Friday, June 28, 2013

Consultation on plans to merge Scottish Tribunals Service with Scottish Court Service published

A consultation on proposals to merge the Scottish Tribunals Service (STS) with the Scottish Court Service (SCS) has been published today.

The joint administration would be independent of Ministers and would provide support for both courts and tribunals led by a corporate body, chaired by the Lord President.

This would support the long-term independence of tribunals by putting their administration on the same footing as courts.

The consultation also asks for views on how best to preserve the unique character of both tribunals and courts in a joint organisation.

It follows the introduction of the Tribunals (Scotland) Bill to the Scottish Parliament in May.

Community Safety and Legal Affairs Minister Roseanna Cunningham said: “Tribunals are an integral part of Scotland’s legal landscape but have been established in an ad-hoc way over many years. That’s why we have developed a phased programme to strengthen our tribunals system, making it simpler and more user friendly, while retaining and protecting the independence and benefits of the current specialised tribunals.

“We have much to be proud of, and I want to build on this by setting- up a structure that puts users first and treats them fairly, timeously and with respect – no matter the nature of their dispute.

“In 2010, we created the Scottish Tribunals Service to provide administrative support for devolved tribunals. Last month, we introduced a Bill to the Scottish Parliament to set up a streamlined two-tier structure for devolved tribunals and a new office, the President of Scottish Tribunals, to protect the expertise of each jurisdiction and ensure business runs efficiently.

“The next step of this reform is to consider putting the administrative support of devolved tribunals on the same footing as courts, under the leadership of the Lord President, and I would welcome views on how best to do this.”

Further reading

Tuesday, June 25, 2013

Land Reform Review Group membership expanded

The Land Reform Review Group (LRRG) membership is being expanded in a move that will broaden the range of expertise within the Group as they begin phase two of the review.

The existing members, Chair Alison Elliot, Vice Chair John Watt and Ian Cooke, will be joined by Pip Tabor, who has extensive experience of rural-development in the South of Scotland. Robin Callander has been appointed as a Special Adviser to the group. Robin has a wide knowledge relating to land ownership and management throughout Scotland.

The LRRG’s Advisers group has also been brought back up to its full thirteen members with the appointment of Malcolm Combe, a lecturer at the Rural Law Research Group, University of Aberdeen.

Environment and Climate Change Minister, Paul Wheelhouse, said: “The Scottish Government is totally committed to land reform, which is why we set up the Land Reform Review Group. It is important to our future as a nation and to the future of our communities.

“I am pleased to announce the new appointments to the Land Reform Review Group. This additional expertise and capacity will greatly assist the Group as they begin phase two and develop recommendations for the final report.”

LRRG Chairperson, Dr. Alison Elliot said: ”These appointments strengthen the team considerably and I’m now looking forward to getting down to the detailed work of the next phase of the review.”

New member of the Group, Pip Tabor said: “I am delighted to be joining the LRRG and to be helping with the challenging task it has been given. I hope to be able to bring to the table some of the rural-development experience I have gained from working in Southern Scotland for the last 17 years. The land and the way we use it is fundamental  to all our lives, and the land reform debate is a fascinating one. I look forward to playing a role in the way the debate moves forward.”

The Group’s newly appointed Special Adviser, Robin Callander said: “Land reform in Scotland is a wide ranging and often complex topic. The Land Reform Review Group has a challenging remit to fulfil and I look forward to assisting the Group tackle the second phase of the work leading to its final report.”

New member of the LRRG’s Advisers group, Malcolm Combe said: “I am very happy to be able to accept the role of an adviser to the LRRG.  I have had a keen interest in Scots property law and land law reform since my days as an undergraduate law student.  I have already contributed to the work of the Group by way a response to the Call for Evidence and I now look forward to participating from within the Group’s advisory circle.”

