SCOTTISH JUSTICE BULLETIN February 2014
Purpose
This bulletin is for justice leaders and staff. It describes current and planned Scottish Government and justice activities contributing towards delivering the justice outcomes set out in the Strategy for Justice in Scotland (2012).
Highlights
Key highlights in this Bulletin include: Criminal Justice (Scotland) Bill, Justice Committee Stage 1 report Lord Bonomy invited to lead reference group on safeguards alongside the abolition of corroboration. Summit announced on New Psychoactive Substances Changes announced to police and fire control rooms Courts Reform (Scotland) Bill introduced to Parliament. Interim Advisory Committee on Administrative Justice & Tribunals established New HM Inspector of Constabulary appointed New Lord Lyon appointed Justice Change: Focus on Building Safer Communities
We experience low levels of crime
Criminal Justice (Scotland) Bill The Criminal Justice (Scotland) Bill includes provisions to: Modernise the law around the arrest and questioning of suspects; improve the rights to legal advice for people in police custody and abolish the requirement for corroboration in criminal trials, all following from recommendations in a review by Lord Carloway (2012); Take forward recommendations from former Sheriff Principal Bowen’s Review of Sheriff and Jury Procedures in Scotland (2010); Establish a Police Negotiating Board for Scotland; and Progress various other measures to strengthen and clarify the criminal law, for example with reference to human trafficking, sentences for knife crime; etc.
The Justice Committee published on 6 February its Stage 1 report on the Criminal Justice (Scotland) Bill. Stage 2 will take place in the spring. A copy of the report is available at: http://www.scottish.parliament.uk/S4_JusticeCommittee/Reports/juR-14-03w.pdf
Lord Bonomy invited to lead Reference Group Alongside the publication of the Committee Stage 1 report on the Bill, Scottish Ministers confirmed that former High Court judge, Lord Bonomy, has agreed to lead a reference group to examine what additional safeguards and other changes to law and practice may be required when the requirement for corroboration is abolished. The reference group is expected to report in early 2015 and any proposed legislative changes will be brought before the Scottish Parliament during 2015, ahead of the implementation of provisions ending the requirement for corroboration. This would not delay the reform, which was always intended to be implemented in the Financial Year 2015/16.
1 Our institutions and processes are effective and efficient
Court Reform (Scotland) Bill introduced to Parliament The Court Reform (Scotland) Bill was introduced to the Scottish Parliament on 6 February 2014. The Bill is a package of interlocking measures to address unnecessary delays and disproportionate costs in the civil justice system, as highlighted by the Scottish Civil Courts Review (2009). The Bill is part of the Scottish Government’s Making Justice Work Programme. Key provisions in the bill include:
Increasing the threshold under which the sheriff court can deal with civil cases from £5,000 to £150,000 - freeing up the Court of Session to deal with the most challenging civil disputes; Creation of a new national personal injury sheriff court, with specialist sheriffs; Creation of a national Sheriff Appeal Court to deal with summary criminal appeals from sheriff and justice of the peace courts, and civil appeals from sheriff courts; Creation of a new judicial post – the summary sheriff - to resolve certain civil cases more swiftly and efficiently and deal with summary criminal cases; Plans for specialist sheriffs and specialist summary sheriffs in areas of law such as family, housing, personal injury and commercial law; New procedures for judicial review cases in the Court of Session and for appeals within the Court of Session and some appeals to the UK Supreme Court; and The merger of the Scottish Tribunals Service and the Scottish Courts Service.
Subject to Parliamentary scrutiny, it is expected that the Bill will complete the Parliamentary process by the end of this year and that implementation will begin from around mid-2015.
Tribunals (Scotland) Bill The Tribunals (Scotland) Bill includes provisions to establish a new, simplified statutory framework for devolved tribunals in Scotland, including a simple two-tier structure for tribunals; bringing tribunals under the judicial leadership of the Lord President; and establishing new independent appointment arrangements. The Justice Committee passed the Bill at Stage 2 on 4 February. Stage 3 will take place in March.
