 The move could see cases conclude without the accused in court |
A committee of MSPs has rejected Scottish Executive plans to proceed with criminal cases in the absence of the accused. The Justice 1 Committee said the executive had failed to take account of one judge's warning that the proposal would prove "unworkable".
The measure is contained in the Criminal Procedure Bill.
MSPs gave the bill a qualified welcome but urged the executive to explain why such a measure is necessary.
Lawyers have described as "unworkable" the proposals to appoint legal representation for an absent accused.
The committee expressed concern that a ruling on the subject by Lord Rodger, a former Lord Advocate and now a Law Lord, had apparently been ignored.
MSPs also criticised plans to extend electronic tagging to vulnerable witnesses as a way of easing "an administrative burden". The legislation is intended to bring in a raft of reforms to the criminal court system, ranging from scrapping the historic 110-day rule to extending the sentencing powers of sheriff courts.
Committee convener 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.
Proposal rejected
"The committee places particular importance on the resourcing of criminal legal aid fees, the Crown Office and Procurator Fiscal Service and the judiciary."
The bill provides for a trial to begin or conclude in the absence of the accused if the court considers it is the interests of justice to proceed.
"The committee therefore rejects the proposal that an accused can be tried in their absence from the outset," the report by MSPs said.
The MSPs found "some merit" in allowing a trial to go ahead in the absence of the accused once all the evidence had been led.
"The committee requests further information from the executive on the range of reasons why the accused fails to appear for trial as this was not made clear to the committee in evidence."