Judge: Cut court cases to ease the gridlock
SCOTLAND’S top judge has signalled an escalation of soft-touch justice to prevent courts becoming ‘gridlocked’.
Lord Carloway said the Crown Office should cut the number of prosecutions to stop the creaking court system getting ‘clogged up’.
The Lord President said it was no longer enough for justice to be of a high quality as it must also be done at a ‘proportionate cost’ – at a time when the justice system is under growing strain.
But the moves pave the way for an expansion of schemes to ‘divert’ criminals away from prosecution with controversial measures such as fiscal fines and warnings.
Last night Scottish Tory justice spokesman Liam Kerr said: ‘This was an obvious consequence of cutting the number of courts by a fifth. The SNP was warned about this, but pressed ahead anyway, ignoring the advice of experts.
‘If the number of cases is forcibly reduced, that will result in criminals getting off the hook, and victims receiving an even worse standard of service than they currently get.’
Lord Carloway has previously called for a justice system that does not ‘stigmatise’ and ‘isolate’ criminals.
Explaining his vision further, he said in a recent speech that ‘it is worth commenting that in determining how many cases should be prosecuted… there has to be a degree of pragmatism in the decisionmaking process’.
The judge said ‘we have to recognise only a finite number of cases can be processed in a given week, month or year’.
He went on: ‘That number is capable of reasonably accurate assessment in advance; we know what the system can cope with and what it cannot cope with.
‘If the Crown raises too many indictments, or complaints, the reality is that the system will clog up, it will become gridlocked… and no progress will be made with a large number of cases.’
Lord Carloway added that if the Crown could be persuaded to limit the number of prosecutions to that which is rea- sonable, a starting-point would be achieved.
He said: ‘If we can then introduce streamlined case management processes, we might see a system which will be fit for the 21st century…’
Lord Carloway also said: ‘It is not good enough for judicial decision-making to be of a high quality; it is a multidimensional concept.
‘It must be delivered by those who are sufficiently skilled and experienced to do so in a reasonable time and at a proportionate cost.’
Lord Advocate James Wolffe, QC, has expressed his backing for ‘direct measures’, which sees criminals fined or given warnings without having to face a court – and without getting a full criminal record.
Mr Wolffe recently backed the reforms proposed by Lord Carloway, adding that fiscals should use the ‘full range of tools’ including diversion from prosecution.
A Crown Office spokesman said: ‘The Crown Office and Procurator Fiscal Service acts independently and in the public interest and we will always take court action when that is the appropriate response.’
A Scottish Government spokesman said: ‘Criminal justice organisations are continually working to become more efficient, make better use of court time and reduce churn [needless delays in processing cases].
‘The Scottish Government has allocated additional resources to speed up access to justice and help address an increase in reporting and prosecution of certain categories of crime.’