Showing posts with label Criminal Law. Show all posts
Showing posts with label Criminal Law. Show all posts

Wednesday, July 13, 2016

Court Speeding: Court reforms hasten trial hearings - according to taxpayer funded report compiled by the Courts

Scotland’s courts are faster – claim the Courts. NOTORIOUSLY slow for the past 400 years - as any solicitor, crook, client & litigant can testify – delays in court – from the Court of Session to Sheriff courts and the broom cupboards of Justices of the Peace - are commonplace.

However, Scotland’s courts have now managed to reduce waiting time for criminal trials – so say the people who ‘run’ the courts.

The ‘proof’ - offered up in a report compiled by - the Scottish Courts and Tribunals Service (SCTS) - claims almost all trials in sheriff courts in 2016 began within 16 weeks, whereas two years earlier the ‘official’ figure was half.

The SCTS claim this was despite a significant increase in mostly criminal cases, particularly relating to domestic abuse and sexual violence.

However, the report – widely seen as more Public Relations than fact – fails to take account of rising numbers of cancelled or abandoned prosecutions of criminals and secretive plea deals by Crown Office prosecutors which have the effect of speeding up trials awaiting court time.

Compiled at taxpayers expense, the SCTS report goes on to claim the closure of 17 courts - 10 sheriff and seven Justice of the Peace courts - had been successfully implemented, with savings already realised of £2.1m and further annual savings expected of £1.3m.

SCTS said while concerns were expressed that court performance would suffer as a result of the transfer of business from smaller centres, there has been "strong and improved performance".

New Court Structure Allows Targeted Investment

Three years on from the report which described a future court structure for Scotland, an evaluation report confirms the vision set out in ‘Shaping Scotland’s Court Services’ is fully on track. To date:

The closure of 10 sheriff courts and 7 justice of the peace courts has been successfully implemented;

The business redistributed following those closures is handled within normal performance targets at the receiving courts;

The expected level of financial savings from the changes are being realised,

The SCTS has been able to target funding more productively on the maintenance and development of its retained estate; and

The longer term vision for an efficient court structure is largely in place and the remaining  elements continue to progress in parallel with the deployment of the new summary sheriff posts.

While there were concerns expressed that court performance would suffer, the evaluation data clearly demonstrates strong and improved performance.  In all courts, the 16 week waiting period between the first calling availability of a criminal trial is being achieved, indeed, in some courts we have re-adjusted the programme as the waiting period was becoming short, with the risk of not allowing sufficient time for crown and defence preparation. Similarly, all courts are meeting, and in most cases significantly below, the 12 week waiting period for civil proofs and hearings. 

This level of performance continues to be achieved against the background of a significant increase in case levels in both summary and solemn business, particularly in relation to domestic abuse and sexual offences, with a far greater proportion of these cases proceeding to evidence-led trials. 

In April 2014 the percentage of sheriff courts setting criminal trials at the optimum 16 weeks was 50%, at April 2016 this figure is 95%. 

Referring to the evaluation report, SCTS Chief Executive Eric McQueen said: “The SCTS Board’s ten year vision is to create a stronger court service which improves access to justice, reduces delay and costs, and maximises the use of digital technology to improve our services. We are now delivering on that, the evaluation report confirms that annual recurring savings of £1.3 million will be achieved, allowing us to target investment to create a modern court structure throughout Scotland, with digital innovation at its heart.

Last year we installed new ICT infrastructure that provides the speed and resilience we require for digital evidence presentation, video links, case management systems and Wi-Fi access across our courts.  This technology supports digital access, particularly for vulnerable witnesses and our prison to court facilities which reduces personal appearances by the accused. 

With the introduction of the new civil simple procedure later this year, we are planning to make online processing available for most payment actions up to £5000. This includes an online portal to enable the legal profession and the public to commence actions, submit case documents, pay fees and track progress online. We will extend this to all areas of simple procedure by mid-2017, allowing over 60% of all civil business in the sheriff courts to be processed online.

