Future of court structures

19th April 2013

Proposals from the Scottish Court Service to change the future structure of Scotland’s courts have been accepted by the Scottish Government.

Following careful consideration of the proposed changes set out by the Scottish Court Service on April 9, the Cabinet Secretary for Justice has today written to SCS Chief Executive, Eric McQueen, The Lord President, Lord Gill, and the chair of the Justice Committee to confirm that the Scottish Government has accepted the recommendations.

Mr MacAskill, who announced the Scottish Government’s decision via a Parliamentary Question, said:

“Having given full and careful consideration of the Scottish Court Service’s recommendations and examined the analysis on the potential impact of these proposals, I believe that given the financial constraints we are all working under, these changes are justified and are compatible with our wider justice reforms.

“Unfortunately, the fragmented and outdated court system we inherited – where many smaller courts are not fit for purpose and are under-used – is no longer sustainable. While the Scottish Court Service operates independently of the Scottish Government, it is not immune from the same financial pressures. And against the backdrop of unprecedented cuts to the Scottish budget from the Westminster Government, the SCS is seeking to save £4.5m from its revenue budget and £6.4m from its capital budget in the period 2011- 2012 to 2014-2015.

“By making its proposed court closures and other changes to the handling of court business, SCS estimate they can save £1m a year in running costs and £3m in maintenance costs, money which can be better spent on improving services and facilities at a smaller number of courts.

“Clearly, I appreciate and understand the concerns voiced by those who wish to retain their local court in their local high street. However, the volume of business carried out in the sheriff courts recommended for closure is around five per cent of the total business, which SCS is confident can be dealt with within a smaller number of better equipped courts. Indeed, the introduction of a new, secure live-link video-conferencing network in six northern courts and four other locations, due to be completed next month, will give criminal justice organisations the opportunity to use new technology for some cases, instead of participants having to travel to court.”

The Justice Secretary has now sent draft Orders to the Scottish Court Service and the Lord President which will enable the necessary legislative changes to be made in the Scottish Parliament to implement the proposed court closures. The Scottish Court Service will be required to consult with relevant key stakeholders on these Orders before deciding whether to formally consent. Once approved, the Orders will be laid in the Scottish Parliament where they will be considered by the Justice Committee.

The six northern courts where video-conferencing technology is being introduced are Aberdeen, Elgin, Inverness, Kirkwall, Lerwick and Stornoway. The other locations include prisons, Crown Office and Procurator Fiscal Services and other criminal justice partners.

Scottish Court Service Proposals
http://www.scotcourts.gov.uk/docs/default-source/scs-consultation-court-structures/response_to_the_consultation_and_recommendationspdf.pdf%20

Scottish Court Service Publishes Court Structure Proposals
Apr 09, 2013

The Scottish Court Service has today published its report and recommendations on ‘Shaping Scotland’s Court Services’ following its consideration of responses received from public consultation.

Introducing the report, the Lord President, Lord Gill says: “This report summarises the consultation responses. It also makes recommendations for future court provision guided by ‘Principles for Provision of Access to Justice’, agreed with the Lord President, Lord Justice Clerk and Sheriffs Principal in February 2012. I am confident that the proposals in this Report will contribute significantly to the success of the forthcoming civil justice reforms.

”SCS Chief Executive Eric McQueen explains:

“The Scottish legal system is about to embark on the most significant changes in well over a century. Civil and criminal justice will be reformed in the coming years following the recommendations arising from the reviews conducted by Lord Gill, Lord Carloway, Sheriff Principal Bowen and the current Victims and Witnesses Bill. These reviews are not simply about a redistribution of existing business, but have implications for how and where court services will be delivered in the future.

"At the same time, public sector funding is under severe pressure. By 2015 the court service running cost budget will reduce by 20% in real terms and the capital budget will reduce from £20m to £4m. There needs to be changes in the way we operate and deliver our services. We have already made substantial savings by reducing staff numbers, reducing sitting court days and streamlining our corporate services, but continuing with these types of cuts simply reduces our ability to deliver a quality court service.

"The recommendations we have made in this report include High Court cases being heard predominately in three dedicated centres, the closure of 10 sheriff courts, including nine co-located Justice of the Peace Courts, the closure of seven Justice of the Peace Courts and a move towards specialist jury centres over a longer 10 year period.

"These recommendations may sound stark but they are proportionate. The volume of business transacted in the sheriff courts recommended for closure is around 5% of the overall court business.

"Many of the responses to the consultation pointed to the extent of additional travel and inconvenience and we acknowledge this will be the case for some court users, while clarifying that the actual number of members of the public that this would affect is very small.

