SP Paper 359 (Web Only)
JUS/S4/13/R11
11th Report, 2013 (Session 4)
Subordinate Legislation
Remit and membership
Remit:
To consider and report on:
a) the administration of criminal and civil justice, community safety and other matters falling within the responsibility of the Cabinet Secretary for Justice; and
b) the functions of the Lord Advocate other than as head of the systems of criminal prosecution and investigation of deaths in Scotland.
Membership:
Roderick Campbell
John Finnie
Christine Grahame (Convener)
Colin Keir
Jenny Marra (Deputy Convener)
Alison McInnes
David McLetchie
Graeme Pearson
Sandra White
Committee Clerking Team:
Irene Fleming
Joanne Clinton
Ned Sharratt
Christine Lambourne
Subordinate Legislation
The Committee reports to the Parliament as follows—
Consideration of the Scottish Court Service’s proposals on a future court service
1. At its meeting on 16 April 2013, the Committee agreed to undertake a focused inquiry into the proposals contained in the Scottish Court Service’s (SCS) report, Shaping Scotland’s Court Services 1, which was published on 9 April 2013.
2. The SCS’s report made recommendations on a future courts structure in Scotland. The report proposed a reduction in the High Court circuit, a centralised model for sheriff court business, and the closure of 10 sheriff courts and seven justice of the peace courts.
3. The Committee issued a call for written views on 24 April 2013. Responses to this call for written views can be found on the Committee’s webpages2.
4. The Committee took oral evidence on the proposals at its meetings on 21 May and 4 June 2013.
5. At its meeting on 21 May, the Committee took evidence from three panels. The first panel comprised of representatives of the SCS; the second panel comprised of representatives from the Scottish Justices Association, the Faculty of Advocates, the Law Society of Scotland, and Sheriff Drummond; the third panel comprised of representatives from Victim Support Scotland, Citizens Advice Scotland, the Public and Commercial Services Union and Fife and Forth Valley Community Justice Authority.
6. The Official Report of the meeting on 21 May can be found here: http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=8170.
7. At its meeting on 4 June, the Committee took evidence on the proposals from the Cabinet Secretary for Justice and from the Lord President and the SCS.
8. The Official Report of the 4 June meeting can be found here: http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=8193
Scottish statutory instruments and motions to annul
9. At its meeting on 11 June the Committee considered the following negative instruments—
Sheriff and Court District Amendment Order (SSI 2013/152); and
Justice of the Peace Courts (Scotland) Amendment Order 2013 (SSI 2013/153).
10. These instruments implement the court closures recommended in the SCS’s report.
11. The Sheriff and Court District Amendment Order (SSI 2013/152) makes provision to close certain sheriff courts and abolishes certain sheriff court districts; it also specifies the courts to which business will be transferred from the courts that are closing.
12. The Justice of the Peace Courts (Scotland) Amendment Order 2013 (SSI 2013/153) disestablishes certain justice of the peace (JP) courts and makes provision for all cases of these courts to be transferred to specified ‘receiving’ courts.
13. Details of the courts to be closed by both of these instruments and the courts to which the business will be transferred are included in the annexe to this report.
14. Lewis Macdonald moved—
S4M-6648: That the Justice Committee recommends that the Sheriff Court Districts Amendment Order 2013 (SSI 2013/152) be annulled.
S4M-6649: That the Justice Committee recommends that the Justice of the Peace Courts (Scotland) Amendment Order 2013 (SSI 2013/153) be annulled.
15. After debate, motion S4M-6648 was disagreed to (by division: For 4, Against 5, Abstentions 0) and motion S4M-6649 was disagreed to (by division: For 4, Against 5, Abstentions 0).
16. The Official Report of the meeting on 11 June can be found here: http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=8209
ANNEXE
Court Closures
Courts to be closed: |
Business to be transferred to:
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Sheriff & JP
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Sheriff
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JP
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Sheriff & JP
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Sheriff
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JP
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Arbroath
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Forfar
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Cupar
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Dundee
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Dingwall
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Inverness
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Dornoch
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Tain
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Duns
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Jedburgh
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Haddington
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Edinburgh
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Kirkcudbright
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Dumfries
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Peebles
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Selkirk
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Stonehaven
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Aberdeen
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Rothesay
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Greenock
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Annan
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Dumfries
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Cumbernauld
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Coatbridge
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Irvine
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Kilmarnock
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Motherwell
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Hamilton
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Portree
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Portree
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Stornoway
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Stornoway
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Wick
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Wick
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Footnotes:
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