Our priority now is to develop the recommendations in our “Evidence and Procedure Review – Next Steps” report. For too long it has been easy to describe our criminal courts as products of the Victorian age. Our task now is to bring them right into the 21st Century, not by tinkering at the edges, but by radical digital reform to improve the quality of justice for all concerned.  Through technology we can allow children and vulnerable witnesses to give their evidence, and have it examined, outwith the trauma and pressures of the court environment and modernise the way we do business in summary criminal cases through a digital case management system.”

Feeling any faster in court – tell us about it! – Ed

Friday, November 18, 2011

Is Scotland’s criminal justice system ‘too Victorian’, ‘too easily manipulated’ for corroboration to be axed in Carloway Review recommendations ?

High Court judge Lord Carloway was asked to review Scotland’s criminal justice system. THE CARLOWAY REVIEW of Scotland’s criminal justice system by High Court judge Lord Carloway, commissioned by Justice Secretary Kenny MacAskill in 2010 has now been published, recommending key changes to the Scots legal system such as limiting the period of arrest before charge to twelve hours, the right to legal advice when taken into custody (coming on the heels of the HMA v Cadder ruling at the Supreme Court in London), and more controversially, the loss of corroboration, a major cornerstone of how criminal cases in Scotland are prosecuted where two witnesses or two or more separate sources of evidence are required to substantiate the essential elements of the charge before anyone can be convicted on that charge.

While the Scottish Government and Crown Office are keen to lose corroboration, apparently solely on the basis it will allow more prosecutions of cases the Crown currently claim do not proceed to court (rather than perhaps indicating the COPFS are not really up to their job of prosecuting cases honestly and leaving some room for criticism of Police tactics in certain investigations), others including senior legal figures claim, with some degree of certainty, that some of the changes proposed, including the loss of corroboration will increase injustice in Scotland, rather than bring a fairer justice system as the Scottish Government are claiming.

Key recommendations include:

The right to legal advice when taken into custody

Limit the period of arrest before charge to 12 hours

Particular protection and rights for children and vulnerable adults

Greater powers for police to conduct structured investigations

Less restrictive rules around evidence and a removal of the need for corroboration

Adjustments to the relationship between the Scottish Criminal Cases Review Commission (SCCRC) and the High Court

The full Carloway Review can be read online here: Carloway Review Report & Recommendations 2011 along with the Executive Summary and Lord Carloway's statement or can also be downloaded as pdfs from the Scottish Government website here : CARLOWAY REVIEW DOWNLOADS (Scottish Gov links are not always available as they like to vary or delete the links to stop people finding this kind of stuff – Ed)

Creating a Fair Justice System for the 21st Century

A package of proposals to overhaul Scots criminal law is being unveiled today following a year-long independent review by the High Court Judge, Lord Carloway. The Carloway Review was commissioned last year by Justice Secretary Kenny MacAskill. Lord Carloway's Report follows an extensive research and consultation process, supported by a full time team and assisted by a Reference Group of practitioners and experts in the field of criminal law. The outcome is a thorough and meticulous Report which sets out a powerful case for radical and substantial changes to the system, and details 76 recommendations to put these into practice.

In his statement launching the report, Lord Carloway says: "The task facing the Review was to identify how criminal law and practice in Scotland, from the moment a suspect is identified right through to the consideration of any appeal and beyond, should be re-cast to meet the challenges and expectations of modern society and legal thinking.

"The Report recognizes that it is not starting from a blank sheet of paper. It cannot effect total reconstruction, riding roughshod over sound existing traditions. The recommendations therefore seek to mould new elements and new thinking with existing practices in order to create a more robust, revitalised and modern system. In particular, they seek to re-structure and reinforce the system's foundations by instilling a human rights approach in larger measure and at greater depth. The aim is a system that not only surpasses minimum requirements today, but also stands up to developments for the foreseeable future."

