shaping Scotland’s court services

summary of a dialogue on a court structure for the future

Background

During May and June 2012, the Scottish Court Service (SCS) held six events across the country to engage with the legal profession, local authorities and a range of others with a professional or voluntary service association with the justice system. Representatives of the judiciary, court staff, police, Scottish Government, the Scottish Legal Aid Board, the Crown Office and Procurator Fiscal Service and the Scottish Prison Service also attended.

A total of 255 delegates1 participated in the events, around 90% of those invited.

Delegates were offered the opportunity to express their views on the events through an on line survey. 108 responses have been received. The locations chosen for the events were well received, and the facilities at the venues rated as good or excellent by 69% of respondents. While some commented that more detailed information would have been helpful, 94% found the background paper helpful, and 89% said they were clear about the purpose of the event. While the responses suggest that some had personal reservations about the format of the discussion sessions, 84% said that they had been able to express their views. In recognition that some delegates would prefer to set considered thoughts down in writing, we have set up an e-mail address for this purpose. This has been circulated to all those who attended. No contribution has yet been received through this channel.

A summary of the key issues raised at each event is appended.

The SCS consider these events to be an important stage in its work on shaping Scotland’s court structure for the future. The open and challenging discussion, and the imaginative ideas that were aired, made each of the events worthwhile. While the structure of the events, and the time available, did not admit detailed discussion of any particular matter, issues were well articulated and the themes clear. All the points raised and ideas made at the events will inform the further work that the SCS will now do to review and develop its thinking and formulate a public consultation paper for publication later this year.

Readers who did not attend one of the events may find the background paper prepared for delegates of interest. The paper can be accessed through this link: a dialogue on a future court structure

1 Inverness 47; Aberdeen 27; Glasgow 52; Perth 34; Dumfries 35; Edinburgh 60

F

Themes

While understandably some of the comments made and ideas offered were particular to the issues in specific parts of the country, a number of common themes emerged. These are summarised in the following paragraphs.

Openness and Opportunity

The holding of these events, and the openness and willingness to listen reflected by the SCS, were well received. Many commented that the events themselves were a positive contribution, and that the process offered a huge opportunity for making improvements to the justice system. There was recognition that resolving many of the difficulties in the current system was not within the gift of the SCS. There was a strongly held view that to consider only the places where court business was delivered was too simplistic; an holistic approach was required. There should be a focus on the process that is the justice system. Fundamental changes should be made to the type of business that finds its way before a court, and to the procedural devices employed to manage that business when it gets into the system. The traditional conventions (most particularly the culture of personal appearance at nearly every stage) should be reviewed, and the fullest possible use made of communications technology in all its forms. A recurring theme at the events was a need for an overall strategic review of the Scottish justice system, with its focus on the people involved and the outcomes to be achieved, and not merely on the processes and physical attributes of the system.

Realisation of potential of earlier reforms

There was a feeling that the potential benefits from reforms over recent years (such as those on disclosure and case management) had not been fully realised, and that this should be done before further reform was contemplated.

Realisation of potential within current structure

There was a view that more could be done to maximize the efficiency of the current structure to create savings. This would obviate the need for what some saw as too radical a set of proposals, coming at a time when there was little money to invest in the success of the reforms.

Capacity

Attention was drawn to current pressures on a number of courts to accommodate business, and the limitations on their capacity to absorb more work. This was considered a particular concern in the context moving business from one court to another to allow for closure of a court or the setting up of a specialist centre. The importance of ensuring that there was adequate capacity in any court that was to receive additional business was considered crucial.

High Court Circuit

Reducing the High Court Circuit to three centres was generally uncontroversial.

2 F

Children and young offenders

There was concern that the particular considerations of children and younger offenders were not reflected in the paper produced for the events. There was a call for this to be addressed at later stages of the consultation.

Inadequate data

A further theme was a criticism about the lack of detailed data on which to consider and challenge the thinking in the discussion paper. Some delegates felt that an adequate assessment of what was being considered could not be made without an analysis of the costs and benefits. More information on workload and population was asked for, and particularly more information on the distances and costs the additional travel that would be a consequence of the relocation of services would involve. There was a feeling that the recommendations of Lord Carloway’s recent report had the potential to create a not insignificant amount of additional business.

Economic costs for communities

The presence of a court in a local community had an impact on the local economy. The consequences for such economies were a court to be closed should be taken into account in any consideration.

Decreasing the demand

There were two strands to this discussion.

The first considered how to keep both civil and criminal cases out of court. In civil matters the aim should be to move away from the current default position of litigating. Greater use of mediation and alternative dispute resolution should be encouraged, and introduced as a compulsory step before proof was allowed. In criminal matters the discussions ranged from looking to policies that would reduce offending behaviour in society, to practical arrangements such as increased diversion.

The second strand considered the steps that could be taken to reduce the demands on the system in those matters that properly should come into the court process. There were many practical ideas around case management, video communications, the transaction of certain business on line, the centralisation of bulk services such as commissary and debt litigation. There were also ideas around ways to narrow the issues coming before the court through greater judicial control of cases, perhaps through having a personal list of cases and a system of judicial triage. There was a feeling that much could be achieved by rule changes.

While there was considerable support for the use of video and other communication technology to limit the number of in court appearances, reduce travelling, and generally to manage business more efficiently, this was tempered by a call for better investment in both the equipment and technology, and also in the arrangements for supporting the smooth technical operation of the system.

3 F

Increased travel distance and cost

Of all the themes, this perhaps stirred the most heated concerns. Increased travelling was seen as a consequence of the thinking about centralising sheriff and jury business within sheriffdoms, the creation of courts served only by a summary sheriff with a limited civil and administrative jurisdiction, and the closing of court locations.

There was a concern that the current ideas, if taken to their conclusion, would simply transfer costs to other participants in the system. Litigants, accused, victims, witnesses, jurors would all be affected, as would those professionally involved in the system. There was a potential for legal aid costs to increase; COPFS costs would rise as witness costs would increase. The police and social work departments would also be affected, as would the prisoner escort services. The most serious concern, however, was that those most affected would be the most disadvantaged of court users who had little means, and may be in a vulnerable state.

Increased travel distance had consequences beyond the mere cost of travelling. There were the practicalities: the impossibility in many areas to travel to and from a certain location by public transport in a single day. It was observed that certain of the current SCS thinking could not be achieved in conformity with the principles for access to justice. Making it more difficult for court users to travel to court could increase the incidence of cases failing to proceed because essential persons were not present.

While the various factions in criminal and civil proceedings already must travel to court, it was felt that increasing travelling distances could reduce the travel options for the most disadvantaged within these groups, and force more to share public transport. This was seen as offering the potential for intimidation and other criminal activity.

More worryingly for some delegates was the possibility that by removing the provision of justice locally and increasing a travel barrier, there may be a greater disinclination for communities to participate in the justice process. There would be an effect on the pool of citizens available to serve on juries; local knowledge would be lost to the justice process if cases were tried by jurors resident far from the place where the crime was committed.

Consideration should be given to altering sheriffdoms and court district boundaries to minimise the effects of any reduction in local services.

One size does not fit all

A common theme at all the events was that in a country as geographically and demographically diverse as Scotland different ways to deliver services were going to be required. What was appropriate for the central belt was not necessarily going to deliver service in the remoter rural parts of the country. There was much support for making use of buildings that were not of a traditional court house design. While recognising that proper consideration had to be made to issues of security, there was fairly widespread support for making use of any suitable building, perhaps with the support of some mobile court facilities. This was seen as a way of increasing the provision of services in the remotest parts of the country. Sharing facilities with other public bodies was seen as a positive arrangement, particularly in providing local hearing centres for cases otherwise managed in another court location. Co-location with other justice agencies (along the Livingston example) was seen as a positive development, and one consistent with any move to problem solving courts along of the model suggested by the Commission on Women Offenders, although it was recognised that such facilities required investment. 4 F

Attention was drawn to the different ways the NHS and local government operated in the remoter areas of Scotland, and there was a feeling that certain court services could be delivered in similar ways.