Interim Advisory Committee on Administrative Justice & Tribunals On 17 January 2014, Scottish Ministers announced the establishment of a new interim Advisory Committee on Administrative Justice & Tribunals, to provide expert scrutiny of the devolved administrative justice and tribunals system in Scotland. The Committee Chair is Marieke Dwarshuis, who has extensive experience in a variety of public and third sector roles, including as Director of Consumer Focus Scotland. She is a member of the Scottish Fire & Rescue Service Board. Marieke has selected 8 members for the committee with a wide range of experience representing users, advice and decision making and academia.
New Lord Lyon Appointed Dr Joseph Morrow has been appointed as the new Lord Lyon King of Arms with responsibility for the granting of armorial bearings and judicial rulings on who has the right to bear an existing coat of arms. The appointment was made by the Queen on the recommendation of the First Minister. He will take up office on 25 February 2014. Dr Morrow is an advocate with degrees in Theology and Law. His most recent roles have been as President of the Mental Health Tribunal for Scotland, Additional Support Needs Tribunal and First-tier Tribunal Judge dealing with asylum and immigration cases. Dr Morrow succeeds David Sellar MVO, FSAScot, FRHistS who has held the office of Lord Lyon since 2008.
2 Our people and communities support and respect each other, exercising both their rights and responsibilities
Marriage and Civil Partnership (Scotland) Bill Stage 3 of the Marriage and Civil Partnership (Scotland) Bill took place on 4 February 2014. MSPs voted 105 to 18 in favour of the Bill. Implementation work is expected to take around a year and will include Scottish Statutory Instruments and a Scotland Act Order at Westminster.
Rehabilitation of Offenders Dialogue The Scottish Government published a discussion paper on the current operation of the Rehabilitation of Offenders Act 1974 in August with the initial closing date for comments being 19 November 2013. The paper sought views on whether the current legislation is still fit for purpose. A series of consultative events were also held with ex-offenders, employers and professional groups. The Scottish Government is currently analysing the responses to the discussion paper and engagement events and will publish a report shortly. This analysis will be used to begin to formulate a policy response that meets Scottish needs and strikes the right balance between supporting the rehabilitation of offenders and ensuring continuing protection for the public, and for vulnerable groups in particular.
Victims and Witnesses (Scotland) Act 2014 Stage 3 of the Victims and Witnesses (Scotland) Bill took place on 12 December 2013 and the legislation received Royal Assent in January 2014. Work to implement what is now the Victims and Witnesses (Scotland) Act 2014 will proceed over the coming year, including the development of proposals for the new victims surcharge fund, to be paid for by offenders; restitution orders for offenders who assault police officers; enhanced victims’ rights to information and clear standards of service; the establishment of a National Confidential Forum for people accommodated in institutional care as children to recount their experiences, etc.
We are at a low risk of unintentional harm
Summit announced on New Psychoactive Substances: During a parliamentary debate on 6 February 2014, Minister for Community Safety, Roseanna Cunningham MSP, announced plans to hold a summit to discuss ways to crack down on the sale and supply of new psychoactive substances (so called ‘legal highs’). New information and advice materials will also be produced for the Scottish Government’s national drugs information and advice service, Know the Score, to help raise awareness about the dangers of NPS. New research on NPS will also be commissioned.
Our public services are fair and accessible
New HM Inspector of Constabulary Appointed On 27 January 2014, former Assistant Chief Constable Derek Penman was appointed to be Her Majesty’s Inspector of Constabulary (HMIC) in Scotland, responsible for leading the annual programme of inspection, monitoring and evaluation of the performance of Police Scotland and the Scottish Police Authority. The appointment is made by Royal Warrant for a period of 3 years and is independent of Government, police and SPA.
Changes to police and fire control rooms On 30 January 2014, the Scottish Police Authority approved plans put forward by Police Scotland to rationalise the Contact, Command and Control room (3C) structure across Scotland. The current legacy structure includes 10 control rooms and 9 service centres – this
3 will be restructured to a new 5 site model to be based in Govan, Motherwell, Bilston Glen, Dundee and Inverness. The changes will be implemented over the next 2 years.
Separately, following the conclusion of public consultation at the end of last year, Police Scotland has now confirmed changes to police front counter opening hours (including the closure of front counters in some areas) across Scotland. This will be implemented from 3 March 2014.
