" class="left_link">» Text HereMonday, June 28, 2010
The main item of business last week was a debate in the Chamber on the Bowen review of sheriff and jury procedure. There was also a question to the Justice Secretary on the health of Abdelbaset Ali Mohmed al–Megrahi, and a number of written questions
Committees
The Justice Committee
The Committee continued to work its way through the Legal Services (Scotland) Bill at Stage 2. You can read the transcripts of the meeting in the Official Report , or watch it on Holyrood.TV. You can also read all about the Bill on the Legal Services Bill Homepage.
The Chamber
Bowen Review of Sheriff and Jury Procedure
On Thursday, the Justice Secretary held a debate to discuss the recently published review of sheriff and jury procedure. Sheriff Principal Bowen was asked to undertake this review in Spring 2009 with a view to making recommendations to make the operation of the courts more efficient whilst reducing inconvenience and stress to the victims and witnesses involved in cases.
Sheriff Bowen’s report made a number of recommendations, including that witnesses should only be cited to give evidence once it is known that the case is proceeding to trial; that the Crown and the defence are brought together at earlier stages of the trial process which should result in a higher number of guilty pleas at an earlier stage of the process; that the time held on remand should increase from a maximum of 110 days to 140 in line with the High Court limit; and that the legal aid provisions for sheriff and jury cases should be reviewed so that it supports the early resolution of cases, as also happens in the High Courts.
The Justice Secretary welcomed the review and noted the Sheriff’s comments that substantial improvements can be made without having to change the existing legislation and structural frameworks. However, it was important to note that ‘minor tweaking’ was not being recommended either, with fundamental changes needed to deal with the issues highlighted in the report.
He said that the report highlighted that the caseload of Sheriff and jury indictments had increased dramatically over recent years, with just over 3,000 in 1988 to just over 8,000 in 2008. Furthermore, the number of cases in which the accused is remanded in custody pending trial has increased by 62 per cent in the four years to March 2009. The Secretary also welcomed Sheriff Bowen’s recommendations to reduce the number of trials that are called before they are ready, with ‘compulsory business meetings’ between the Crown and the defence which will be fixed when the accused first appears on petition.
The Secretary said that in order for the other recommendations to be given time to operate, the proposals to increase the time held in detention prior to remand should be given ‘serious consideration’. He said that although he did not support the proposals to introduce these measures in High Court procedures when in Opposition, he has found the case made by Sheriff Bowan to be highly persuasive and he urged the Parliament to give them due consideration.
He also welcomed the proposals to make better use of television links between prisons and courts which would cut down on costs and administrative burdens.
John Lamont (Con), now beginning to take over from Bill Aitken as his party’s justice spokesperson, spoke next. He also welcomed the report, not least its focus on cutting waste at a time when public spending cuts are expected. He quoted evidence about the amount of money spent on police officers attending court when their cases are then not heard, and he also welcomed the recommendations to make more use of fines for jurors who do not attend court if they are called.
Robert Brown (LD) also welcomed the report for highlighting issues in a thought provoking and comprehensive manner. However, he cautioned against the desire, expressed by some Members, of the need for ‘more guilty pleas’, saying what was important was to get ‘better justice in courts’, one aspect of which may be more guilty pleas. He welcomed the proposals to have better communication between the Crown and the defence at an earlier stage, saying that many problems can be solved by increasing engagement, and that this issue was about was about changing the culture as much as changing the formal arrangements which was important. He also said that he had concerns about increasing the length of time held in custody prior to trial, saying that it is unsatisfactory in principle that an accused person who is presumed innocent should remain in custody any longer than necessary.
Richard Baker (Lab) said his party would always support recommendations to improve efficiency whilst improving the experience for victims of crime. He said that it was particularly important that the trauma of trials is lessened for victims and witnesses and he welcomed the proposals aimed at ensuring they were only called forward if absolutely necessary. He also welcomed the proposals to change legal aid, saying that this must not provide an incentive for the defence to drag out cases, and he said that his party would be happy to be part of a consensus in the Parliament that seek to bring about the changes.
You can read the full debate on the Official Report, or watch it on Holyrood.TV. You can also read the press on this story in the CJScotland Newsblog
Questions
Abdelbaset Ali Mohmed al–Megrahi’s health
There was a question from Labour veteran George Foulkes about Abdelbaset Ali Mohmed al–Megrahi. Mr Foulkes said that it has now been ten months since he had been freed on the basis that he had three months to live, and he challenged the Justice Secretary to admit that he had made a mistake in his decision to release the man accused of the Lockerbie bombing. The First Minister replied that Mr Al–Megrahi was terminally ill, and that he hoped that when he did die, it would offer some closure to the victims of the bombing, adding that it might even give some satisfaction to Lord Foulkes.
During a supplementary question from Christine Grahame (SNP), he said that he would continue to press the UK Government to hold a public inquiry into the bombing, so the concerns raised by the Scottish Law Commission could be fully tested. He also disagreed with Bill Aitken, who said it was time the Government recognised that its decision was wrong, saying that he stood by his decision.
You can read this question in the Official Report.
Written Questions
There were questions this week about serious assaults on children, about the impact on the NHS of knifecrime, and about the amount of money recovered from proceeds of crime. There were also questions about pregnant women receiving treatment for drug and alcohol addiction, about arrangements for paying fiscal fines, about the number of sexual offences per local authority, and about self-harm and young offenders
Posted by KM
on Mon 28th Jun 2010
at 8:34 am
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