CPR 11 Justice 1 Committee Criminal Proceedings etc. (Reform) (Scotland) Bill Written submission from Robert Nisbet We refer to policy area 7 (part 4, Sections 54 – 64). Stipendiary Magistrates 1. The Background 1.1 Since at least the late nineteenth century, there have been Stipendiary Magistrates in the City of Glasgow. This has never been a minor judicial office but a part, albeit isolated, of the Scottish Judiciary. 1.2 The post is a judicial appointment and as such has always been ad vitam aut culpam like all other judicial appointments such as Sheriffs and High Court Judges. Tenure is for life or misdemeanour. As such, the post holders are full time professionals and legally qualified. Consequently it is a career long appointment. 2. Current Position 2.1 The four present Stipendiary Magistrates in Glasgow process a considerable percentage of the whole summary criminal business in Scotland. If the Stipendiary Magistrates cease to exist they will require to be replaced by at least four Sheriffs who command a salary double that of Stipendiaries. 2.2 The use of Stipendiaries in Glasgow has greatly increased the workflow of summary criminal justice in Glasgow, with a substantial financial saving to the Executive. 3. The Bill’s Proposals 3.1 In terms of 61(7), an appointment of a Stipendiary Magistrate is to be for a term of five years. 3.2 Firstly, no person of any reasonable calibre will sacrifice career prospects and relinquish all previous employment or business for short-term tenure at the whim of a Sheriff Principal. 3.3 Secondly, if these appointments are not career long, the independence of the office will be compromised. A Stipendiary who has to rely on appointment being renewed, cannot be truly independent. 3.4 Thirdly, if not re-appointed, the experience and knowledge built up over five years would be wasted. 1 CPR 11 3.5 Fourthly, Article 6 of the European Convention of Human Rights lays down that persons should be tried by an independent tribunal …. established by law. This Bill proposes that present post holders will lose their current appointment and on the next day be reduced to a short–term status. If this were passed into law what then would inhibit a future administration from reducing the term even further. This would appear entirely incompatible with Article 6. 3.6 On another level, the proposals appear to equate the proposed post holders with part-time Sheriffs or, alternatively, as a mere appendage to lay justice. Until now, Stipendiary Magistrates have been ex officio JPs only. As Justices of the Peace are not, legally qualified, the two posts are utterly incomparable. 3.7 Lastly, these proposals are in subtle contrast to the position in England and Wales, where relatively recently, the Stipendiary Magistrates were renamed District Judges (Magistrate Courts) and given a fuller and more significant national role in the hierarchy of the Judiciary. Consequently, it is our considered opinion that the post should remain a full time permanent appointment and given its proper place in the Scottish Judicial hierarchy. This would include prospects of promotion, to continue to attract high quality candidates from the ranks of solicitors and advocates. In view of the above, we would request that the Committee do not proceed with this flawed aspect of the Bill as it is presently drafted. JBC Nisbet, LL.B., N.P., J.P. Solicitor Stipendiary Magistrate City of Glasgow District Court. 5 April 2006 and for and on behalf of Robin Christie Robert Hamilton Josephine Maclean Stipendiary Magistrates. 2 .