On 30 January 2014, the Scottish Fire and Rescue Service Board followed up their September decision to move from a model of 8 control rooms to 3 control rooms by announcing the future location of the final two future controls, with the changes, to be implemented over the next 3 years. Both Police Scotland and SFRS have indicated that, as well as reducing costs, the changes will improve the capacity and resilience of control rooms and services to communities.
Justice Change Programmes
Focus on Building Safer Communities
The Building Safer Communities Programme coordinates national and local partnership work to reduce crime and increase community safety in Scotland. The programme’s vision is of a flourishing optimistic Scotland in which resilient communities, families and individuals live safe from crime, disorder and danger.
The programme aims to significantly reduce the number of victims of crime and the number of people harmed by unintentional injuries. Using the Scottish Government’s Improvement Framework approach to drive delivery, the programme seeks to promote co-production of solutions with communities and ‘asset-based’ approaches.
The Programme is overseen by a Programme Board with senior representation from Scottish Government, Police Scotland, Scottish Fire and Rescue Service, SOLACE and a range of third sector organisations. An Advisory Group has been established to generate and test innovative new ideas and a large Learning Network meets regularly to share good practice.
There are five projects currently delivering the programme: Supporting Better Practice: helping community planning partnerships to deliver transformation change by improving partnership working; Promoting Community Assets: supporting local communities to harness their strengths to improve community safety and resilience; Improving Data Sharing: improving data sharing between agencies in order to reduce violence and harm; Delivering Education Initiatives: supporting young people to challenge social norms and behaviour that leads to violence and harm through education initiatives; and Building Robust Evidence: building on the evidence base of what works to increase community safety and resilience and facilitating knowledge exchange around successful practice.
Achievements
• Produced communications strategy, delivery begun At their second meeting on 19 November 2013 our Programme Board approved a Communications Strategy for the programme. This sets out our key messages and methods of communication and is available on request from [email protected].
4 We have just re-launched the programme website (www.buildingsafercommunities.co.uk), which is regularly updated and includes a great blog, and we have an active Twitter feed to extend our reach.
• Mobilised stakeholders with the first meeting of the Programme Advisory Group on 22 January Our Advisory Group, made up of expert practitioners from a range of public and third sector organisations, met to discuss the programme’s vision, values and the actions we need to take to deliver real change. There was strong support for the programme. You can find out more about the group on our website at www.buildingsafercommunities.co.uk/advisory-group and you can take our survey if you want to contribute your views at https://www.surveymonkey.com/s/7P9TRR2
• Produced a review of Total Place approaches in Scotland to share learning This review looks at the Total Place approaches being implemented in Edinburgh, Dundee and Aberdeen. It has been produced by our National Adviser Richard Whetton and will be published later in February. For more information contact [email protected]
Upcoming
• Publish comprehensive literature review of what works to reduce crime Scottish Government analysts have produced the most comprehensive review of the evidence of what works to reduce crime in Scotland. This sets out four key strategies that are proven to be effective at reducing crime. The review will be published in the coming weeks. For more information contact [email protected]
• No Knives Better Lives to be rolled out to all local authority areas Our youth engagement programme, which challenges young people’s attitudes to knife carrying and encourages them to make more positive life choices, is going to be rolled out from the 11 areas it currently operates in to all 32 local authority areas. The roll out will be from April with a launch event planned for May. Find out more at www.noknivesbetterlives.com
• Support Police Scotland to evaluate asset based approach in Gowkthrapple Police Scotland have been working closely with the community in Gowkthrapple, Wishaw, a residential estate within the 5% most deprived areas in Scotland. Community led action has had a massive impact in reducing crime and increasing people’s feelings of safety. Find out more by reading our blog at: http://www.buildingsafercommunities.co.uk/1/post/2013/11/an- inspiring-visit-to-gowkthrapple.html
You can find out more about the programme by visiting our website at www.buildingsafercommunities.co.uk (and follow us on Twitter @thebscprogramme. Our next Learning Network event will take place on 2 April in Edinburgh and you can register here: http://bscp.eventbrite.co.uk
Conclusion
Justice leaders are invited to note the information in this paper. Should further information be required on any areas please contact Justice Outcomes Unit.
Justice Outcomes Unit Justice Directorate, Scottish Government Telephone: 0131 244 3218 Email: [email protected]
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