Under the changes recommended by Lord Carloway, the revised criminal justice system will start from a simplified, unitary system of arrest, on reasonable grounds for suspicion, and detention. An arrest will trigger a set of rights for the suspect securing access to a lawyer, with particular protections for child suspects and vulnerable adults, to ensure that any proceedings against the suspect constitute a fair trial. It will also entail a system in which a suspect being charged should be brought before the court within 36 hours of arrest. Alongside this the police will have greater powers to conduct a structured investigation, with the ability to liberate a suspect on condition they return for later questioning, with other unnecessary constraints on questioning removed, subject to the supervision of the courts. This will give the police time to pursue further investigations other evidence such as phone records or DNA evidence.

Similarly, there will be a less rule-bound approach to the evidence gathered. Judges and juries should assess the quality and relevancy of evidence, free of the current restrictive rules and principles, such as the general requirement for corroboration, that belong to an earlier age and, as research has indicated, may now operate as an impediment to justice. And if a judicial decision at first instance is to be challenged, there will be a single, streamlined and well-regulated appeal process to follow, rather than the various and archaic procedures currently in place. The Scottish Criminal Cases Review Commission will be reinforced as the final safeguard against miscarriages of justice.

Lord Carloway has acknowledged the potential impact the Report may have, saying "I do not underestimate the size of the steps I am recommending. However, I hope and trust that this Report will make a significant contribution to the development of a modern, fair, effective and distinctly Scottish criminal justice system for the future."

Justice & Scots expectations to the right of a fair trial is not like picking up a 2 for 1 at the local brewery : Justice Secretary Kenny MacAskill. Welcoming the Carloway review on behalf of the Scottish Government and prior to taking a hatchet to the rights of Scots to expect a fair trial in Scotland’s at best, inconsistent criminal courts, Mr MacAskill said: "I am grateful to Lord Carloway for this weighty and authoritative review which takes a long-term view on our criminal justice system and how it can be reformed and improved for Scottish citizens. Following the UK Supreme Court's ruling on the Cadder case last year, we immediately passed emergency legislation to protect the victims of crime and make sure our police could continue to investigate crime effectively. In addition to the emergency legislation, the Lord Advocate also acted early to protect live cases ahead of the Cadder ruling.”

Mr MacAskill continued, at length (sadly) : "We continue to work closely with our criminal justice partners to ensure that Scotland has a modern robust justice system fit for the 21st century. I am grateful for the committed engagement of police, prosecutors and defence agents in implementing the necessary changes to date. The Carloway Review builds upon the actions we took last October and will frame longer term reform. The recommendations are far reaching and, while respectful to traditional systems that have served us well over centuries, seek to reshape and respond to present-day obligations and expectations.”

"The Carloway Review is very welcome; it gives us considered advice on how we ensure our justice system continues to cope with unprecedented pressures and offers long lasting solutions to some of the challenges we face. I look forward to considering these significant recommendations in detail as a basis of making further and wide reaching improvements to Scotland's distinct justice system."

The Law Society of Scotland raised serious concerns regarding the recommendation to dump corroboration in their own statement issued to the media :

Removal of corroboration raises grave concerns, warns Law Society

The Law Society of Scotland today welcomed the publication of the Carloway Review (17 November 2011), but raised serious concerns over the proposal to remove the requirement for corroboration in Scots law.

Law Society of Scotland President Cameron Ritchie. Cameron Ritchie, President of the Society and member of the working group that considered the Review said "We congratulate Lord Carloway on his detailed and authoritative report that provides a vast range of recommendations, the details of which will need to be worked out. However, we have grave concerns in respect of the proposal to abolish the requirement for corroboration. Before taking the radical step of abolishing what has been an integral part of Scots criminal law since time immemorial, there would have to be an overwhelming case for that change presented and in our opinion the review in itself does not achieve that. We believe there is a case for a wider and broader based review of the law of evidence and criminal procedure.”

Ritchie continued: "We are however pleased to see that the report recommends the introduction of police bail and the reduction of the maximum detention period without charge to 12 hours. The introduction of greater support for vulnerable suspects is also good to see and we are very supportive of a 'letter of rights' being introduced, and look forward to working with the relevant parties to work out the detail of that."

The Review started in November 2010 as a part of the Government's response to the Cadder decision on the right of suspects to receive advice from a lawyer before police questioning. Lord Carloway's consultation ran 8 April - 3 June 2011.