Tag: Justice Committee

No silver bullet to clear courts backlog, Committee warns

MSPs on Holyrood’s Justice Committee have called for a ‘basket of measures’ to help clear the backlog in Scotland’s courts exacerbated by the Coronavirus pandemic, acknowledging that some of these may be unpalatable, but necessary.

Members of the Committee have been looking at the impact of Covid-19 on the justice system, with delays caused by the halting of most criminal court business during the height of the pandemic one of the most concerning issues.

The Committee heard that while delays to criminal cases was a problem before the pandemic, just to get back to that level of backlog would take eight to 10 years if nothing is done to increase or speed up court business.

While the Scottish Government and the Scottish Courts and Tribunals Service have taken forward some proposals, such as setting up ‘remote jury centres’ in cinemas to allow juries to socially distance while participating in trials, the Committee is calling for:

– The Scottish Government to urgently convene a round-table discussion with representatives of affected groups to discuss and agree a way forward for both criminal and civil systems;

– For these discussions to include proposals for more remote jury centres; remote jury empanelling; and more digital technology – for example recording evidence from specialist witnesses;

– For consideration to be given in these discussions to sentence discounts for early pleas; and, in the short-term, extended court sitting hours;

– The Cabinet Secretary for Justice to ensure that sufficient funding is in place to resource and staff any changes without adverse or unforeseen consequences.

This would follow on from a previous roundtable held in April 2020 which agreed interim measures for court business.

At that meeting, some options previously considered, such as trials without juries, were discounted by those present. This is a conclusion the Committee agreed is beyond the pale, as it would be too fundamental a change to make to Scotland’s justice system.

Speaking as the report was launched, Justice Committee Convener, Adam Tomkins MSP, said: “The scale of the challenge faced by our courts is not to be underestimated.

“Current delays are not acceptable for the victims, witnesses or the accused of crimes.

“While that point may not be controversial, we need to ensure changes to improve the situation, whether long or short-term, have the widest possible backing.

“To that end, we want the Scottish Government to convene a meeting of all interested parties to agree a way forward. Time is of the essence.

“By following the collaborative approach taken in the early days of the pandemic, and by being open and transparent with thinking, we can have a grown-up conversation about the pros and cons of the options available.

“The Committee hopes that this would help those responsible for the day-to-day operation of the courts and those responsible for the system to coalesce around a common way forward and agree upon necessary actions.

“Although the problems are at their worst in the criminal courts, there is still a mismatch in our civil courts, which are largely functioning, and other services linked to them, such as family contact centres, which are at best partially open.”

Justice Committee stresses new laws on family breakdowns must be properly funded

The Scottish Parliament’s Justice Committee is backing Scottish Government plans to change the law on deciding parent-child contact in family breakdown cases – but warns that it may make little practical difference to the lives of children unless it is properly resourced.

The Children (Scotland) Bill was introduced by the Scottish Government in order to ensure the voices of all children (in particular those under 12) are heard in family law cases, give further protections to the victims of domestic abuse in such legal disputes, and to change a range of rules around how family breakdowns are handled by authorities, from contact centres to the legal profession.

The Committee supports these aims but has suggested a number of potential areas in which the Bill could be improved to support taking children’s views into account. These would go beyond simply removing from the statute books the current arbitrary presumption that 12 years old is the point at which a child can express their opinion.

Importantly, the infrastructure to take children’s views needs to be strengthened. Specific skills and more creative methods are crucial, particularly when dealing with younger children. And if this law is to have a positive impact, then appropriate facilities and practitioners need to be in place across Scotland to ensure that all children who wish to express their views can do so.

Speaking as the Committee’s report was published, Justice Committee Convener, Margaret Mitchell MSP, said: “The Committee is persuaded that children’s interests are best served when they are afforded the opportunity to make their views and feelings known to authorities deciding upon their future family situation.

While members are backing the Bill at this stage they are acutely aware that the law on paper will not change the reality for children and families unless it is properly resourced, and practices change. At present, the Committee has concerns around the lack of resources accompanying the Bill, and the facilities we currently have in Scotland. Unless these change, the new law may make little practical difference to the lives of families.

“Of course, any implementation of these changes may have to wait until the current response to the Covid-19 outbreak has passed, but we look forward to working with the Government to strengthen the Bill in the months ahead to ensure its laudable aims can be met in reality.”

MSPs call for improved mental health provision in secure care and young offenders’ facilities

MSPs on the Scottish Parliament’s Justice Committee are calling for better mental health support for young people ordered into either secure care or a young offenders’ institution (YOI).

The Committee is calling for assessments of a young person’s needs to be made within the first days of their incarceration, and consistent, high-quality physical, educational and mental health support to be provided thereafter. Continue reading MSPs call for improved mental health provision in secure care and young offenders’ facilities

Justice Committee questions use of remand in Scotland

Holyrood’s Justice Committee has found that the proportion of remand prisoners in Scotland is high. This is particularly true amongst female prisoners, where remand prisoners account for almost a quarter of the total female prison population. Continue reading Justice Committee questions use of remand in Scotland