A development of this theme was the operational flexibility found within the busy rural sheriff court, presided over by a single resident sheriff, where business can be dealt with flexibly and efficiently because all the players are routinely in the courthouse, conducting a range of business within professional relationships that have developed through regular engagement. To lose that by taking certain business away to a central point was seen as doing a disservice to the communities presently being served by such courts.

Specialisation v local provision

Establishing regional centres of specialism was seen as generally positive, but there were reservations. Such centres were seen as having potential to improve the consistency and quality of service in an area, and thereby increase public confidence. The model would also offer opportunity to programme and manage strands of business more efficiently. However, it was recognised that moving work into specialist centres could lead to a loss of skill in the judiciary, court staff and legal profession locally, and in effect limit public access to justice as anyone wishing advice on, or to litigate within, a specialist area of law would have to travel.

Next Steps

The points raised at the events are being taken into account during the further work the SCS is now doing to refine the initial thinking and develop proposals for consideration by the SCS Board later in the summer. We would anticipate a three month public consultation on final proposals being launched in the autumn of 2012. Only after the outcome of that consultation would final decisions be made, and, as necessary, statutory orders laid before the Scottish Parliament for approval.

July 2012

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APPENDIX

summary of a dialogue on a court structure for the future

Delegates were divided into groups and asked to consider the ideas in the background paper over two sessions. For the first session the focus was on what was good about the ideas, what was bad, and what was missing. In the second session, the groups were asked to outline their concerns and consider other options and new ideas. The key issues emerging from each session are recorded on the following tables.

After each session a facilitator summarised the broad themes emerging from the group reports. These are outlined on the Overall Summary table.

6

F INVERNESS, 22 May 2012 OVERALL SUMMARY

THEME COMMENTARY HOLISTIC JUSTICE SYSTEM APPROACH OR PERCEIVED AS GOOD “JUSTICE FAMILY” EXAMINE COURT MANAGEMENT TIME , CURRENT WASTE ,DIVERSION (MEDIATION) SEEK OUT OPPORTUNITIES FOR EFFICIENCY

TECHNOLOGY OPPORTUNITY BUT CONSTRAINTS NOTED INVESTMENT IN ICT AND SKILLS (PEOPLE) REQUIRED

PHYSICAL INFRASTRUCTURE MOBILE OR VIRTUAL COURTS (JUSTICE BUS/MOBILE CINEMA CONCEPT) USE PARTNER FACILITIES

SPECIALISATION/LOCAL SERVICE LOCAL ACCESS TO JUSTICE ISSUES PERCEPTION OF LOSS OF LOCAL ACCESS TO JUSTICE LOSS OF LOCAL KNOWLEDGE ONE SIZE DOES NOT FIT ALL LESSONS FROM ELSEWHERE CARE/HEALTH SECTOR, PAISLEY SHERIFF COURT OUTHOUSING (SCHOOL), SCOTTISH LAND COURT

PARTNERSHIP/CO-OPERATION NEED FOR MORE ROBUST INTERNAL AND EXTERNAL WORKING

TRAVEL COSTS AND DISTANCES; IMPACT ON USERS; NEED FOR MORE DETAIL IMPACT ON POLICE AND OTHER JUSTICE AGENCIES LOOK AT SHERIFF COURT BOUNDARIES CAPACITY INVERNESS UNABLE TO ACCOMMODATE ADDITIONAL BUSINESS

OUTCOMES SHOULD NOT FORGET SYSTEM IS ABOUT DELIVERY OF JUSTICE OUTCOMES

7

F SESSION 1

GOOD BAD NEW IDEAS OR MISSING EVERYONE INVOLVED IN PROCESS LOSS OF LOCALITY/LOCAL ACCESS MORE FLEXIBILITY IN USE OF COURTS: 24/7 & SATURDAY COURTS

VARIED TIMETABLE SINGLE SOLUTION - ONE SIZE DOESN’T FIT ALL INDEPENDENT GOVERNMENT IMPLICATIONS: DIFFERENT FUNDING ARRANGEMENTS

PRINCIPLES: LOCAL JUSTICE CRITERIA USED NOT ADEQUATE: DON’T USE CASES STRATEGY FOR REDUCING DEMAND ON REGISTERED OR SITTING DAYS COURTS: USE MEDIATION FOR SMALL CLAIMS

EFFICIENCY POSSIBLE INCREASE IN BUSINESS: CARLOWAY USED ADMINISTRATIVE RESOURCES RATHER THAN JUDICIAL FOR TECHNICAL PROCEDURES

SPECIALISATION CURRENT SYSTEM WORKS WELL IN HIGHLANDS; THIS DO WE NEED JP COURTS WOULD BE LOST SAVINGS COST TO INDIVIDUALS AND ADDED TRANSPORT COSTS - LONGER TERM PLAN OR VISION FOR SCOPE FOR HIGHLAND SUPPLEMENT AS IN OTHER ARENAS ESTATE

BETTER BUILDINGS PUBLIC PERCEPTION ; LOSS OF ACCESS TO JUSTICE REDRAW COURT BOUNDARIES

JUSTICE FAMILY TALKING INVERNESS CANNOT COPE WITH ADDED BUSINESS TRAVEL COSTS

BETTER ICT NEEDS FOR CRIMINAL COURT DIFFERS FROM NEEDS FOR COST SAVINGS/COST BENEFIT CIVIL COURT

8 F

GOOD BAD NEW IDEAS OR MISSING INCREASED SECURITY ISSUES: AT COURT AS WELL AS PUBLIC USE OF DIFFERENT/SHARED VENUES FOR TRANSPORT COURTS IMPACT ON POLICE TIME USE OPEN SOURCE IT LOSS OF LOCAL KNOWLEDGE SCS DIRECTLY EMPLOYS TRANSLATORS

DIFFICULTIES IN DISPOSING OF THE ESTATE GPS LINK TO COURT PAPERS/JURISDICTION FOCUS ON JUSTICE - WHAT ABOUT OUTCOMES - MORE ABOUT ACCESS THAN JUSTICE

MORE DETAIL REQUIRED: PLANS FOR PI COURT TRY THE COMMUTE RATHER THAN USE WEB BASED ESTIMATE

9 F SESSION 2

CONCERNS OTHER OPTIONS AND IDEAS FUTURE BUSINESS ASSUMPTION JUSTICE AS SINGLE SYSTEM: JUSTICE FAMILY NOT FLAT? NEED PAN-JUSTICE LEADERS TO TAKE FORWARD

RURAL PERSPECTIVE LESS COURT BUSINESS NEEDS TO BE FLEXIBLE MEET LOCAL NEED – ONE SIZE DIVERSION AND MORE MEDIATION DOESN’T FIT ALL BUT NEED FOR TRANSPARENCY IN JUSTICE SYSTEM COURT SERVICE PICKS UP TAB FOR INEFFICIENCY CROSS BUDGET PROVISION – JUSTICE BUDGET ELSEWHERE IN SYSTEM LEARN LESSONS FROM ELSEWHERE - CARE SECTOR GEOGRAPHY INVESTMENT REQUIRED TENSION BETWEEN USE OF TECHNOLOGY AND FACE TO FACE SUITABLE LOCATIONS MORE CASE MANAGEMENT FROM BENCH AND SCS PHYSICAL CONDITIONS ACCESS /GEOGRAPHY PUBLIC TRANSPORT LINKS TECHNOLOGY CONSTRAINT INVESTMENT IN KIT AND VIDEO CONFERENCING PEOPLE MORE SCOPE FOR USE OF VIRTUAL ENVIRONMENT (SKYPE) SKILLS AND DEPENDABILITY OF SYSTEMS DON’T UNDERESTIMATE BENEFITS OF FACE TO FACE SPECIALISATION BASED ON CRITICAL POPULATION IMPROVED EFFICIENCY MASS MEANS MORE TRAVEL; DESKILLING OF STAFF, INCREASE PRODUCTIVITY BENCH, SOLICITORS ETC MORE EFFICIENCY; LESS WASTE

