 The bill deals with reforms of sheriff and district courts |
Reforms aimed at streamlining the lower level of Scotland's criminal courts have been set out in a bill presented to the Scottish Parliament. They include measures to tighten up on the granting of bail and allowing more cases to be disposed of without courts.
Sheriffs would see their sentencing powers for summary (non-jury) offences raised from six months to one year.
The Summary Justice Reform Bill allows fines of up to �10,000 and aims to deal with minor offenders more effectively.
Scotland's sheriff and district courts hear 130,000 criminal cases a year, which amounts to 96% of all the criminal cases heard in Scotland.
 | BILL PROPOSALS Allowing fiscals to require a minor offender to pay compensation of up to �5,000 to their victim Creating fines enforcement officers able to arrest an offender's earnings Provision to allow all outstanding charges "rolled up" into a single case Increasing sentencing powers of sheriffs in non jury trials to a maximum of 12 months imprisonment and a �10,000 fine Reforming procedures by which justices of the peace are appointed and trained Unifying administration by bringing district courts under the management of the Scottish Courts Service |
They deal with the lower end of the criminal scale where juries are mostly not involved.
Ministers want to strengthen the system to ensure it is more efficient.
Justice Minister Cathy Jamieson said Scottish Executive reforms to modernise High Courts were already having a real impact.
Ms Jamieson said: "We are building on that successful reform by bringing forward an equally radical package of reform for our summary, non-jury courts - where 96% of cases in Scotland are heard.
"It is hoped the new measures will prevent minor offenders from developing into more serious criminals."
She added: "Dealing with a case faster maintains the link between the offence and the penalty in the mind of the offender - and helps reduce the likelihood of reoffending.
"A quick, effective response at this stage offers our best opportunity to stop a first time offender becoming a persistent offender - a chance to stop a life of crime in its tracks."
Prosecutors will also have increased powers.
Breaching bail
Fiscals will be able to impose fines of up to �500 without the case coming to court, therefore speeding up the system.
The bill will also strengthen the conditions attached to bail and impose tougher sanctions on those breaching bail or committing further offences when on bail.
Scottish Conservative leader Annabel Goldie said the executive had blamed the European Convention on Human Rights when it "weakened" bail laws in 2000.
"These changes fundamentally altered the balance of the law in favour of the accused, even where the charge is murder or the accused has a prior conviction for a serious crime such as rape," she said.
"Now we are being told we can specify certain categories of offenders who can be refused bail - so why did Labour and the Lib Dems weaken bail law to begin with?"
Scottish National Party justice spokesman Kenny MacAskill MSP said the tightening of bail conditions was "long overdue".
"Serious and dangerous offenders should not be routinely getting bail," he said.
"However, it is not just the legislation but also the implementation that matters.
"Sheriffs must be directed, by law if necessary, that public safety is equally important as the rights of the accused."
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Sheriffs must be directed, by law if necessary, that public safety is equally important as the rights of the accused
