Justice Committee, 20 Nov 2007

Meeting date: Tuesday, November 20, 2007

Official Report 259KB pdf

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Subordinate Legislation

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Criminal Proceedings etc (Reform) (Scotland) Act 2007 (Incidental, Supplemental and Consequential Provisions) Order 2007 (Draft)

Item 2 is consideration of a piece of subordinate legislation. Kenny MacAskill, the Cabinet Secretary for Justice, will speak to the draft order. He is accompanied by Gerry Bonnar, from the Scottish Government's criminal procedures division, and Stephen Crilly, from the Scottish Government's legal and parliamentary service. I do not think that we will detain you long this morning, Mr MacAskill. I invite you to speak to the draft order and move motion S3M-782.

The order is being made under section 82 of the Criminal Proceedings etc (Reform) (Scotland) Act 2007. Section 82 allows the Scottish ministers to make such incidental, supplemental, consequential, transitional, transitory or saving provision that is necessary or expedient in connection with the act. The order amends the act in relation to three matters: the presumption of proof in prosecutions for failure to appear while on bail in solemn proceedings; the prescribed timescales for agreeing uncontroversial evidence in summary proceedings; and the requirement for justices of the peace to retake oaths.

The amendments are supplemental, incidental and consequential to the provisions and policy aims of the 2007 act. Many of its provisions will come into force on 10 December and the amendments are necessary to ensure the effective operation of the provisions and to give effect to the original policy intentions.

With the 2007 act's core objectives of approving the efficiency and effectiveness of the summary justice system in mind, the amendments are intended to remove unnecessary inconvenience and expense and to facilitate the successful transition to the new system. Each of the amendments that the order makes is clearly within the scope and intention of the 2007 act and is intended to secure the original policy aims and the effective operation of the act's provisions.

I move,

That the Justice Committee recommends that the draft Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Incidental, Supplemental and Consequential Provisions) Order 2007 be approved.

Motion agreed to.

Meeting suspended.

On resuming—