Lawyer warns of ‘huge knock on effects’ of court trials switch
A DECISION by a court authority to centralise sheriff and jury trials will have ‘huge knock effects’, according to a Fort William lawyer.
Scottish Courts and Tribunals Service (SCTS) has decided all solemn cases from Fort William and Portree will be heard in Inverness. SCTS told The Oban
Times it recognises the importance of justice being carried out locally and the efficient disposal of business within a sheriffdom is a matter for the Sheriff Principal of that jurisdiction.
A spokesperson added: ‘ We can confirm that, after consideration, Sheriff Principal Derek Pyle has decided that, subject to any exceptional cases of particular local interest or where the interests of justice require the local court to be used, jury sittings will move from Fort William Sheriff Court.
‘The sitting already scheduled in Fort William for May 29 will be the last sitting to which new business for the court will be indicted.’
SCTS says in 2015-16, one solemn case was heard in Portree and five were heard in Fort William. Meetings were held in Fort William and Portree earlier this month at which the new programme and the procedures and arrangements for solemn work in Inverness were discussed with local court users.
But Hamish Melrose, who has his practice on Fort William High Street, said the decision which was made without discussion.
Mr Melrose reiterated: ‘ All sheriff and jury cases, even the preliminary stuff, will be heard in Inverness unless there are special circumstances.
‘I have no idea what amounts to special circumstances but I presume it might be due to age of witness or if they are unfit. It certainly has not been made clear but the plan is for the new system to be in place in two months.
‘The decision has been made by SCTS because it will make things easier for them. But the other side of the coin is the impact on witnesses, lawyers and the accused – they will be huge.’
According to SCTS, managing sheriff and jury business more efficiently is a key part of the vision for the future of the service.
The transition of business to a number of sheriff and jury courts, one of which is Inverness Sheriff Court, is designed to improve the consistency and quality of service in an area and thereby increase public confidence in the administration of justice.
But Mr Melrose also raised concern about costs incurred by witnesses involved in solemn cases who are currently entitled to claim expenses from the Procurator Fiscal.
He added: ‘If you think of people from Portree travelling to the mainland as well those from the other side of the water from Fort William, witnesses are going to have to be provided with accommodation.’
In the case of Portree Sheriff Court, from April 18, some procedural and pre-trial solemn business will transfer to Inverness, but it remains the presumption by SCTS that jury trials will continue to be heard locally at Portree.
SCTS said it is anticipated that cases where a plea of guilty has been tendered at a first hearing will continue to be heard locally at both courts.
Kate Forbes, MSP for Skye, Lochaber and Badenoch told
The Oban Times she has been campaigning for travelling domestic abuse courts across the Highlands, saying: ‘The principle is the same for other cases and I have been assured the courts in Fort William and Portree will continue to be the courts for all trials except for sheriff and jury cases. Even then, there is discretion to decide a sheriff and jury case should still be heard in Portree and Fort William, although I acknowledge there were few such cases in these locations last year.’
Ms Forbes said a round trip from Portree takes five hours minimum. Travelling from parts of Lochaber and north Skye will take even longer.
She added: ‘The proposals are, in part, designed to ensure a common standard of justice for everyone through the court system and I firmly believe access to justice across the Highlands must not become a postcode lottery.’