Friday, June 21, 2013

Criminal Justice Bill published as MacAskill looks to abolish fair trial safeguards of corroboration

The Scottish Government has today published the Criminal Justice Bill, which intends to abolish the requirement of corroboration in criminal trials.

A raft of measures to ‘improve the criminal justice system’ have been outlined in the Criminal Justice (Scotland) Bill, published today.

The bill takes forward a range of proposals to modernise and improve efficiency within the criminal justice system, responding to reviews by Lord Carloway and Sheriff Principal Bowen. The bill includes provisions that will abolish the requirement for corroboration in criminal trials alongside increases to the jury majority required for a guilty verdict to two-thirds of jurors.

The bill also raises the maximum sentence for handling knives and other offensive weapons from four to five years. This comes on the back of Recorded Crime Figures from earlier this week which show that crimes of handling an offensive weapon are at a 27-year low, down 29 per cent since last year, a reduction of 60 per cent since 2006-07.

Other key measures contained in the bill are:

  • Modernising the law around arrest and questioning of suspects
  • Improving the right to legal advice for individuals taken into police custody
  • Introducing a statutory aggravation for human trafficking
  • Strengthening court powers to impose sentences on those who commit offences while on early release
  • Establishing a Police Negotiating Board for Scotland for the negotiation of police officer pay and conditions 

Also published today are responses and analysis to a consultation on whether additional safeguards would be needed if the requirement for corroboration is removed.

The consultation asked whether the not proven verdict should be abolished. We have taken on board views that now is not the right time to consider any further  change in the light of other significant reforms being proposed. However, we have agreed in principle with the Scottish Law Commission that a review of this verdict should be carried out by them in a future work programme.

Justice Secretary Kenny MacAskill said: “This week’s recorded crime figures show that crime in Scotland is at a 39-year-low. We want to build on this impressive downward trend by ensuring that we have a justice system that is efficient and streamlined and that is what this bill will do.

“Taken together, these reforms aim to strike a balance between strengthening the powers available to police and prosecutors, while protecting the rights of the accused.

“I have made clear a number of times that I believe that the requirement for corroboration should be abolished as it can represent a barrier to justice. It is an outdated rule which can deny victims the opportunity to see those responsible for serious crimes brought to justice.

“Removing the need for corroboration represents a move towards focusing on the quality of evidence rather than quantity.

“We continue to take a zero tolerance approach towards knife crime, and this week’s figures show this is paying off. There will be no let-up in our efforts to rid Scotland’s streets of knives, and increasing the sentencing powers available to prosecutors will provide them with a valuable additional tool.

“This bill is another step forward in the Government’s  Making Justice Work programme, which aims to create a justice system fit for to a  modern democratic society – one that contributes positively to a flourishing Scotland, helping to create an inclusive and respectful society in which all people and communities live in safety and security, where individual and collective rights are supported and where disputes are resolved fairly and quickly.”

Related information

Criminal Justice Bill Responses to the additional safeguards consultation Responses to the Sheriff and Jury consultation Consultation analysis for additional safeguards

Scottish Law Reporter supports the retention of corroboration, and has reported on the issue in previous coverage HERE

The full Carloway Review can be read online here: Carloway Review Report & Recommendations 2011 along with the Executive Summary and Lord Carloway's statement

Judges respond to public consultation on Carloway Report

On 3 July 2012, the Scottish Government launched a public consultation seeking views on how best to reform areas of Scottish criminal law and practice. This consultation was based on the recommendations set out in Lord Carloway’s Report on criminal procedure which was published in November 2011.

The Judges of the High Court of Justiciary, other than Lord Carloway, have now submitted their response available online here : Response by the Senators of the College of Justice to SG consultation : Reforming Scots Criminal Law & Practice  to proposals in the present consultation paper.  While their response provides support for the majority of the Carloway Review proposals, they unanimously agree that the rule of corroboration should not be abolished.

BBC News has reported further on the story, here :

High Court judges oppose abolition of corroboration

High Court judges have rejected proposals to abolish the centuries-old requirement for corroboration in Scottish criminal prosecutions.