"Similarly concerns were raised about the capacity for other courts to accommodate transferred business and we are confident that more than enough capacity exists to deal with current and future volumes of business. We make it clear that there would be no sense, and no benefit for us, simply to overload courts to a level that was unmanageable.

"We believe that instead of investing in all our current buildings we must invest our energy and resources in making better use of technology including video links and online processes. Investment should be targeted to improve services and facilities for users in a smaller number of court buildings.”

Where we recommend court closures it will be for Scottish Ministers to consider and take statutory orders to the Scottish Parliament. The final decision on whether a court should close rests with the Scottish Parliament. Our recommendations will be submitted to Scottish Ministers today.

Recommendations made in the report relating to the future sitting of the High Court and Sheriff and Jury Courts will be a matter for the Lord President and each Sheriff Principal.

Notes for Editors

Shaping Scotland’s Court Services - response to the consultation and recommendations for a future court structure in Scotland
Shaping Scotland’s Court Services – An Analysis of Consultation Responses
No redundancies are planned, staff will be retained within the SCS.
A summary of recommendations follows:
Summary of Recommendations.

Those recommendations marked with an asterix are for Parliament to consider. All other decisions are for the Lord President and Sheriffs Principal to determine.

HIGH COURT

The High Court currently sits as a court of first instance in three dedicated centres in Edinburgh, Glasgow and Aberdeen as well as on ‘circuit’, where it can be based in Sheriff Courts in a number of cities and large towns in Scotland.

It is recommended that the High Court sits primarily in the three dedicated centres and any additional sitting capacity required should only be in designated sheriff courts namely Greenock, Paisley, Dumbarton, Livingston and Dunfermline. The Lord Justice General or the Lord Advocate can determine that the High Court be held in any other location if they consider that to be in the interest of justice.

Changes would be phased in and implemented by 31 March 2015.

CREATION OF A SHERIFF CENTRED MODEL FOR SHERIFF AND JURY BUSINESS

Currently all Sheriff Courts hear the same type and level of business. It is recommended that in the mainland jurisdictions, sheriff and jury business should routinely be held only in the following courts:
Aberdeen
Airdrie
Ayr
Dumbarton
Dundee
Dunfermline
Dumfries
Edinburgh
Falkirk
Glasgow
Hamilton
Inverness
Kilmarnock
Livingston
Paisley
Perth

This change would be progressively introduced over the next ten years and these centres would become centres of shrieval specialism or sheriff centred courts in the civil, administrative and miscellaneous jurisdiction of the sheriff. The changes and timing are dependent on the future deployment of sheriffs and proposed summary sheriffs, sufficient court capacity, the development of the use of video and other communications technology use in court proceedings.

Sheriff Courts at Lerwick, Kirkwall, Stornoway, Lochmaddy and Portree would continue to hear all sheriff court business.

*JUSTICE OF THE PEACE COURTS – TRANSFER OF BUSINESS

The report recommends that JP business from the following courts should transfer to a JP court sitting in the sheriff courthouse for the district with proposed changes to take place subject to Parliamentary approval by November 2013.

Business transferred to
Annan JP Court Dumfries JP Court
Irvine JP Court Kilmarnock JP Court
Motherwell JP Court Hamilton JP Court

The report also recommends that Cumbernauld JP Court business should transfer to Coatbridge JP court.

The report also recommends that JP courts at Portree, Stornoway and Wick should be disestablished with all summary criminal business heard in the local sheriff court. This proposal reflects the current arrangements in Kirkwall and Lerwick.

*CLOSURE OF SHERIFF AND JUSTICE OF THE PEACE COURTS WITH LOW VOLUME BUSINESS

The recommendation is that the following sheriff courts and justice of the peace courts should cease to be held and court buildings and accommodation in those places should be closed.

Business transferred to:
Dornoch Tain
Duns Jedburgh
Kirkcudbright Dumfries
Peebles Selkirk
Rothesay (Sheriff Court only) Greenock

Subject to Parliamentary approval the changes to Dornoch, Kirkcudbright and Rothesay will take place in November 2013, with the changes to Duns and Peebles taking place in January 2015.

*CLOSURE OF SHERIFF COURTS IN CLOSE PROXIMITY TO ANOTHER

The recommendation is that the following sheriff courts and justice of the peace courts should cease to be held and court buildings and accommodation in those places should be closed. Business from these courts should be transferred to neighbouring sheriff court districts as follows.
Business transferred to:
Arbroath Forfar
Cupar Dundee
Dingwall Inverness
Haddington Edinburgh
Stonehaven Aberdeen

Subject to Parliamentary approval the changes to Arbroath, Cupar and Stonehaven will take place in May 2014, with the changes to Haddington and Dingwall taking place in January 2015.