To ask the Scottish Executive what guidelines have been given by the Crown Office to district procurators fiscal on the diversion of cases from summary courts.
A new system of direct measures, including extended fiscal fines and compensation offers, was introduced on 10 March 2008 by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 as part of the wider Summary Justice Reform programme.
A key aim of the reforms is to ensure that those who offend can either be dealt with more effectively and expeditiously through the use of direct measures or through a faster summary court process.
Where there is sufficient evidence to establish that a crime has been committed, the Procurator Fiscal will consider what, if any, action is required in the public interest. Decisions are based on the facts and circumstances of each case. Direct measures are used for the type of less serious offending that would, for example, be unlikely to attract imprisonment or a community order at the conclusion of any court proceedings. This will, in turn, free the courts to tackle those offenders whose behaviour can have a corrosive effect on communities, and to address longer term offending behaviour.
All Crown Office and Procurator Fiscal Service staff involved in the new summary justice system have received two days of training which has been supplemented with new prosecutorial guidance which is focused on achieving the most appropriate outcome in each case at the earliest opportunity. While it would not be appropriate to publish this detailed prosecutorial guidance, it seeks to achieve the aims of the Summary Justice System Model which was published by the Scottish Government in 2007.