Judge Lord Carloway, who carried out a review of Scots criminal law last year, said the rule ensuring all key evidence was backed by two sources was archaic.

He said it no longer had a place in a modern legal system.

But, in a consultation response, judges said corroboration provided a safeguard against miscarriages of justice.

The Senators of the College of Justice said removing the need for corroboration, which is unique to Scotland's legal system, would lead to "decreasing confidence in the legal system" and to lower conviction rates generally.

They said: "In our view, it is often difficult to assess the true facts on the basis only of the evidence of one witness. A witness may be credible and plausible, yet not be telling the truth (or the whole truth).

"The Scottish courts have on many occasions been grateful for the requirement of corroboration, which in our view provides a major safeguard against miscarriages of justice.

"One particularly anxious area is that of alleged sexual offences, where (without corroboration) the issue becomes one of the complainer's word against the accused's. Our concern is that the abolition of corroboration may result in miscarriages of justice."

The judges also expressed concern about police procedure if the corroboration requirement was removed.

"We are also concerned that the abolition of corroboration may result in less diligent police investigation pre-trial: knowing that corroboration is not required, there may be a relaxation in the search for supporting evidence (even though such may well exist)," they said.

"Furthermore the court or jury, faced with the dangers of one person's word against another's, may be reluctant to convict. In our experience, juries have always found corroborative evidence of great assistance.

"The current perception may be that the conviction rate in certain types of crime (for example, sexual offences) is low. It is our considered view that if corroboration were to be abolished, that would lead to decreasing confidence in the legal system, and to lower rates of conviction generally."

The judges were responding to a Scottish government consultation on the review.
'Medieval' thinking

In 2010, Lord Carloway was asked to lead a review of Scots law and practice in the wake of a high-profile human rights decision by the UK Supreme Court, on the Cadder case.

The Cadder ruling put an end to police being able to question suspects without the option of legal representation.

In his 400-page review, Lord Carloway said the requirement for evidence to be corroborated has lain at the heart of the criminal justice system "since time immemorial" but was based on "medieval" thinking.

His 76 recommendations looked at four areas: custody, investigation, evidence and appeals.

Judges supported the majority of the Carloway Review proposals but stopped short of agreeing with the abolition of corroboration.

They also said that if the requirement is removed, additional changes should be made to the criminal justice system.
'Additional safeguards'

Consideration may have to be given to changing the current requirement for a verdict of guilty from a minimum of eight jury members out of 15 to the type of majority required in England, of 10 out of a jury of 12, they said.

The judges added: "In our view, if the requirement of corroboration were to be abolished, it would reinforce the case for retaining the 'not proven' verdict to allow a jury a principled third option where they found it impossible to work out which of the complainer or the accused was telling the truth."

A Scottish government spokeswoman said: "The proposed abolition of the requirement for corroboration was recommended in an independent review by Lord Carloway. Lord Carloway's recommendations have been subject to a government consultation exercise.

"The consultation specifically sought views on whether any additional safeguards would be required as a result of removing the corroboration rule and we will carefully consider all responses."

Earlier this year, Lord Carloway was appointed the country's second top judge when he took up the role of Lord Justice Clerk.

Wednesday, June 19, 2013

Scottish Government compiled statistics show recorded crime in Scotland is at 39 year low

Recorded crime in Scotland is now at its lowest level since 1974 claims Kenny MacAskill. RECORDED CRIME in Scotland has fallen to a 39 year low, according to figures released by the Scottish Government today. In the past year alone, the number of crimes has fallen by 13 per cent, a drop of just over 41,000 in 2012-13 to 273,053.

Statistics published today also show violent crime fell by 21 per cent and crimes of handling offensive weapons are at a 27-year low.

However, the number of sexual offences recorded by police went up by five per cent. The figures also show a slight rise in the number of offences, which include driving and minor alcohol offences, of less than one per cent

The clear up rate for crimes increased last year and is now at its highest since 1976.