COURT CAPACITY CONCERN ABOUT CAPACITY OF COURTS TO ABSORB BUSINESS IS SOME CLOSE

10 F

CONCERNS OTHER OPTIONS AND IDEAS NEED FOR WIDER SYSTEM REFORM LOCAL JUSTICE SPECIALISATION GEOGRAPHICAL DEPENDENT NEED LOCAL JUSTICE CAN CENTRALISE SOME SERVICES

TIMING OF COURTS REVIEW SYSTEM OF LEGAL AID INCREASED TRAVEL MEANS TRADITIONAL 10AM START FOR COURTS NOT POSSIBLE

SECURITY CIVIL AND CRIMINAL SHERIFFS INCREASED FOOTFALL – MAY NEED INCREASED ALTERNATIVE TO SHERIFF AND SUMMARY SHERIFF SECURITY

VIRTUAL COURTS MORE SHARING OF FACILITIES NHS MODEL MORE PARTNERSHIP WORKING INFRASTRUCTURE REFORM - PAISLEY OUTHOUSED TO SCHOOL DURING COURT REFURBISHMENT

MOVE PEOPLE OR FACILITIES LESSONS FROM ELSEWHERE LAND COURT, SCHOOLS, UHI , HEALTH SERVICE ETC

COMMUNICATION NEED FOR MORE COMMUNICATION FORUMS AND ENGAGEMENT NEW COURT LOCATION EG ALNESS NEW BUILD

11 F

CONCERNS OTHER OPTIONS AND IDEAS SUITABILITY -NATURE OF BUSINESS COMMERCIAL CASES FAMILY CASES MORE PARTNERSHIP WORKING IN WHOLE JUSTICE SECTOR SATURDAY COURTS? 24 HOUR 7 DAYS A WEEK AVAILABILITY? ALL ATTENDING FOR SAME START TIME – STAGGER TIMES? EARLIER CITATION OF WITNESSES PHYSICAL CENTRALISATION OF SOME SERVICES

12 F

ABERDEEN, 23 May 2012 OVERALL SUMMARY

THEME COMMENTARY COSTS STAFF: REDUCTION IN WASTE: POSSIBLE USE OF BUILDINGS FOR BENEFIT OF COMMUNITY: PUBLIC CONCERN AND IMPACT ON PUBLIC CONFIDENCE IN JUSTICE SYSTEM; OPPORTUNITY TO AUGMENT INCOME (CIVIL FEES) SPECIALISATION CREATION OF CENTRES OF EXCELLENCE: EXPERTISE IN SPECIFIC FIELDS: IMPROVED PUBLIC CONFIDENCE: LOSS OF SKILLS: LOSS OF LOCAL KNOWLEDGE LOSS OF CHOICE TECHNOLOGY CHEAPER AND BETTER: CREATION OF LOCAL LINKS ALTERNATIVE TO PHYSICAL COURT USE

SYSTEM REFORM IMPACT ON DEMAND AND NEED FOR ROBUST CASE MANAGEMENT PRACTICALITIES OF CHANGE/CAPACITY FOCUS ON OUTCOMES CONTROL DEMAND; USE OF DIVERSION MEASURERS MANAGE DEMAND: FRONT END JUDICIAL FILTER NARROWING ISSUES IN ADVANCE CROSS AGENCY NEED TO CONSIDER OTHER (TRANSFERRED) COSTS EXPLORE SERVICES AND FACILITIES FOCUS ON OUTCOMES BENEFITS OF CO-LOCATION TRANSPORT/TRAVEL COST: TIME AND DETERRENT TO COURT ATTENDANCE/PARTICIPATING IN PROCESS CASE MANAGEMENT MORE SANCTIONS TO SUPPORT EFFECTIVE MANAGEMENT OF CASES MORE JUDICIAL INVOLVEMENT IN CASE/DIARY MANAGEMENT

PUBLIC CALL CENTRE JUSTICE CAUSES LOSS OF CONFIDENCE IN JUSTICE SYSTEM WIDER ECONOMIC AND SOCIAL IMPACT IF LOCAL COURTS CLOSE

13 F

SESSION 1 GOOD BAD NEW IDEAS OR MISSING COST REDUCTION: SALARIES AND SALEABILITY OF BUILDINGS OTHER USE OF CLOSED COURT BUILDINGS CREATION OF CENTRES OF INCREASED DELAYS AND INCREASED DEMAND ON NEED FOR MORE ENGAGEMENT WITH WIDER EXCELLENCE REMAINING COURTS (CAPACITY) STAKEHOLDERS EFFICIENCY: ESTIMATED COST INCREASED TRAVEL: IMPACT ON TIMING OF COURT CASES FOLLOW JUDGES REQUIRED START/FINISH: DISINCENTIVE TO RAISE ACTIONS ( SMALL CLAIMS): TRANSFER OF INCREASED TRAVEL COST TO PUBLIC: ALL (ACCUSED WITNESSES) TRAVEL ON SAME TRANSPORT INCREASED PUBLIC CONFIDENCE SPECIALISATION LEADS TO DE-SKILLING OF STAFF, HARMONISED CIVIL RULES BENCH AND FACULTY IMPROVED CROSS AGENCY IMPACT ON PERCEPTION OF LOCAL ACCESS TO RECOGNITION OF IMPACT ON CHILDREN AND WORKING: SHARED SERVICES AND JUSTICE AND ABSENCE OF LOCAL CONNECTION TO CHANGE IN LEGISLATION FOR APPEALS TO SHERIFF FACILITIES COMMUNITY FROM SCRA

SMARTER TECHNOLOGY: VIDEO IMPACT ON OTHER SERVICES: COST TO OTHER METHOD/TIMING FOR INTRODUCTION OF CONFERENCING: BETTER AND SERVICES (PRISONS) SUMMARY SHERIFFS CHEAPER: REMOVAL OF PAPERWORK ; LOCAL CONTACT IN RURAL AREAS LESS DISRUPTION TO BUSINESS LOSS OF CHOICE CHANGES WILL MEAN LONGER CASES AND IMPACT (CIVIL) NEGATIVELY ON DEMAND WHOLE PROCESS OR SYSTEM LOSS OF KNOWLEDGE AND EXPERIENCE (SHERIFFS ALTERNATIVES TO COURT: DIVERSION AND REVIEW AND SHERIFF CLERKS) MEDIATION IMPROVED CASE MANAGEMENT WHY PERSONAL INJURY LOCATED IN EDINBURGH NEED FOR IMPROVED CASE MANAGEMENT

14 F

SESSION 2 CONCERNS OTHER OPTIONS AND IDEAS PROVIDES CALL CENTRE JUSTICE ADOPT HIGH COURT FLOATING TRIAL SYSTEM IN SHERIFF AND JURY CASES

MORALE ON STAFF AND SUMMARY BUILD CAPACITY BY CREATING EMPTY COURT/SHERIFF/FISCAL FOR BUSINESS "SUBSTITUTES BENCH" SHERIFFS

PERCEPTION OF LOCAL JUSTICE EXAMINE USE OF EARLY DIETS IMPACT ON LOCAL LEGAL SERVICES AND IMPROVED SANCTIONS FOR CAUSE OF CHURN: ABILITY TO AWARD/CHARGE COSTS TO CROWN LOCAL ECONOMY

QUESTION ON FUTURE NEED OF JP GREATER JUDICIAL CONTROL OF DIARY AND CONTINUITY IN CASE MANAGEMENT; JUDGES HAVING COURT PERSONAL LISTS

