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Last Updated: Wednesday, 25 February, 2004, 06:58 GMT
Minister defends absent trials
Courtroom
The move could see cases conclude without the accused in court
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.

Lawyers have described as "unworkable" the proposals to appoint legal representation for an absent accused.

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.

The cross-party Justice 1 Committee is urging MSPs to back the general principles of the bill in Wednesday's Stage 1 debate but has raised some concerns over the legislation, including trials in absence and the tagging plans.

However, Ms Jamieson urged MSPs to help the Scottish Executive deliver a court system "designed around the needs of the law-abiding many, and not for the convenience of the law-breaking few".

It is to recognise the right to justice of those victims that we have proposed this measure
Cathy Jamieson MSP

The committee last week rejected the argument that an accused could be tried in their absence from the outset, after senior legal figures rubbished the idea.

The Faculty of Advocates and the Law Society of Scotland, who welcomed the bill's broad principles, said they would be unable to properly represent an accused without their instructions during evidence-taking, and both warned that their members would most likely refuse to take on such a role.

The committee's Stage 1 report found "some merit" in allowing a trial to go ahead in the absence of the accused once all the evidence had been led and called on ministers to amend the proposals along these lines.

Ms Jamieson acknowledged that the plans had proved controversial and said she would "carefully" consider the committee's views.

But she added: "In 2002, victims in 90 trials for serious crimes were left in limbo as their chance for justice disappeared in front of their eyes.

"In each of those 90 cases the reason was the non-appearance of the accused.

"It is to recognise the right to justice of those victims that we have proposed a measure in our High Court reform bill to allow some trials to progress even where the accused has absented him or herself.

"There need to be safeguards to ensure that such trials are only taken forward when every other avenue has been exhausted."




SEE ALSO:
MSPs reject absent trial proposal
19 Feb 04  |  Scotland
Plan for supreme court attacked
29 Jan 04  |  Scotland
Plans to speed up prosecutions
23 Jan 04  |  Scotland
Poor funding 'will hamper reform'
05 Jan 04  |  Scotland


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