Commenting on the figures, Justice Secretary Kenny MacAskill said: “Today’s statistics show that Scotland’s communities are becoming safer places to live, with recorded crime falling for the sixth year in a row to its lowest level for 39 years.

“It is particularly encouraging to see violent crime dropping by 21 per cent last year and crimes of handling an offensive weapon down by 60 per cent since 2006-07. However, make no mistake, there will be no let-up in our efforts backed by record numbers of police officers – over 1,000 extra since 2007 – who are keeping communities safe and clearing up crimes more efficiently than ever before.

“We are continuing to work tirelessly to reduce knife crime and violence in Scotland, and believe education and prevention are key to tackling the root causes of violence. That’s why we are investing in the No Knives, Better Lives initiative – now in 11 areas across Scotland - and why we work with other key partners like the Violence Reduction Unit and Medics Against Violence. Together, we are working hard to change attitudes to violence and knife crime – making it clear that it is never acceptable. 

“We are also taking a robust approach to enforcement –sentences for carrying a knife in Scotland are the toughest in the UK and our prosecutors are taking a zero tolerance approach. Today’s figures show these united efforts to tackle knife crime are beginning to pay off, but there will be no complacency.
“While today’s overall statistics are encouraging, it is concerning to see that the number of sexual offences recorded by police have increased by five per cent. This may be down to increased reporting but the public should be assured that the Scottish Government, police and prosecutors take the investigation and prosecution of these traumatic crimes extremely seriously and are taking action to address them.

“At a Government level, we have strengthened the law around sex crimes by bringing in the Sexual Offences (Scotland) Act 2009. We are also giving £3.6 million funding to support victims of rape from 2012-15.  Just yesterday, I met with the Rape and Sexual Crime External Advisory Group which now operates across Police Scotland and works closely with police officers to help inform and improve rape investigations. Meanwhile, the Scottish Police Service has launched a new National Rape Taskforce to further improve the investigation of rape and other sexual crimes right across the country.”

Recorded Crime in Scotland 2012-2013

Scotland’s Chief Statistician today published Recorded Crime in Scotland, 2012-13. The publication presents statistics on crimes and offences recorded and cleared up by the eight Scottish police forces in 2012-13.

The figures show that the total number of crimes recorded by the police decreased by 13% between 2011-12 and 2012-13.  In 2012-13, the Scottish police recorded 273,053 crimes, 41,135 fewer crimes than in 2011-12.

The main findings are:

  • The number of Non-sexual crimes of violence recorded by the police decreased by 21% between 2011-12 and 2012-13, to a total of 7,530.
  • The number of Sexual offences increased by 5%, from 7,361 in 2011-12 to 7,693, in 2012-13.
  • The number of Crimes of dishonesty decreased by 12% to stand at 135,899 crimes, in 2012-13. 
  • Recorded crimes of Fire-raising, vandalism etc. decreased by 21% to total 59,479, in 2012-13.
  • Other recorded crimes (including Drug crimes and Crimes against public justice) decreased by 8% to total 62,452, in 2012-13.
  • The number of crimes of Handling an offensive weapon decreased from 5,631 in 2011-12 to 4,015 in 2012-13, a decrease of 29%.
  • In 2012-13, the police recorded 543,768 offences (which includes miscellaneous offences and motor vehicle offences), an increase of less than 1% from the number of offences recorded in 2011-12.
  • The clear-up rate for all recorded crimes in 2012-13 was 51%. This follows a four year period in which the clear up rate remained constant at 49%.
  • Clear up rates for all crime/offence groups increased in 2012-13 with the exception of Other crimes where the clear up remained constant at 98%. The clear up rate for Non--sexual crimes of violence increased by 4 percentage points from 75% in 2011-12 to 79% in 2012-13. In 2012-13, the clear up rates for Fire-raising, vandalism etc. (27%) and Miscellaneous offences (86%) each increased by 2 percentage points. The clear up rates for Sexual offences (68%) and Crimes of dishonesty (38%) each increased by 1 percentage point in 2012-13.
  • The Sexual Offences (Scotland) Act 2009 came into force on 1 December 2010. The Act updated previous law in Scotland surrounding rape and other sexual offences, particularly the gender specific nature of the common law offence of rape.  The resulting changes have affected the Recorded Crime statistics in terms of classification of offences and the number of offences recorded.
  • The new legislation applies to offences committed from 1 December 2010. Any offences committed prior to this date are recorded using the previous legislation. Any Sexual offence which occurred prior to 1 December 2010 is recorded in line with the appropriate legislation in place at that time. If the conduct occurred both prior to and after 1 December 2010 the appropriate offences under the old and new legislation are recorded. Caution should therefore be taken when comparing Sexual offences with previous years.

