How sheriffs could hand down sentences by email
Radical proposals for cost-cutting overhaul of courts may end need for criminals to stand in the dock
CRIMINALS could be sentenced online without the need to turn up to court under radical new plans.
Sheriffs would hand down decisions for some crimes using a secure website, sending a message to the accused or their lawyer.
People facing criminal charges would also be able to enter pleas digitally, with solicitors uploading details of the case, including mitigation, to a central computer system.
The process is aimed at bringing courts ‘right into the 21st century’ and saving cash by reducing the number of costly preliminary hearings and trials.
But last night, advocate Niall McCluskey warned that ‘automation and the increasing use of technology can be taken too far by limiting human interaction’.
He added: ‘There may be a complainer who feels their voice isn’t being heard in court and it is important that the accused can request a personal appearance.’
The proposals from the Scottish Courts and Tribunals Service (SCTS) are aimed at reducing the ‘frustration and costs’ of summary criminal proceedings – less serious criminal offences heard in front of a sheriff or justice of the peace without a jury.
Online sentencing may be an option in cases such as a fine for a minor motoring offence. For jail sentences and community payback orders it is likely that appearances in court would still be necessary.
The report also explores whether or not sex offenders could plead online.
The system would also be open to those without legal representation.
Audit Scotland reports have described sheriff court proceedings as inefficient, with cases repeatedly adjourned. Figures for 2015-16 show around 125,000 summary complaints were raised in Scots courts. SCTS chief executive Eric McQueen said: ‘Our task now is to bring our summary criminal court procedure right into the 21st century, not by tinkering at the edges but by radical digital transformation to improve the quality of justice for all concerned.’
The SCTS is setting up public events to discuss the proposals this year.
Law Society of Scotland president Eilidh Wiseman said: ‘It will be essential that accused people, particularly those who are vulnerable, fully understand any new system to ensure their rights are upheld.
Scottish Tory justice spokesman Douglas Ross said: ‘Digital implementations must only be used if it will improve methods’.
Justice Secretary Michael Matheson said: ‘Digital transformation of the summary criminal justice system could substantially reduce the number of witnesses cited to court, repeated hearings and cases that drag on for many months only to be resolved without a trial ever taking place.’