AUTHORITY & AUTONOMY OF LOCAL MORE CO-LOCATED CROWN ESTATE /SHARING WITH OTHER PUBLIC SECTOR ORGANISATIONS PROCURATOR FISCAL PROCESS FOCUSED: TICKING BOXES INTRODUCE COURT CRÈCHES ( INCREASED TRAVEL OF WITNESSES) RATHER THAN REAL ENGAGEMENT

IMPACT ON COURT DELAYS DIFFERENT CRIMINAL AND CIVIL CENTRES: LEARN FROM COMMERCIAL COURT PROCEDURES

INTRODUCE SATURDAY COURTS NEW RULES AND ENHANCED DISCRETION FOR JUDGE, AND PROCURATOR FISCAL

CONDUCT PUBLIC SURVEYS TO ESTABLISH NEED EXPLORE ALTERNATIVES: INCREASED DIRECT MEASURES AND MEDIATION

15 F

CONCERNS OTHER OPTIONS AND IDEAS NARROW ISSUES FOR PROOF OR TRIAL: INTRODUCE FRONT END FILTER

MORE GROUPING "ROLL UP" OF CASES ALLOW WARRANT CASES TO CALL IN ANY COURT INTRODUCE DEDICATED HIGH COURT CLERKS MORE FOCUS ON JUSTICE OUTCOMES USE TRANSLATION SOFTWARE RATHER THAN TRANSLATION SERVICES AND INTRODUCE INTERPRETER MANAGEMENT

16 F GLASGOW, 24 May 2012 OVERALL SUMMARY

THEME COMMENTARY DEMAND NEEDS TO TAKE ACCOUNT OF CUSTOMER PERSPECTIVE EXPLORE ALTERNATIVES TO IN COURT PROCESSES AND RECOGNISE NEEDS IN SPECIALIST AREAS - CHILDREN, DOMESTIC ABUSE ETC. CIVIL WILL BE FURTHER "SQUEEZED" OR MARGINALISED IN REMAINING COURTS LOCATIONS.

REDUCE DEMAND: MEDIATION/DIVERSION/JUDICIAL TRIAGE

QUESTION OVER ASSUMPTIONS ON WORKLOAD OF CARLOWAY

IS A COURTROOM ALWAYS REQUIRED TO DEAL WITH BUSINESS

COSTS MORE EFFICIENCY REQUIRED. TRANSFER OF BUSINESS TO OTHER AGENCIES (MEDIATION) AND NEED TO HARNESS NEW TECHNOLOGY

SYSTEM TOO MANY TIERS OF JUDICIARY?

FULLER ASSESSMENT OF IMPACT ON SYSTEM DEMAND REQUIRED PROCESS -V- PHYSICAL TO BE EXPLORED: SCOPE FOR REDUCING PHYSICAL CALLING OF CASES BY OPTIMISING PROCESS

REVIEW RULES AND PROCEDURE; SEEK OUT INEFFICIENCY IN CURRENT SYSTEM

FUTURE PROOF DEMOGRAPHIC ASSUMPTIONS LOSS OF LOCAL JUSTICE: IMPACT ON WIDER ECONOMY AND SOCIETY NEEDS TO BE SPECIALISATION CONSIDERED CONCENTRATION OF SUPPORT SERVICES IN FEWER CENTRES MAY BE BENEFICIAL

17 F

THEME COMMENTARY CROSS AGENCY NEED CONSISTENCY IN CROSS AGENCY WORKING; SHARING OF FACILITIES

TRAVEL UNINTENDED CONSEQUENCES TO OTHER AGENCIES AND INDIVIDUAL COURT USERS NEEDS TO BE FACTORED INTO CONSIDERATIONS NEED FOR ENHANCED PHYSICAL SECURITY WHEN INCREASING FOOTFALL AT COURTS INCREASED TRAVEL DISINCENTIVE TO ATTEND COURT AND LEAD TO INCREASED COURT CHURN AND OVERALL SYSTEM COST AND LIMIT ACCESS TO JUSTICE; DISENGAGEMENT OF PUBLIC NEED TO LOOK AT BOUNDARY CHANGES INFORMATION TECHNOLOGY NEED TO IMPROVE QUALITY AND EFFICIENCY OF MAINTENANCE AND OPERATION

COMMUNICATION VITAL TO COMMUNICATE CHANGES TO THE PUBLIC

18 F SESSION 1

GOOD BAD NEW IDEAS OR MISSING COST REDUCTION IN BUILDING AND COST TO OTHER AGENCIES AND SERVICES AND IN MAJORS ON CRIME: NEED TO DISTINGUISH OPERATIONAL COST PARTICULAR TO VICTIMS, WITNESSES, JURORS, BETWEEN CRIMINAL AND CIVIL AND OTHER DECOMMISSIONING OF BUILDINGS ACCUSED AND VOLUNTARY SECTOR SERVICES (EXECUTRY) AND ENSURE NO REDUCTION IN PRISONER MOVEMENT FURTHER SQUEEZE ON CIVIL (HIGH COURT) CONSISTENCY IN SENTENCING FOURTEEN COURTS FOR S&J BUSINESS INSUFFICIENT COST BENEFIT ANALYSIS TO INCLUDE IMPACT - DEMAND LIKELY TO INCREASE POST CARLOWAY ON OTHER SERVICES AND WIDER CONSEQUENCES OF IDEAS SMARTER TECHNOLOGY: VIDEO LOSS OF LOCAL JUSTICE AND LOCAL RETAIN FLEXIBILITY FOR HIGH COURT TO SIT IN CONFERENCING: BETTER AND CHEAPER: ACCOUNTABILITY - SHOULD BE EQUAL ACCESS TO OTHER AREAS REMOVAL OF PAPERWORK USE E-MAIL JUSTICE FOR ALL FOR CIVIL PROCEEDINGS CO-LOCATION OF SHERIFF AND JP BIGGER IMPACT ON CIVIL BUSINESS WHICH WILL BE WHO CHOOSES LOCATIONS FOR COURTS? COURTS FURTHER DISPLACED BETTER BUILDINGS INCREASED DEMAND ON COURTS REMAINING IN SCS STATISTICAL ANALYSIS - POPULATION CENTRES ESTATE AFFECTED BY MILITARY BASES AND STUDENT DRIFT CENTRALISATION AND TRAVEL AND TRANSPORT COSTS: ACCUSED, WITNESS NEW BUILD OPTIONS CONCENTRATION OF SPECIALIST AND JURORS TRAVELLING TOGETHER RAISES SUPPORT SERVICES SECURITY ISSUES. RAISES POSSIBILITY FOR IMPACT ON LOCAL ECONOMY AND LOCAL WIDER SYSTEM REFORMS REGIONALISATION OF SERVICES RELATIONSHIPS AND LOCAL LEGAL CULTURE REDUCED CHURN OF CASES INCREASED TRAVEL LEADS TO MORE FAILURES TO USER PERSPECTIVE ATTEND AND INCREASES COURT CHURN INTRODUCTION OF ALTERNATIVES TO REDUCED SERVICE LEVELS HARNESSING INCREASED USE OF MEDIATION COURT: MORE USE OF SPECIAL OR ALTERNATIVES TO PROSECUTION. MEASURES

19 F

GOOD BAD NEW IDEAS OR MISSING DE-LOCALISATION IN HEARING CASES EXCESSIVE TRAVEL FOR CHILDREN AND INVOLVING CHILDREN DISPROPORTIONATE IMPACT ON CASES INVOLVING CHILDREN SIMPLIFICATION OF PROCESSES AND FOCUS ON PHYSICAL ESTATE RATHER THAN SERVICE, INCREASING CAPACITY IN SYSTEM SYSTEMS AND PROCESSES CONSOLIDATION OF STAFF AND CREATES ADVERSE SECURITY AND PERSONAL SAFETY SERVICES ISSUES FOR COURT USERS