1. Recorded Crime in Scotland 2012-13

2. Contraventions of Scottish criminal law are divided for statistical purposes into crimes and offences. “Crime" is generally used for the more serious criminal acts; the less serious termed "offences", although the term "offence" may also be used in relation to serious breaches of criminal law. The distinction is made only for working purposes and the "seriousness" of the offence is generally related to the maximum sentence that can be imposed.

3. For more information on the impact of the Sexual Offences (Scotland) Act 2009, please see Note 3.7 in the bulletin: 
http://www.scotland.gov.uk/stats/bulletins/01039

4. The statistics set out in the statistical bulletin are for the year immediately preceding the establishment of the Police Service of Scotland. Information on Police Reform and the Police and Fire Reform (Scotland) Act 2012, as well as the Police Service of Scotland, is available via the following links.

Police Reform:
http://www.scotland.gov.uk/Topics/Justice/public-safety/Police/ConsultationFuturePolicin

Police Service of Scotland:
http://www.scotland.gov.uk/Topics/Justice/public-safety/Police/PoliceServiceofScotland

5. Further information on Crime and Justice statistics within Scotland can be accessed at:
http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice

6. Official statistics are produced by professionally independent statistical staff – more information on the standards of official statistics in Scotland can be accessed at:
http://www.scotland.gov.uk/Topics/Statistics/About

Monday, June 10, 2013

Scottish Government give £3million to tackle sectarianism blight in communities

A range of projects aimed at tackling sectarianism in communities across Scotland were today given funding totalling more than £3 million.

The funding has been allocated following a robust assessment process supported by the independent expert group set up to look at sectarian issues in Scotland.

A Small Grants Fund has also been established to distribute £350,000 over the next two years to small scale and one-off projects in areas across Scotland.

A total of 18 organisations will receive funding include the Conforti Institute, Sense Over Sectarianism, Place for Hope and the Scottish Book Trust.

The Advisory Group on Tackling Sectarianism in Scotland was established in August 2012 and tasked with a range of work to inform policy on sectarianism. It has now had its work extended until September this year, after which it will present its final report to ministers. Part of the work of the group is about building a better evidence base to give Ministers robust and informed advice on the nature, extent and impact of sectarianism in Scotland.

Minister for Community Safety Roseanna Cunningham said: “We are determined to create a Scotland which is not weighed down by the prejudices of the past.

“Today’s announcement backs up our commitment to a community-based approach to tackling sectarianism. We believe that the direct involvement of communities is central to making our communities safer places to live.

“It is significant that for the first time that decisions about who should receive funding have been informed by the Advisory Group on Tackling Sectarianism in Scotland, which has helped to set clear criteria and outcomes which all projects will need to meet to be eligible for funding.

“The group evaluated all of the projects which were funded last year to give us clear and decisive advice on the way forward.

“That advice told us that we needed to build on the community-based work delivered last year, and make sure that all of our new projects will clearly deliver change for the communities they are working with.

