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Last Updated: Thursday, 19 June, 2003, 14:13 GMT 15:13 UK
Attempt to cut court delays
High Court in Edinburgh
Lord Bonomy wants court cases to progress as planned
The Scottish Executive has announced plans to streamline the way serious criminal cases are handled.

Justice Minister Cathy Jamieson and Lord Advocate Colin Boyd have unveiled the white paper for the Court Reform Bill.

The white paper is based on a major report into the administration of the High Court system by senior Scottish judge Lord Bonomy, which was published in December.

It follows a review of court procedures triggered by the distress felt by victims and witnesses caused by case delays.

The adjournment of a High Court trial because an accused person was about to undergo a hospital operation saw the judge label it akin to a "Whitehall farce".

Lord Bonomy's report outlined ways delays can be avoided in the future.

The key legislative proposals in the white paper are:

  • a mandatory preliminary hearing for all High Court cases

  • increasing the sentencing powers in sheriff and jury cases from three to five years

  • the time-limit of 110 days for custody cases would run from when the accused is committed for trial to the new preliminary hearing, with trial starting within 30 days.

    Ms Jamieson said: "They are designed to help ease the process for the law-abiding many, rather than for the convenience of the law breaking few.

    "Fair for victims. Fair for witnesses. Fair for jurors; while upholding the right to a fair trial for the accused.

    We need our courts to focus on the real issue of guilt or innocence, rather than around the procedural headaches
    Cathy Jamieson,
    Justice Minister

    "We need our courts to focus on the real issue of guilt or innocence, rather than around the procedural headaches of adjournments and delays.

    "It is simply wrong that a victim or witness builds themselves up for a first day in court only to find that the trial cannot start for procedural reasons."

    The lord advocate added that the system was designed to be fair and supportive of victims and witnesses.

    Welcoming the white paper, David McKenna, chief executive of Victim Support Scotland said: "Each year 12,000 victims and witnesses are called to the High Court.

    "Many suffer delays and postponements causing real distress and upset. Some never get to give their evidence.

    Case delays

    "This white paper is a crucial step towards fair justice for victims as well as the accused."

    Nicola Sturgeon, Scottish National Party justice spokeswoman, welcomed many of the reforms but said there was no justification for changes to the 110 day rule.

    She said: ""In my view, no case has been made to extend the 110 day rule, and this proposal runs against the grain of the white paper's central objective which is to speed up the administration of justice, not slow it down.

    "The purpose of the time limit is to prevent injustice and ensure that the Crown Office and Procurator Fiscal Service prepare cases quickly."

    Nicola Sturgeon
    Nicola Sturgeon: 110 day rule concerns
    Tory spokeswoman Annabel Goldie said: "There is no reason why cases cannot be brought to trial within that period.

    "If inadequacy of resource is preventing the police and prosecution services from doing that, the answer is to look at resource - not to interfere with a perfectly workable structure.

    The case which caused the outburst from Lord Bonomy involved two Aberdeen men who were due to face assault and robbery charges in January last year.

    Lord Bonomy was told the case could not proceed as one of the accused was due to go into hospital.

    The judge told the court he was almost ashamed to be part of a system allowing this to happen.

    This white paper is a crucial step towards fair justice for victims as well as the accused.
    David McKenna,
    Victim Support Scotland

    He said: "What we are participating in seems to me very close to the style of a Whitehall farce."

    It summed up the chronic state of the management of High Court business, Lord Bonomy added.

    Earlier this month the introduction of a new computer system by Strathclyde Police was blamed for a huge rise in potential prosecutions being dropped.

    The number of reported offences in which no proceedings were taken rose to more than 17,000 in 2002.

    It prompted the Scottish Tories to label Scotland "a law breakers paradise".




  • WATCH AND LISTEN
    Reevel Alderson reports
    "Delays often cause prosecutions to be lost"



    SEE ALSO:
    Computers blamed for dropped cases
    05 Jun 03  |  Scotland
    Court delays 'have risen by 300%'
    03 Nov 02  |  Scotland
    Scots 'ignorant' of justice system
    11 Mar 02  |  Scotland
    Judge slams courts 'farce'
    29 Jan 02  |  Scotland


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