Summary Justice Reform: Victims, Witnesses and Public Perceptions Evaluation

Footnotes

1. Sections 54 and 85 of the Criminal Justice and Licensing (Scotland) Act 2010 make provisions for statements to be made available to witnesses but this would not have been implemented or experienced by those interviewed at the time of the evaluation.

2. The Summary Justice Review Committee: Report to Ministers (2004) Scottish Executive, Edinburgh available at: http://scotland.gov.uk/Publications/2004/03/19042/34176

3. Smarter Justice, Safer Communities: Summary Justice Reform Next Steps (2005) Scottish Executive, Edinburgh available at: http://www.scotland.gov.uk/Resource/Doc/37428/0009568.pdf

4. Summary Justice Reform System Model (2007) Scottish Executive, Edinburgh available at: http://www.scotland.gov.uk/Publications/2007/09/06092618/6

5. ibid

6. Nicholson, L. (2003) Summary Justice Review: Public Views on Key Issues, Scottish Executive, Edinburgh available at: http://www.scotland.gov.uk/Resource/Doc/925/0008782.pdf

7. Report of the Summary Justice Review Committee: Supplementary Research Final Report (2005), mruk Research, The Scottish Executive, available at http://www.scotland.gov.uk/Resource/Doc/925/0016786.pdf

8. KPI data in fact shows that between 2006/07 and 2010/11 there was an increase in the percentage of cases pleading guilty at first calling from 19.8% to 33.8%.

9. Custody cases are those where a person who has been arrested is held in a police cell or on remand in prison ahead of trial or sentencing.

10. The sample was accessed via the Scottish Police Services Authority and so was skewed towards their employee profile, rather than representing the wider expert witness community.

11. Attempts to reduce police time in court as witnesses is also currently being addressed as part of the ACPOS led multi-agency national criminal justice efficiency 'Making Justice Work' programme within the 'Getting People to Court' project

12. This component of the research complemented other work being undertaken by the ACPOS led multi-agency national criminal justice efficiency project 'Getting People to Court' which is being managed under the Scottish Government's 'Making Justice Work' Programme. This project specifically explores factors affecting witness attendance at court and ways of improving attendance.

13. The accused could, however, have been released from court without bail conditions being set.

14. The Judiciary can also make provisions for compensation to be awarded by the court along with the Criminal Injuries Compensation Authority, a government organisation that can pay money (compensation) to people who have been physically or mentally injured because they were the blameless victim of a violent crime.

15. Given that most respondents had not heard of 'summary' criminal justice, these responses are more likely to refer to sources of knowledge about criminal justice per se.

16. See the Scottish Crime and Justice Survey reports, covering victimisation rates, at http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/Publications/publications and Recorded Crime in Scotland statistics at http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/PubRecordedCrime

17. An accused person can refuse to accept a police direct measure which will result in the case being reported to the Procurator Fiscal for consideration/appropriate disposal. Similarly, an accused can refuse a Fiscal direct measure and an alternative disposal could include the case being prosecuted in court. It is important to emphasise that accepting a direct measure does not mean acceptance of guilt or a criminal conviction on behalf of the accused.

18. Sections 54 and 85 of the Criminal Justice and Licensing (Scotland) Act 2010 make provisions for statements to be made available to witnesses but this would not have been implemented or experienced by those interviewed at the time of the evaluation.

19. Nicholson, L. (2003) Summary Justice Review: Public Views on Key Issues, Scottish Executive, Edinburgh available at: http://www.scotland.gov.uk/Resource/Doc/925/0008782.pdf