“Funding community projects is part of a long-term strategy to deliver a fundamental culture shift within Scottish society to ensure sectarianism does not form the basis for any way of thinking or working.”

In 2012/13, the Scottish Government funded 37 projects across the country which engaged 13,000 children and young people and 2,000 adults in work to tackle sectarianism.

Ms Cunningham made the funding announcement at a visit to meet representatives from a range of organisations which have been awarded funding. 

All of the projects that received funding will be subject to robust monitoring procedures to ensure that their work is on track, and robust evaluation to measure the impact that their project has had, and the difference that it has made in communities.

Dr Duncan Morrow, chair of the Advisory Group, said: “It is good to see that the advice of the Advisory Group on Tackling Sectarianism in Scotland is being turned into action.  The 18 projects being announced today are a positive first step in the right direction, and one that will help to improve the lives of many communities across Scotland.  Tackling sectarianism is a long-term process and I fully recognise that there is still much to be done.  As a group we look forward to engaging with these projects – and with those in future funding rounds – to look at the impact they are having and how we can build on this as part of a long term approach to tackling the root causes of sectarianism in Scotland.”

List of projects receiving funding

Brora Learning Centre – High Life Highland: £160,392

Enabling communities in rural Highlands to engage on the issue of sectarianism, creatively and sustainably.

Central Scotland Regional Equality Council (CSREC): £99,851

Raising awareness, supporting community to develop interventions.

Community Links – South Lanarkshire: £134,357

Exploring sectarianism online and the Larkhall community,  providing information and education for social media users and engaging adults in community learning.

The Conforti Institute: £205,856

Deliver work with the Catholic community and joint activity with agencies from other Christian religions.

Deaf Connections: £98,170

Creating a holistic service for deaf people in Glasgow and the West of Scotland.

Glasgow Women’s Library: £138,943

Exploring and documenting sectarianism as it affects Scottish women – support women in developing the confidence to tackle sectarianism.

Inverclyde Community Development Trust: £119,188

Tackling sectarianism in through creative projects, partnership working, intergenerational work dialogue.

North Glasgow Football Development Group (NGFDG): £58,252

Work with the local North West Glasgow community and local agencies to implement an education and sporting anti-sectarian programme for P5-P7 – S1-S2 and 16-24 year olds.

Parkhead Youth Project (PYP): £91,245

Street work and peer education with young people.

Place for Hope: £208,406

Helping communities tackle sectarianism through dialogue.

Sacro: £195,500

Behavioural and attitudinal change programme in relation to sectarianism offences.

Scottish Books Trust: £152,190

Engaging participants with literacy needs – increasing understanding of sectarianism, improving reading ability, confidence and communication skills.

Scottish Marriage Care: £274,273

Delivering group work to young parents and prospective young parents to raise the awareness of sectarian behaviour within families and communities.

Sense Over Sectarianism (SOS): £421,397

Supporting communities to challenge and change the attitudes, values and behaviours that perpetuate sectarianism and create divisions

Shotts Healthy Living: £54,434

Raising awareness, building relationships of different sections and age groups to develop a sense of togetherness.

West of Scotland Regional Equality Council (WSREC): £108,000

Understanding how the family influences sectarian attitudes and behaviours across generations.

Yip world: £50,783

Exploring how historical beliefs that can lead to discrimination, prejudice and animosity.

Youth Scotland: £136,768

Tackling sectarianism through peer education.

Total: £2,681,005

In addition to the projects announced above, a small grants programme of £350,000 was announced to support small scale and one off projects in local communities.  Further information about the programme will be available on the Voluntary Action Fund website shortly: www.voluntaryactionfund.org.uk

Sunday, June 09, 2013

Transparency scandal as Scotland’s top judge threatens to withdraw judicial cooperation with Scottish Parliament over calls for judges to publish register of hidden interests

Lord Brian Gill : Too much transparency may end  judges involvement with Holyrood. CALLS FOR TRANSPARENCY in Scotland’s Judiciary have provoked Lord Brian Gill, Scotland’s top judge to issue a veiled threat to block any further cooperation from the judiciary with the Scottish Parliament after MSPs twice asked the Lord President to show up to give evidence on a proposal to create a compulsory register of interests for Scotland’s judiciary.

