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- MSPs back temporary Coronavirus changes to justice system but recommend some improvements
MSPs back temporary Coronavirus changes to justice system, but recommend some improvements
4 April 2022
The Scottish Parliament’s Criminal Justice Committee has set out its views on the proposed extension of temporary changes to the justice system in the Scottish Government’s Coronavirus (Recovery and Reform) Bill.
The Committee is reporting its findings to the Covid Recovery Committee, who will take a view on the Bill as a whole (it covers areas including health, local government and education as well).
The Criminal Justice Committee has considered only the provisions relating to justice issues, including:
- Extending the time limits on court cases coming to trial,
- Greater use of technology in court cases to allow remote hearings,
- Greater use of fiscal fines,
- The power for ministers to release prisoners early.
The Committee understood the necessity to continue many of the changes, and backed some – such as interim legal aid payments – becoming permanent improvements to the justice system.
However, it warned that more fundamental, permanent changes to the system, like a long-term presumption for remote hearings, would need more data, debate, and a greater consensus from key stakeholders before being made. To this end, it has called on the Scottish Government and courts service to acknowledge the legitimate concerns of stakeholders, including many lawyers.
The Committee has also called on Ministers to ensure that information to victims is improved when cases are settled through fiscal fines. The Committee also believes that communication with and support for victims should be improved if Ministers have to use powers to release prisoners early again.
Members also called on the Government to return to normal time limits for court cases as soon as feasible, as this is in the interests of both victims and the accused. The Committee does not want these extended time limits to become the new normal. Their use should be monitored and used proportionally.
Speaking as the report was published, Committee Convener, Audrey Nicoll MSP, said:
“The justice sector was greatly impacted by the pandemic, and supporting its recovery is a priority for our Committee.
“Many of these changes, including the extension on trial time limits, are unwelcome but necessary. We absolutely understand the need to legislate for them, though we all want to see delays and backlogs cleared as soon as possible.
Ms Nicoll continued:
“The sweeping changes introduced to respond to the unprecedented situation we found ourselves in have understandably reinvigorated the debate on reforming the sector.
“Many of the innovations, particularly the less controversial and technical rules, have been broadly welcomed. Where those are sensible and enjoy broad support, we back these being made permanent. We would see no reason to, for example, remove interim legal aid payments, or bar the Parole Board from allowing its chair to delegate decisions.
“However, on more fundamental questions about the administration and delivery of justice in Scotland, such as how court business is conducted, we want to see more data, more consideration being given to rights, and evidence that any changes would be required and beneficial before any permanent legislation is introduced.”
Background
Jamie Greene MSP and Russell Findlay MSP disagreed to the proposal in the Bill to temporarily increase the maximum level of fiscal fine available to prosecutors from £300 to £500.
The following provisions would be permanent:
- Legal aid – interim payments,
- Requirements of writing (removes legal requirements for lawyers to be physically present during certain legal processes which take place away from court, for example, to take an oath or witness someone signing a document),
- Custody at police stations (enabling Scottish Ministers to make arrangements for Prisoner Custody Officers to carry out their functions within police stations)
- Parole Board for Scotland (the functions of the Chair of the Parole Board for Scotland to be delegated to the next most senior member where the Chair was unable to undertake their functions).
The following provisions are temporary (initially in place until November 2023, with the possibility to extend to November 2025 if agreed by Parliament (by Affirmative SSI).
- Courts and Tribunals – electronic business (remote/virtual attendance at court hearings, including what are sometime referred to as ‘virtual courts’ and ‘virtual trials’.)
- Fiscal fines (temporarily increasing the maximum level of fiscal fine available to prosecutors from £300 to £500);
- Failure to appear before court following police liberation,
- National jurisdiction for callings from custody,
- Criminal procedure time limits (a relaxation, on a temporary basis, of the statutory time limits which criminal proceedings are subject to),
- Proceeds of crime (The Bill temporarily modifies the Proceeds of Crime Act 2002 to make clear that coronavirus-related reasons are valid reasons for allowing the confiscationorder making process to be postponed.)
- Prisons and young offenders institutions (he Bill gives Scottish Ministers the power to make regulations to release certain people from prisons and young offenders institutions early.)