SESSION 2

CONCERNS OTHER OPTIONS AND IDEAS FOCUS IS ON CRIME CREATE "SERVICE HUBS" TOO MANY TIERS SHARE FACILITIES: WHEN IS A PHYSICAL COURT NEEDED? TRAVEL: LEADING TO COURTS CHURN EXPLORE POSSIBILITY OF INTER AGENCY STAFF AND DISENGAGEMENT LOSS OF LOCAL LEGAL EXPERTISE DIVERT DEMAND: IN COURT ADVISERS , PRE-PROOF TRIAGE, REVISIT SYSTEM FOR PROCEDURAL/TECHNICAL HEARINGS DISENGAGEMENT OF USERS REVIEW TIME LIMITS FOR SUMMARY CRIME

HUMAN RIGHTS COMPLIANCE SEPARATE CIVIL FROM CRIME GENERALISATION -V- SPECIALISATION - OUTSOURCE TECHNOLOGY AND EXTEND USE FOR PROCEDURAL HEARINGS LEAD TO OVER SPECIALISATION

20 F

CONCERNS OTHER OPTIONS AND IDEAS JUROR EXCLUSION MORE FOCUS ON "OUT OF COURT" WORK

CARLOWAY AND ABSENCE OF EXTEND ROLE OF JP AND RE-VISIT POWERS OF SHERIFF CORROBORATION WILL LEAD TO INCREASED DEMAND IN SYSTEM

NEEDS FUTURE PROOFED - TAKE PROMOTE GOOD PRACTICE COGNISANCE OF DEMOGRAPHICS AND FUTURE LEGISLATION USE ALTERNATIVES: MEDIATION ETC PROMOTE BEHAVIOURAL/CULTURAL CHANGE TO SECURE LESS LITIGATION RE-EXAMINE RESTORATIVE JUSTICE INTRODUCE PROCEDURES TO "FILTER" CASES REDRAW BOUNDARIES

21 F PERTH, 31 May 2012 OVERALL SUMMARY

THEME COMMENTARY

JUSTICE SYSTEM OR FAMILY PROMOTES INTER-AGENCY WORKING LEADS TO MORE EFFECTIVE AND EFFICICIENT WORKING AND IMPROVES ON EFFICIENT USE OF BUILDINGS AND PROCESSES

CO-LOCATION OF SERVICES; DEVELOPS JUSTICE CULTURE

LOOK FOR LESSONS FROM SIMILAR JURISDICTIONS COSTS TRANSFERS RISK TO OTHERS; NEED TO RECOGNISE NEGATIVE IMPACT ON OTHER AGENCIES AN COURT USERS TRAVEL INCREASED COST FOR WITNESSES AND JURORS WILL LEAD TO INCREASED COURT CHURN; TIME OF TRAVEL FOR USERS ALSO NEEDS TO BE FACTORED INTO CONSIDERATIONS;

PUBLIC SAFETY CONSIDERATIONS WHERE VARIOUS COURT USER GROUPS TRAVELLING ON SAME PUBLIC TRANSPORT

TECHNOLOGY INCREASED USE OF TECHNOLOGY CONSIDERED TO BE BOTH POSITIVE AND NEGATIVE;

WHILE HELPS VULNERABLE WITNESSES AND VICTIMS, REMOVES SCOPE FOR “FACE TO FACE” INTERACTION

COURTS TO PRISON LINK

FUTURE REFORM ONLY FACTORS IN CURRENT REFORM BUT WHAT ABOUT FUTURE REFORM THAT MAY CHANGE LANDSCAPE AGAIN LOCAL IMPACT LOSS OF LOCAL JUSTICE AND OVERALL PERCEPTION OF LOCAL JUSTICE; LOSS OF LOCAL SERVICES AND IMPACT ON LOCAL ECONOMY OPPORTUNITY FOR MOBILE PROVISION TO IMPROVE LOCAL SERVICES

22 F

THEME COMMENTARY

PUBLIC SERVICE IS SCS ADMINISTERING A BUSINESS OR DELIVERING A PUBLIC SERVICE; DIFFERENT CONSIDERATIONS MANAGING DEMAND REDUCE DEMAND ON CURRENT SYSTEM – HERITAGE AND CONSUMER CASES COULD BE TAKEN OUT OF COURT SYSTEM MAKE SURE CURRENT SYSTEM IS OPERATING AS EFFICIENTLY AS POSSIBLE; HAVE BENEFITS OF PREVIOUS REFORMS BEEN FULLY REALISED? COMMUNICATIONS VITAL TO COMMUNICATE TO LOCAL COMMUNITIES ANY CHANGE IN SERVICE PROVISION

23 F SESSION 1 GOOD BAD NEW IDEAS OR MISSING COLOCATION OF SHERIFF AND JP COURTS CENTRALISATION AND CONSOLIDATION LEADS TO ICREASED REASONABILITY TEST NEEDS TO BE APPLIED COST FOR OTHERS . CREATES OPPORTUNITY TO IMPROVE SERVICE TRAVEL TIME AND COST FOR OTHERS AN DIMPACT ON CURRENT SYSTEM INEFFICIENCIES - WITNESSES , VICTIMS AND JURORS INTERMEDIATE DIETS? SPECIALISATION OR CENTRALISATION OF IMPACT ON POLICE TIME ATTENDING COURT BETTER ANALYSIS AND INCLUSIOSN OF OTHER SERVICES (HIGH COURT AND S&J) DEMAND EG: REFERRALS, CHILD WELFARE HEARINGS , FAI'S, EXECUTRY SERVICES ETC REDUCES COST INCREASE POTENTIAL FOR NON-ATTENDANCE OF ACCUSED , SCOPE FOR INCREASING REVENUE WITNESSES ETC LEADING TO INCREASED CHURN AND COST IMPROVES SPEED OVERCROWDING IN REMAING ESTATE : LACK OF INTERVIEW DEMONSTRATION OF IMAPCT ON LOCAL FACILITIES JUSTICE DISCUSSION TODAY GENERATES PAN-AGENCY ABSENCE OF IMPACT ON SUPPORT SERVICES AND MOVE SHERIFFS RATHER THAN BUSINESS DISCUSSION IN WIDER JUSTICE FAMILY VOLUNTARY SECTOR OVERALL COST OF CHANGE NOT ARTICULATED INTRODUCTION OF CIVIL CIRCUITS LOSS OF LOCAL JUSTICE AND VISIBILITY OF LOCAL JUSTICE BENEFITS OF ONS STOP SHOPS - LIVINGSTON MODEL IMAPCT ON LOCAL ECONOMY. EMBED RECENT REFORMS BEFORE MOVING FORWARD EG: DISCLOSURE LOSS OF LOCAL SERVICE ( UNDERSTANDING OF LOCAL REVIEW BOUDARIES AND CONSIDER PRISON DIALECTS) LOCATIONS LOSS OF INVESTEMENT IN SCS ESTATE IF BUILDING REVIEW ALLOCATION OF CASES RATHER THAN NOWCLOSED GEOGRAPHY ABILITY FOR IMMEDIATE ENFORCEMENT OF COMMUNITY SENTENCES POSSIBLE DUPLICATION OF SERVICE MORE CASCADING DOWN OF BUSINESS

