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EDITIONS
Wednesday, 11 December, 2002, 14:57 GMT
Judge calls for courts overhaul
Courtroom
The number of High Court cases has increased
Scotland's justice minister has promised "radical reforms" of the High Court system after a judge recommended a major overhaul.

The moves proposed by Lord Bonomy include the relaxing of strict rules which limit the length of time an accused person can be held in custody awaiting trial.

He also wants greater sentencing powers for sheriffs to relieve pressure on the High Court.

His report said there was a perception that the system was poorly organised and run without any regard to victims and witnesses.

The Law Society of Scotland said it welcomed any changes that improved the efficiency of courts.

The review follows mounting pressure on the courts system, which has seen a number of cases lost because they have run out of time.

The number of indictments heard by the High Courts has risen by 23% in the last six years.

Supreme Courts sign
Well-established practices should not be regarded as sacrosanct if they are now hampering the delivery of justice

Jim Wallace

This overcrowded system is being further clogged by a rising number of adjournments.

Where an accused is held in custody under what is known as "solemn procedure" (the system that deals with cases such as murder and rape), the trial must begin within 110 days.

This deadline puts pressure on prosecutors and forensic teams, and some cases have fallen as a result.

'Jewel in crown'

Lord Bonomy said that the 80-day rule, which covers the length of time before full charges must be brought, was "the real jewel in the crown" of the justice system.

He said that this limit should remain, and that the accused should continue to come to court for a preliminary hearing within 110 days.

However, he proposed extending the deadline for the start of the trial to 140 days.

Supreme Courts sign
The report calls for a number of changes
Lord Bonomy also recommened that the sentencing power of sheriff courts be extended to five years so that cases can be transferred away from the High Court.

These could include less serious drug trafficking cases, robberies and assaults.

And he said there should be a preliminary hearing for each case to ensure that they only come to court when they are ready.

He recommended that additional resources should be made available to allow the High Court to sit more frequently in Aberdeen and Dundee.

Legislative slot

The report also said that court facilities should be upgraded to make them more comfortable for witnesses and victims.

The Scottish Executive will consult on his recommendations over the next four months.

A potential legislative slot has been scheduled in the next parliament to introduce any changes.

Mr Wallace said: "It is clear to me that we must make changes to allow the High Court to operate more effectively.

Jim Wallace
Jim Wallace: "Fairly radical"
"One of the principle aims of these changes is to take more account of the needs of those who find themselves temporarily caught up in the criminal justice system.

"I am talking specifically about jurors, witnesses and victims who often find themselves messed about by trials being adjourned or postponed at short notice.

"Giving evidence in a serious case can be very traumatic and we must try and avoid having people working themselves up only to find the case doesn't go ahead."

Mr Wallace admitted that some of the reforms suggested by Lord Bonomy were "fairly radical".

But he stressed: "I am firmly of the view that we should not let this deter us.

Serious crime

"Well-established practices should not be regarded as sacrosanct if they are now hampering the delivery of justice."

He agreed that the 80-day rule was the real jewel in the crown of the current system.

"I would raise the question of whether it is just to allow a person accused of a very serious crime to walk free with what amounts to immunity from prosecution if the Crown fails to bring that person to trial within a certain time limit.

"I think not, and I believe we should look for a different sanction where a time limit is broken for whatever reason," he said.

 WATCH/LISTEN
 ON THIS STORY
Home affairs correspondent Reevel Alderson
"Scotland's senior law officer welcomed the proposals"
See also:

03 Nov 02 | Scotland
24 Jul 02 | Scotland
11 Mar 02 | Scotland
29 Jan 02 | Scotland
19 Nov 00 | Scotland
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