Responding to MSPs on Holyrood’s Public Petitions Committee who are considering Petition PE1458: Register of Interests for members of Scotland's judiciary, Lord Gill said : “Judicial participation in the work of the committees must however be kept within prudent limits” and went on to state it was up to Lord Gill as the Lord President to decide whether any appearance by a judge in front of MSPs may compromise the independence of the judiciary.

The top judge’s threat to withdraw help or cooperation from the judiciary on legislation including personal appearances by judges at Holyrood comes as a scandal involving multiple failures by the judiciary to declare conflicts of interest, financial deals & wealth, hospitality, paid outside work, links to law firms and even criminal convictions engulfs Scotland’s entire judicial system.

The Scottish Parliament are yet to respond to Lord Gill’s veiled threats to restrict or block all cooperation from the judiciary in future legislation, however critics of Scotland’s closed shop judiciary have urged the Scottish Parliament to move ahead of the obstructive judge and legislate for a compulsory register of judicial interests encompassing financial and other interests of Scotland’s judges.

Lord Gill’s letter to the Convener of the Public Petitions Committee :

PUBLIC PETITION PE1458

Thank you for your letter of 18 April 2013. I regret that I again have to decline your committee's invitation to appear before it. I do so for reasons of constitutional principle. I intend no discourtesy to your committee.

Judges have from time to time given evidence to committees of the Scottish Parliament on matters that affect the administration of justice in Scotland. I hope that that has been helpful in the legislative process. Judicial participation in the work of the committees must however be kept within prudent limits.

Section 23(7) of the Scotland Act provides inter alia that the Parliament may not require a judge to attend its proceedings for the purposes of giving evidence. This is not a loophole. It is a necessary part of the constitutional settlement by which the Parliament is established. Its purpose is to protect the independence of the judiciary, a vital constitutional principle that is declared in section 1 of the Judiciary and Courts (Scotland) Act 2008.

When a committee invites a judge to give evidence before it, I have to decide whether the subject matter might infringe the principle of judicial independence; and whether the evidence required could be satisfactorily given in writing.

In my correspondence with you I have set out carefully why I believe that a register of interests for the judiciary is both unnecessary and unworkable. I have directed you to an independent scrutiny of the judiciary in the United Kingdom that has on two occasions considered and rejected the need for such a register. I have also directed you to the decision of the United Kingdom Government to accept that finding, and to the decision of the United Kingdom Supreme Court not to create a register. That I think, is as much useful evidence as I am in a position to give on the subject; but if there is any further information that you feel would be relevant and helpful to the committee, please let me know and I will consider the matter further.

In your letter you have asked whether any central record has been kept of failures by judges to recuse themselves. The Lord President has been responsible for matters concerning the conduct of judicial office holders since April 2010. During that period there has been no case in which a judge has been found guilty of misconduct for a failure to recuse.

If you would find it helpful I would be pleased to meet with you to discuss the constitutional implications of the Committee's invitation.

Scottish Law Reporter has previously reported on a story which revealed several of Scotland’s judges are actually convicted criminals, one of whom was even convicted of cheating the benefits system : ONE OF OUR JUDGES IS A BENEFITS CHEAT– reveals investigation into undeclared criminal habits, tax dodging & secret fiddles of Scottish judiciary

Wednesday, June 05, 2013

Scottish Government figures claim Police numbers are at all time high

Lots of cops, lots of perks as MacAskill says Police numbers at all-time high. The number of police officers in Scotland  is at an all-time high, figures have revealed today.

The latest quarterly strength statistics show that there were 17,496 police officers on March 31, 2013, an increase of 7.8 per cent or 1,262 officers since March 31, 2007.

