The Courier & Advertiser (Fife Edition)
What are the justice measures being mooted?
Why might Covid-19 cause the early release of prisoners?
The Coronavirus (Scotland) legislation includes powers for the Scottish Government to release prisoners before the end of their sentence in case prison staff are overwhelmed by the virus and it becomes unsafe to operate crowded prisons at their current levels.
Constitution Secretary Michael Russell has emphasised that the Bill itself does not release prisoners, but merely hands over the power. Secondary legislation would be required for that step to be taken.
Mr Russell said: “This is not saying that this is going to take place, it is creating the circumstances in which it could take place if there was, for example, a substantial increase in the cases within the prison service. We are not at that stage but the power has to be there in case it is needed.”
Which prisoners may be released?
Nicola Sturgeon has emphasised that prisoners will only be released early as a “last resort”, but in Northern Ireland the process has already begun with fewer than 200 prisoners getting out early as they enter the last three months of their sentence.
Mr Russell stressed that prisoners serving a life sentence, or anyone convicted of terrorism or sexual crimes, will not be allowed out early. Only those coming to the end of their sentences and who are not deemed as a threat will be eligible.
“Prisoners are not to be released if the prison governor believes they pose an immediate risk of harm to an identified person,” Mr Russell said.
Why does the Scottish Government want to hold trials minus juries?
Ministers say it is inappropriate to set up panels of 15-strong juries while social distancing measures are in place. Therefore, it is proposed that judges or sheriffs deliver verdicts in trials that would have a jury under normal circumstances. The move has been agreed by the Lord President, Scotland’s most senior judge, and the Lord Advocate, Scotland’s most senior law officer.
How has this gone down with the legal profession?
This is not without precedent. Summary trials for less serious offences do not have juries. During Northern Ireland’s Troubles, so-called Diplock courts were convened where serious cases were tried by a judge minus a jury, because jurors were being threatened. However, the prospect of judge-only courts in Scotland was greeted with anger from lawyers, who argued that the jury system is the “cornerstone” of Scotland’s justice system. Ministers, however, argue that if this measure is not put in place then trials would have to stop altogether. But with the Tories and Lib
Dems opposing this measure, it faces a battle to get through parliament.
What other justice measures are contained in the legislation?
The statutory time limits in criminal proceedings are to be delayed, meaning more trials could be delayed; more pre-tribunal and court work would be conducted remotely and the suspension of automatic right to an oral hearing for parole. The time limit for unpaid work as part of community payback orders will be extended and the carrying out of community sentences will be postponed.
What protection is being put in place for tenants?
This is one of the key aims of the legislation – to prevent those in rented accommodation from eviction. The legislation increases the minimum notice period for private and social tenants for up to six months, so long as there is no grounds for eviction involving anti-social or criminal behaviour. Another exception is if the landlord needs to move into the property. The Green Party, however, has been arguing for the powers to be strengthened so that landlords no longer have the ability to serve their tenants with notice to leave during the crisis.
The Greens also want measures to enable students to get early termination of their leases in private accommodation.