24 F SESSION 2

CONCERNS OTHER OPTIONS AND IDEAS POLITICS : NEED FOR CLEAR COMMUNICATION LOCATE COURTS IN PRISONS TO MINIMISE PRISONER MOVEMENT PLAN LINKED TO DEMOGRAPHIC AND LEGISLATIVE CHANGE ECONOMIC IMPACT ON LOCAL COMMUNITIES MORE JOINED UP APPROACH TO JUSTICE SECURITY AND H&S CONCERNS : IN COURT AND CREATE JUSTICE CULTURE ON PUBLIC TRANSPORT RESTRUCTURE OVERKILL HARNESS NEW TECHNOLOGY CLOSURES MUST FUTURE PROOF OVERALL LEARN LESSONS FROM ELSEWHERE - SCANDINAVIA AND PRISON POULATION ETC EFFICIENCY ABSENCE OF IMAPCT ON OVERALL JUSTIC REVIEW CRIMINAL/CIVIL MIX OF BUSINESS ESYSTEM EG. LEGAL AID DOES SCS PROVIDE A BUSINESS OR A SERVICE? EXPLORE OPTIONS FOR DIVERSION INCLUDING MEDIATION CAPACITY OF REMAINING ESTATE TO HANDLE SHARE WITH OTHER AGENCIES IN LOCAL COMMUNITY AND CO-LOCATE WITH OTHER BUSINESS JUSTICE PARTNERS AS WELL AS HOUSING , SOCIAL SERVICES ETC BALANCING CENTRAL -V- LOCAL SERVICE INTRODUCE MORE PROACTIVE CASE MANAGEMENT DATA ON CONCRETE INFORMATION ON FUTURE CONSIDER MOBILE COURTS OR JUSTICE BUS FUNDING MAKE EXIXTING ARRANGEMENTS BETTER CHANGE SENTENCING POWERS LOSS OF LOCAL EXPERTISE IMAPCT ON LOCAL MEDIA

25 F DUMFRIES, 31 May 2012 OVERALL SUMMARY

CLUSTERED THEME COMMENTARY COSTS LOOK AT CURRENT SHERIFF COURTS TO IDENTIFY COSTS AND WHAT SAVINGS CAN BE MADE REDUCE DEMAND AND PRESSURE ON CURRENT SYSTEM USE BUILDING STOCK THAT IS AVAILABLE SPECIALISATION LOSS OF LOCAL JUSTICE/LOCAL INVOLVEMENT LOSS OF FLEXIBILITY AND EFFICIENCY FOUND IN THE LOCAL SMALLER COURT IS THERE CAPACITY WITHIN COURTS TO TAKE ADDITIONAL WORK? TECHNOLOGY HARNESS IT TO REDUCE DEMAND AND IMPROVE EFFICIENCY

SYSTEM REFORM NEED TO LOOK AT EXISTING PROCESSES AND PRACTICES TO IDENTIFY SAVINGS/INEFFICIENCIES/IMPROVEMENTS/WAYS TO REDUCE DEMAND AND PRESSURE ON EXISTING SYSTEM CONCERNS ABOUT UNDERLYING ASSUMPTIONS: REFORM AGENDA/COSTS

IMPACT ON DEMAND AND NEED FOR ROBUST CASE MANAGEMENT

NEED TO LEARN FROM EXPERIENCE AND FROM COMPARABLE JURISDICTIONS

CROSS AGENCY NEED TO CONSIDER OTHER (TRANSFERRED) COSTS

TRANSPORT/TRAVEL COST: TIME AND DETERRENT TO COURT ATTENDANCE IMPACT ON DISADVANTAGED GROUPS DISTANCES COULD RENDER LOCAL AREAS DEVOID OF LEGAL REPRESENTATION ENVIRONMENTAL ISSUES ASSOCIATED WITH MORE PEOPLE TRAVELLING

26 F SESSION 1 GOOD BAD NEW IDEAS OR MISSING OPPORTUNITY TO MAKE SAVINGS THE TWENTY MILE DISTANCE TEST: INCONSISTENCY COMPARE WITH COMPARABLE AND MODERNISE OUT OF DATE WITH JUDICIAL PRINCIPLES ON ACCESS TO JUSTICE SMALLER JURISDICTIONS SUCH AS FACILITIES AND PROCESSES AND COURT STARTING TIMES THOSE OF THE SCANDINAVIAN COUNTRIES POTENTIAL TO MAKE MORE USE SOME OF IDEAS WOULD HAVE DISPROPORTIONATE OF REMOTE SITES; IMPACT ON SOCIALLY DISADVANTAGED GROUPS HIGH COURT CENTRES ALLOW LOSS OF LOCAL JUSTICE PARTNER ORGANISATIONS TO FOCUS STAFF DEPLOYMENT HIGH COURT USUALLY REQUIRES CENTRALISATION OF SHERIFF AND JURY BUSINESS LEVEL OF SECURITY BEST WOULD DISTANCE LOCAL COMMUNITIES FROM PROVIDED THROUGH SPECIALISED PROCESS: LOSS OF LOCAL MEDIA REPORTING ESTATE LOSS OF LOCAL JURORS AND PARTICIPATION ; LOSS OF OPPORTUNITY FOR REFLECTING CONCERNS OF LOCAL COMMUNITIES IN THE SENTENCING PROCESS ANY OPPORTUNITY TO LOOK AT CENTRALISATION CONTRARY TO TREND TO RATIONALISATION IS POSITIVE RECOGNISE INTERESTS OF VICTIMS AND WITNESSES SPECIALISATION HAS MERITS, BUT CONCERN INSUFFICIENT CAPACITY TO CENTRALISE THERE ARE QUESTIONS AROUND BUSINESS; AYR AND DUMFRIES SIMILAR SIZED THE ECONOMIC COST AND COMMUNITIES; HAMILTON AND AIRDRIE ALREADY EFFICIENCY AT CAPACITY INCREASED OPPORTUNITY TO USE NEED TO TRAVEL LONG DISTANCES; VIDEO CONFERENCING, BUT BEING PUBLIC TRANSPORT NOT A REALISTIC OPTION; PHYSICALLY AT THE DOOR OF THE COURT STILL HAS A SIGNIFICANT EFFECT ON ACCUSED AND CIVIL LITIGANTS LOSS OF POLICE WITNESS STANDBY ARRANGEMENTS

27 F

GOOD BAD NEW IDEAS OR MISSING NOTHING TO DEMONSTRATE A COST SAVING IN CENTRALISATION OF SHERIFF AND JURY WORK IDEAS IN PAPER WOULD LEAVE THE SOUTH WEST WITHOUT A RESIDENT SHERIFF, REQUIRING DIFFICULT WORK SUCH AS ADOPTIONS TO BE HANDLED MANY MILES AWAY DANGER OTHER IDEAS LOST IF ONLY RECENT REVIEW PROPOSALS ARE CONSIDERED SPECIALISATION IN “DIFFICULT” WORK FAILS TO RECOGNISE THAT SUMMARY CAUSE WORK CAN GENERATE DIFFICULT QUESTIONS OF LAW IDEAS IN PAPER REFLECT THAT QUESTIONS HAVE BEEN LOOKED AT FROM SCS PERSPECTIVE; NEED TO CONSIDER ACCESSIBILITY FOR USERS INSUFFICIENT CAPACITY IN HAMILTON TO ABSORB LANARK’S WORK; LANARK IS EXAMPLE OF THE LOCAL COURT WHERE BUSINESS CAN BE HANDLED FLEXIBLY AND EFFICIENTLY OWING TO ROUTINE PRESENCE OF LOCAL SOLICITORS AND MIXED PROGRAMME OF WORK PUTTING BUSINESS INTO FEWER COURTS COULD CAUSE HEARING DATES FOR CHILDREN’S HEARINGS TO GO OUT; INCREASED TRAVEL DISTANCES FOR THIS AREA OF WORK ALSO A CONCERN LOCAL REMEDIES DO NOT WORK ON A LARGE SCALE