Commenting on the figures, Justice Secretary Kenny MacAskill said:“This Government is continuing to deliver on our commitment to put 1,000 additional police officers in communities and police numbers in Scotland are now at a record high.

“This visible police presence has contributed to reducing the recorded crime rate to its lowest level for 37 years.

“We have pledged to protect police posts and frontline police services, and although the numbers above the target will fluctuate over time, we will keep our 1,000 extra police officer promise.

“This is in direct contrast to the picture in England and Wales where police numbers have fallen to their lowest level since 2002 and are expected to drop by 16,000 in total.

“A new era of policing came into being on April 1 and the first officers employed by Police Scotland have been counted in the bulletin. I know Police Scotland and the Scottish Police Authority will continue to deliver excellent policing and build on the high public confidence communities have in our police service in Scotland."

Police officer quarterly strength statistics :

Scotland’s Chief Statistician today published statistics on Police Officer Quarterly Strength, which gives the number of full-time equivalent police officers employed by the eight Scottish police forces, Scottish Crime and Drug Enforcement Agency and the Scottish Police Services Authority. 
The key findings of the statistics are:

  1. There were 17,496 full-time equivalent (FTE) police officers in Scotland on 31 March 2013.
  2. This is an increase of 1,262 FTE police officers (+7.8%) from the 16,234 police officers recorded at 31 March 2007.
  3. Police officer numbers have increase by 60 FTE officers in the last quarter from 31 December 2013 (+0.3%), and have increased by 60 FTE officers in the last year from 31 March 2012 (+0.3%).

These will be the last statistics reflecting the previous policing structures. The Police Service of Scotland and Scottish Police Authority went live on April 1 2013, replacing the previous 10 policing organisations in Scotland.
Official statistics are produced by professionally independent statistical staff.

1. The full statistical publication can be accessed here.

2. The first publication of police quarterly strength statistics as Official Statistics was on 2 December 2008. Prior to this publication, figures were collated by the Scottish Government and released through responses to Parliamentary Questions and by depositing the figures in the Scottish Parliamentary Library.

3. Further information on Crime and Justice statistics within Scotland can be accessed here.

4. Official statistics are produced by professionally independent statistical staff – more information on the standards of official statistics in Scotland can be accessed here.

Monday, June 03, 2013

Solicitors plan to hold protest against court closures Tuesday, June 4, 11am at Scottish Parliament as Justice Secretary faces Justice Committee

court of sessionCourt of Session could become a empty court say critics. Scottish Solicitors are organising a demonstration at the Scottish Parliament tomorrow, Tuesday 4 June at 11am, to protest at the planned closure of 10 local sheriff courts.

The protest is planned to coincide with the arrival of Justice Secretary Kenny MacAskill at Holyrood, where the Justice Secretary is due to be quizzed by MSPs on the Justice Committee over the proposals.

East Lothian solicitors Angela Craig and Louise Reynolds are objecting in particular to the closure of Haddington Sheriff Court, but are calling on solicitors across Scotland to join them tomorrow at the Scottish Parliament in a joint show of force against Kenny MacAskill’s plans to streamline the old duffer run courts system and make it more efficient.

As well as Haddington, the courts at Selkirk, Duns, Cupar, Arbroath, Stonehaven, Dingwall, Dornoch, Rothesay and Kirkcudbright are due to close, as are seven other justice of the peace courts.

Solicitors fear the closures, along with a planned transfer of the majority of cases currently heard in the Court of Session to the sheriff court, will result in an overload of work in the sheriff courts and long delays in cases, but the Scottish Court Service insist the system can cope with the changes.

There are also objections to the loss of local justice and the effect on parties and witnesses who have to travel longer distances.

A Facebook page "Save Haddington Sheriff Court" has been set up, available HERE

If anyone takes pictures of the protest, send them into us at scottishlawreporter@gmail.com