Summary Criminal Justice (Hansard, 15 July 1974)

§ Mr. William Ross

Fresh arrangements involving legislation are required for the disposal of summary criminal cases in Scotland at present dealt with by the burgh courts and the justice of the peace courts. Under local government reform these courts, being based on the burgh and the county as local government units, cease to exist on 16th May 1975.

The previous Government produced two sets of proposals, the first of which involved the setting up of new justices' courts, with justices on the bench and members of the sheriff clerk service as clerks of court. These proposals were criticised mainly on the grounds that they involved a non-legally qualified 52W bench advised by non-legally qualified clerks. The second set of proposals envisaged the absorption by the sheriff courts, with additional professional judges, of all the business of the present lay courts. They were not acceptable to those who would wish participation by lay men and women in the administration of justice in Scotland to continue. No legislation was introduced by the previous administration.

I have now had the opportunity to examine the whole matter in consultation with my right hon. and learned Friend the Lord Advocate. We have been impressed by the cogency of the arguments levelled against the two earlier sets of proposals and in particular we are convinced of the need to retain a lay element on the bench before which the less serious summary criminal cases are dealt with in Scotland. We also consider that a strong case has been made for lay judges on the bench to be served by legally qualified clerks of court. We have been made aware of the views of the present local authorities on the importance of the rôle played by elected members in the burgh courts. We also have had very much in mind the need to have a workable court system in operation when the burghs and counties go out of existence next year; this factor has precluded any extensive fresh examination of the most effective way of incorporating a lay element in the administration of justice in Scotland. We have concluded, therefore, that the best solution in the time available is to replace the burgh and justice of the peace courts by a court with the same powers and jurisdiction as these courts. We propose that the new courts, entitled district courts, will be administered by the new district authorities which will be responsible for providing them with clerks from their legally qualified staff.

For experienced laymen to sit in the courts in May 1975 we shall look to three sources, existing bailies and police judges, district councillors and justices of the peace. For this purpose, all bailies and police judges who were in office on 15th May 1975 will be appointed justices of the peace; district councils will be empowered to nominate one-third of their number to be ex officio justices. It is proposed that the court may be constituted by a single judge, as at present in the burgh court, or by two or more, as 53W in the justice of the peace court. Training schemes and courses will be provided for justices. Provision will be made for the appointment of stipendiary magistrates to the district courts where the district council thinks this desirable and the Secretary of State approves. Stipendiary magistrates will be given the powers of a sheriff sitting summarily, as is already the case in Glasgow.

The prosecutors in the district courts will be appointed by the district councils, but we intend to introduce a provision under which the Lord Advoate will, if practicable, assume the responsibility for prosecutions in these courts at some future stage, on a district-by-district basis. Legal aid will be available in the district courts. This is an important new provision since legal aid has not been available in present burgh courts and justice of the peace courts. The jurisdiction and powers of penalty in the district courts will be the same as those of the burgh and justice of the peace courts except that the present maximum power of fine in common law cases, set at £50 in 1963, will be raised to £100.

I propose to initate urgent consultations on these proposals as soon as possible with the local authorities and to introduce a Bill at the earliest opportunity.