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Scott Law · Joined: 06 Nov 2007 Posts: 36

Figures reveal court reforms for speedier justice are falling short

court reforms intended to bring about speedier and more effective justice are not being used as much as had been expected, a senior lawyer said yesterday.

Statistics on the impact of new summary justice legislation were made public by Frank Mulholland, Solicitor General for Scotland.

However he said "uninformed criticism and comment" by some lawyers and MSPs risked damaging public confidence. Legislation passed last year was meant to make the justice system speedier by extending the use of "direct measures" like fiscal fines, or making compensation payments.

Mr Mulholland dismissed claims that summary court prosecutions had been reduced by up to 75 per cent and insisted since the reforms were introduced there had been a fall in prosecutions of 13 per cent.

1 2Right,On Location 11/07/2008 02:30:43
And what about the Disclosure of police evidence and statements still being withheld from defence teams Mr Mulholland.

The simple facts of the matter Mr Mulholland are simply you are afraid public confidence will be destroyed by the criticisms from MSPs who ask Awkward, Inconvenient and Embarrassing questions which show crown office go back on their word to Parliament.

Example:

Teachers
S3W-13233 - Bill Kidd (Glasgow) (SNP) (Date Lodged Tuesday, May 20, 2008): To ask the Scottish Executive what progress has been made in implementing recommendations 29 and 30 of The ACPOS and Crown Office and Procurator Fiscal Service working group formed to develop joint protocols, as recommended in the Bonomy Report.

Answered by Frank Mulholland QC (Wednesday, May 28, 2008): Both recommendations relate to the disclosure of evidence in criminal proceedings by the Crown Office and Procurator Fiscal Service (COPFS) and the Scottish police.

Recommendation 29 suggested that the police and COPFS should commit to a process of full disclosure in all solemn cases in connection with the implementation of High Court Reform in 2005.

Recommendation 30 suggested that COPFS should consider a pilot for routine disclosure of a summary of the Crown case in summary cases.

I am pleased to confirm that both recommendations have been implemented in full, Recommendation 29 was implemented in November 2004 when the then Lord Advocate Lord Boyd issued a Crown Practice Statement in relation to the disclosure of evidence by the Crown in High Court Cases.

The Crown Practice Statement took full effect from 1 January 2005 and continues to apply to all High Court cases indicted on or after 1 April 2005 and was extended to all solemn cases from 1 September 2005.

In relation to Recommendation 30, a successful pilot was conducted in Dumfries and Galloway in 2007 and the new process was rolled out nationally in September 2007 to support the Summary Justice Reform programme.
2Right,On Location 11/07/2008 02:38:22
So why Mr Mulholland are people still having to go to court for access to evidence the Crown Hold in their cases Like Brendan Dixon awaiting a date for Privy Council to decide his case ?

Why is tax payers money being wasted on legal aid when Crown Clearly have a duty to disclose all material evidence.

Hear Elish Claim disclosure of all evidence will be revealed to the defence.

What a joke disclosure is Mr Mulholland

http://www.youtube.com/watch?v=-x11rHMJskY

http://www.youtube.com/watch?v=KqsMu0G-1rY