committee, to be published next week, says the case for tagging reluctant witnesses has not been proven by the executive and may have to be removed from the bill. . .” Herald
“Witness tagging plan under fire: A proposal to tag reluctant witnesses in Scotland has come under fire from a powerful committee of MSPs. . .” Evening Times
See also
Posted by MM on Mon 2nd Feb 2004 at 9:46 pm