FAILURE TO RECOGNISE THAT PUBLIC SERVICES NEED TO DEAL WITH CONSTRAINTS IMPOSED BY THE GEOGRAPHY OF SCOTLAND

28 F

SESSION 2 CONCERNS OTHER OPTIONS AND IDEAS AREAS OF THE COUNTRY COULD BECOME INCREASE JURISDICTION OF STIPENDIARY MAGISTRATES REPRESENTATIONAL DESERTS IF LEGAL SERVICES MOVE AWAY DISCUSSION PAPER DOES NOT CONSIDER REVIEW WHETHER NUMBER OF CIVIL CALLINGS STILL NECESSARY; COULD CERTAIN MATTERS BE WIDER PUBLIC INTERESTS DEALT WITH ADMINISTRATIVELY, INCREASED ROLE FOR THE SHERIFF CLERK NO DISCUSSION OF MODIFICATION OF REVIEW OF PROSECUTION POLICY TO REDUCE DEMAND SHERIFFDOM BOUNDARIES; ALLOWING REFORMS TO OBSCURE NEED TO REVIEW CURRENT PROCESSES TO MAXIMISE OPPORTUNITY FOR PARTIES TO BE READY FOR LOOK AT THE SHERIFF COURTS AND IDENTIFY TRIAL WHERE THE CURRENT COSTS AND INEFFICIENCIES ARE AND HOW THESE MIGHT BE IMPROVED IMPACT OF ADDITIONAL TRAVELLING SEEK ADDITIONAL FUNDING THROUGH GREATER RETENTION OF FINES RECOVERED; PROPOSALS ON CARBON FOOTPRINT INTRODUCTION OF POWER TO AWARD EXPENSES AGAINST UNSUCCESSFUL PARTY IN CRIMINAL MATTERS LOSS OF EFFICIENCY IF THE WORKING GREATER JUDICIAL INVOLVEMENT IN THE MANAGEMENT OF CASES, ASSESSMENT OF RELATIONSHIPS THAT DEVELOPS BETWEEN READINESS AND EXPECTED DURATION AND ALLOCATION OF DIET. COURT OFFICIALS, SHERIFFS AND FACULTY IN LOCAL COURTS IS LOST AND EVERYONE IS PROGRESS OF A CASE TO BE SUPERVISED BY THE SAME SHERIFF THROUGHOUT ITS PASSAGE DEALING WITH A STRANGER AT A COURT SOME DISTANCE AWAY CONSIDER MEASURES TO EASE PRESSURE AND DEMAND IN CURRENT SYSTEM EG ON LINE PROCESSES EG DIVORCE; DEALING WITH MATTERS ELECTRONICALLY AND BY TELEPHONE; BULK PROCESSING FORM A CENTRAL LOCATION TO GAIN ECONOMY OF SCALE; LESS FORMAL JUDGMENTS; SANCTIONS FOR LATE SETTLEMENT IN COURT SUBMISSIONS TO BE TIME LIMITED SATURDAY COURTS ROLLING UP OF CRIMINAL CASES INCREASED USE OF IN COURT ADVISERS PARTICULARLY IN HERITAGE COURT REMOVAL OF SUMMARY CAUSE LITIGATION FROM THE SHERIFF COURTS CENTRALISATION OF COMMISSARY BUSINESS 29 F EDINBURGH, 1 June 2012

OVERALL SUMMARY

THEME COMMENTARY COSTS CONCERN THAT COST WILL BE TRANSFERRED TO OTHER PARTS OF THE SYSTEM AND TO THE USERS; NEED TO INCREASE SOURCES OF REVENUE – MAXIMISE USE OF BUILDING ASSETS

SPECIALISATION/CENTRALISATION LOSS OF PERCEPTION OF LOCAL JUSTICE; LOSS OF CIVIC PRIDE; LOSS TO LOCAL ECONOMY

LEARN FROM PREVIOUS CLOSURE PROJECTS EG PEEBLES

IMPACT ON MOST DISADVANTAGED MEMBERS OF COMMUNITY

NEED TO FUTURE PROOF DEMOGRAPHIC AND LEGISLATIVE PRESUMPTIONS SYSTEM REFORM LOOKING AT SYSTEM AS A WHOLE, SEEKING HOLISTIC SOLUTIONS, SEEN AS A POSITIVE APPROACH;

CONSIDER IMPROVEMENTS TO SCHEDULING AND COURT SITTING TIMES TO MAXIMISE EFFICIENCY WITHIN CURRENT SYSTEM

ONE SIZE DOES NOT FIT ALL; NEED TO LOOK FOR SOLUTIONS THAT MEET LOCAL NEEDS;

NEED TO LOOK AT MANAGING THE DEMAND AND WAYS TO REDUCE CASELOAD; INCREASE USE OF MEDIATION

LOOK AT HOW SYSTEM CAN BE JOINED UP MORE EFFECTIVELY

30 F

THEME COMMENTARY TECHNOLOGY AN OPPORTUNITY TO MAKE SIGNIFICANT IMPROVEMENTS AND EFFICIENCIES, BUT BEWARE UNINTENDED CONSEQUENCES AND NEED TO SQUARE WITH EVIDENCE RULES

LOOK FOR WAYS TO REDUCE DEMAND/CASELOAD

BETTER JOINING UP OF INITIATIVES

CROSS AGENCY WIDER CONSIDERATION OF SYSTEMS AND JUSTICE SYSTEMS ASSETS TO SEE HOW THEY CAN BE USED;

BENEFITS OF CO-LOCATION IN JUSTICE CENTRES TRANSPORT/TRAVEL CONCERN ABOUT INCREASED TRAVEL AND ASSOCIATED COST

PRACTICALITIES OF EFFECTIVE TRAVEL IN RURAL AREAS

CONCERN INCREASED TRAVEL COULD LEAD TO MORE CHURN AS PEOPLE DO NOT TURN UP

31 F

SESSION 1

GOOD BAD NEW IDEAS OR MISSING REDUCTION OF HIGH COURT REDUCTION IN SPREAD OF JURY BUSINESS MAY SPECIALIST COURTS COULD TRAVEL TO DELIVER CIRCUIT WOULD REDUCE AFFECT RIGHTS TO SERVE AS JUROR; REDUCED POOL JUSTICE LOCALLY DISRUPTION AND FREE UP CAPACITY AT THOSE LOCATIONS WHERE THERE ARE INSUFFICIENT FACILITIES TO ACCOMMODATE SOME MERIT IN CONSOLIDATION OF TRAVEL TIME AND ACCESS ISSUES IF SHERIFF AND HOW WOULD THREE HIGH COURT VENUES COPE SHERIFF AND JURY BUSINESS; JURY WORK CONSOLIDATED; HAVE CENTRE IN MOST WITH THE WORKLOAD; ARE CURRENT TIME LIMITS PROVIDE BETTER FACILITIES POPULOUS CENTRES TOO RESTRICTIVE FOR A PROGRAMME IN FEWER VENUES SPECIALISM IS A POSITIVE STEP BUT CLOSING COURTS FLIES IN THE FACE OF THE REFORM WHAT IS A REASONABLE TRAVELLING DISTANCE TO MUST BE ACCESSIBLE PROPOSED BY THE ANGIOLINI REPORT COURT

SOME MERIT IN FEWER BUILDINGS STATUS QUO IN THE REMOTE ISLANDS GOOD BUT NEED TO REDUCE COST IN CURRENT SYSTEM BUT ONLY WHERE THIS IMPROVES SAME ISSUES APPLY IN PARTS OF RURAL SCOTLAND; THROUGH BETTER CASE MANAGEMENT FACILITIES AND SECURITY FOR FAILURE IN PROPOSALS TO PROTECT RURAL COURT USERS, AND THERE IS SCOTLAND SUFFICIENT ACCOMMODATION TO DEAL EFFECTIVELY WITH THE TRANSFERRED BUSINESS OPPORTUNITY FOR CROSS AGENCY NO SHERIFF AND JURY CENTRE IN SCOTTISH RATHER THAN CENTRALISE USE INFORMATION AND INITIATIVES BORDERS COMMUNICATIONS TECHNOLOGY TO DELIVER SERVICES THROUGH LOCAL HUBS OPPORTUNITY TO MAKE BEST USE INCREASED COSTS OF TRAVEL; DISPROPORTIONATE THE CONVERSATION BEGUN BY THE EVENT SHOULD OF INFORMATION AND EFFECT ON THOSE WITH LOW INCOME BE CONTINUED COMMUNICATION TECHNOLOGY

32 F

GOOD BAD NEW IDEAS OR MISSING CENTRALISATION OFFERS POTENTIAL LOSS OF LOCAL KNOWLEDGE WHEN BUSINESS PORTABLE JUSTICE: MOVE ABOUT THE COUNTRY; TO IMPROVE EFFICIENCY, BUT CENTRALISED, EVEN IN SHERIFFDOM; DO THINGS DIFFERENTLY QUALITY MUST NOT BE LOST LOSS OF LOCAL CONNECTION WITH THE JUSTICE PROCESS OPPORTUNITY TO USE IT TO REDUCE IDEAS IN PAPER ARE JUST REFINEMENTS OF THE CROSS AGENCY WORKING IN JUSTICE CENTRES NEED FOR PERSONAL APPEARANCE CURRENT APPROACH TO DELIVERING COURT IN COURT SERVICES AND DOING BUSINESS PROPOSALS SEEM TO SUGGEST IN CONTEXT OF FINANCIAL ENVIRONMENT, PREMATURE TO LOOK AT STRUCTURAL CHANGES; MINIMUM REDUCTION OF STAFF CHANGES PROPOSED ARE NOT RADICAL ENOUGH; NEED FIRST TO MAKE IMPROVEMENTS AND THEY ARE MERELY MOVING THE DECKCHAIRS SAVINGS FROM INCREASED USE OF VIDEO AND IT LINKS NEED TO HAVE COURAGE OF URBAN MODEL OF COURT PROVISION DIFFERENT NEED TO LOOK HOLISTICALLY ACROSS JUSTICE FOR CONVICTIONS; NHS FROM RURAL COST SAVING CLOSURE/RATIONALISATION PROGRAMME CRITICISED, BUT THEY ARE GOING AHEAD NOT LOOKING AT SOLUTIONS FROM THE NEED TO MANAGE DEMAND FOR SERVICES; PERSPECTIVE OF THE PEOPLE SERVED BY THE INCREASE USE OF MEDIATION; MOVE AWAY FROM SYSTEM ADVERSARIAL CENTRALISATION/CLOSURE WOULD HAVE HUGE CAN ANY BUILDING BE A COURTHOUSE? IMPACT ON WITNESSES GETTING TO COURT COSTS BEING TRANSFERRED TO OTHER AGENCIES WHAT DOES INSUFFICIENT BUSINESS ACTUALLY AND TO THE COURT USERS; LEAD TO INCREASE IN MEAN; THERE ARE NO FIGURES LEGAL AID BUDGET; CANNOT LOOK AT THE SCS IN ISOLATION RURAL TRANSPORT LINKS INADEQUATE

REDUCTION OF NUMBER OF COURTS INCREASES POTENTIAL FOR CHURN AS PARTICIPANTS HAVE DIFFICULTY GETTING TO COURT

33 F GOOD BAD NEW IDEAS OR MISSING INCREASING THE DIFFICULTY OF TRAVELLING TO COURT COULD FUEL A RELUCTANCE TO PARTICIPATE IN THE JUSTICE SYSTEM. CAPACITY ISSUES WHEN TRANSFERRING BUSINESS INTO OTHER COURTS TO ALLOW CLOSURE/RATIONALISATION; HOW DO THESE RECEIVING COURTS COPE: NEED TO INCREASE COURT DAY; SIT ON SATURDAYS DIFFICULTIES FOR CRIMINAL JUSTICE SOCIAL WORK INVOLVEMENT WHEN ACCUSED LIVE DISTANT FROM THE COURT CENTRALISATION/CLOSURE WOULD LEAD IN TIME TO REDUCED AVAILABILITY OF LEGAL SERVICES LOCALLY

34 F SESSION 2

CONCERNS OTHER OPTIONS AND IDEAS SPECIALIST CENTRES WILL LEAD TO LOSS THIS IS AN OPPORTUNITY TO LOOK AT A WIDER REVIEW; BOUNDARIES CHANGES SHOULD BE OF SKILL AND KNOWLEDGE IN LOCAL CONSIDERED COURTS AND COMMUNITIES LOSS OF COURT WORK LOCALLY COULD SHERIFF AND JURY CASES COULD BE RISK ASSESSED SO THAT ONLY HIGH RISK CASES GO TO CENTRAL LEAD TO LEGAL PRACTICES MOVING OUT LOCATIONS; LOWER RISK CASES BEING HEARD IN THE LOCAL COURT OF COMMUNITIES RESTRICTING THOSE COMMUNITIES’ ACCESS TO LEGAL SERVICES GENERALLY DIFFICULTIES IN ACCESSING LEGAL PROPOSALS WILL HAVE TO BE SUBJECTED TO AN EQUALITY IMPACT ASSESSMENT ADVICE AND THE COURT COULD LEAD TO CITIZENS NOT PURSUING CASES; OR NOT BEING IN A POSITION TO DEFEND CLAIMS MADE AGAINST THEM CLOSING LOCAL COURTS COULD LEAD TO THERE NEEDS TO BE JOINED UP THINKING TO REDUCE THE BUSINESS COMING INTO THE SYSTEM AND A LOSS OF CONFIDENCE IN THE JUSTICE TO REDUCE THE IMPACT OF THE “CRIMINAL JUSTICE ROUNDABOUT” SYSTEM AMONG LOCAL COMMUNITIES

REDUCTION IN NUMBER OF COURT NEED TO TAKE ACCOUNT OF ASSESSMENTS OF FUTURE DEMOGRAPHIC POSITION VENUES REDUCES CAPACITY TO DEAL WITH INCREASES IN DEMAND IN THE FUTURE CONCERN AT PRACTICALITIES OF DO WE NEED JURORS INCREASING COURT DAY TO COPE WITH ADDITIONAL WORKLOAD IN RECEIVING COURTS; ADVERSE IMPACT OF SOLICITORS AND THOSE SUPPORTING THE JUSTICE PROCESS NO INFORMATION ON THE COSTS OF THE BETTER USE OF IT IN REAL TIME SCHEDULING AND MANAGEMENT OF CASES; PROPOSALS

35 F

CONCERNS OTHER OPTIONS AND IDEAS THE SOCIAL AND ECONOMIC COSTS SEPARATE CIVIL COURTS FROM CRIMINAL COURTS; SEPARATE FACILITIES NEED TO BE TAKEN INTO ACCOUNT HOW DO THE PROPOSED REFORMS SIT REVIEW PROCEDURES BEFORE START CLOSING COURT LOCATIONS; FIND OUT WHERE THE PROBLEMS WITH THE REFORMS OF THE POLICE, SPS, AND INEFFICIENCIES ARE IN THE CURRENT SYSTEM AND RESOLVE THOSE; DIVERT CASES AWAY; WHOLE SCRA AND COPFS SYSTEMS APPROACH; REVIEW OF COURT RULES PROPOSALS ASSUME THE REFORMS WILL CENTRAL PROCESSING OF CASES WITH LOCAL HEARINGS PASS THROUGH THE PARLIAMENTARY PROCESS WITHOUT BEING CHANGED JP COURT TO BE MORE OF A PROBLEM SOLVING COURT

MOBILE COURT FACILITY TO DELIVER CIVIL JUSTICE LOCALLY INCREASE REVENUE: UPGRADE CURRENT FEES; INTRODUCE FEES FOR SERVICES PRESENTLY GIVEN FREE; AND OPPORTUNITIES FOR SCS TO OPERATE MORE COMMERCIALLY NEED TO LEARN BEST PRACTICE FROM OTHER COMPARABLE JURISDICTIONS DECREASE USE OF PAPER; IMPROVE INTEGRATION OF CRIMINAL JUSTICE IT

36 F