The Scottish Government
Criminal Justice Directorate
Criminal Procedure Division
T: 0131-244 2222 F: 0131-244 2623
Criminal Justice Directorate
Criminal Procedure Division
Circular No: JD/9/2008
Distribution by email as per list at Annex A
24 November 2008
THE CRIMINAL PROCEEDINGS ETC. (REFORM) (SCOTLAND) ACT 2007 (COMMENCEMENT NO. 5) ORDER 2008.
I am writing to draw your attention to certain provisions of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 ("the Act"), which will come into force on Monday 8 December 2008. The Act itself and its explanatory notes may be accessed at: http://www.opsi.gov.uk/legislation/scotland/acts2007/20070006.htm .
A copy of the Commencement Order is attached (PDF format) to the covering email for this circular - it can also be accessed at: http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080329_en_1.
PROVISIONS OF THE ACT COMING INTO FORCE ON 8 DECEMBER 2008:
The following sections of the Act are brought into effect on 8 December 2008. Where they are commenced for a particular purpose, that is specified in the Order.
(a) Section 59 (Establishing JP courts).
(b) Section 62 (Area and territorial jurisdiction of JP courts).
These sections are brought into force for the third phase of unification, in Glasgow and Strathkelvin on 8 December 2008. Provision is made for the jurisdiction and establishment of JP courts, certain of the unification provisions having been previously commenced in order to allow suitable forward planning.
These sections - except subsections 62(4)-(7), which are commenced in full - are brought into force for the purposes of unification in Glasgow & Strathkelvin, and will be commenced for each other sheriffdom upon unification in that area.
(a) Subsections 68(4) and (5) (Conditions of office).
(b) Section 74 (Appointment of stipendiary magistrates).
(c) Section 75 (Stipendiary magistrates: further provision).
(d) Subsections 77(2), (3) and (5) (Records and validity of appointment etc.).
The majority of the lay justice provisions were commenced in December 2007. These provisions are commenced for Glasgow and Strathkelvin only, and relate to the payment of JP expenses, and the terms of appointment of stipendiary magistrates.
Schedule to the Act and section 80 - modification of enactments
(a) Paragraphs 4, 7, 9, 20(3)(b), 22, 25(a) and (d), 26, 27, 30(a) and 32(b) and (c).
These provisions make consequential and other minor amendments to the following enactments:
- The Education (Scotland) Act 1980
- The Road Traffic Offenders Act 1988
- The Criminal Procedure (Scotland) Act 1995
- The Bail, Judicial Appointments etc. (Scotland) Act 2000
- The Criminal Justice (Scotland) Act 2003
- The Antisocial Behaviour etc. (Scotland) Act 2004.
(b) Subparagraphs 33(1) and (2):
- Provisions regarding interpretation of statutory references to district courts.
Paragraph 26(t), making a minor amendment to the 1995 Act in relation to appointments to the Criminal Courts Rules Council, is commenced in full as a consequence of the establishment of JP Courts. The remainder of the Schedule provisions are commenced for Glasgow and Strathkelvin only.
Further Orders made in relation to the Act
Court unification in the Sheriffdom of Glasgow and Strathkelvin
(a) The Justice of the Peace Court (Sheriffdom of Glasgow and Strathkelvin) Order 2008 was laid before Parliament on 3 October 2008. The provisions of the Order relating to the transfer of staff and enabling citation of accused persons and witnesses to JP courts came into force on 10 November, allowing court business to be arranged in those courts ahead of unification in that area on 8 December 2008. The remaining provisions for the establishment of the JP court, the disestablishment of the district court, and the transfer of business from the District Court of East Dunbartonshire at Kirkintilloch and the District Court of South Lanarkshire at Rutherglen to the new JP Court is expected to enter into force on 8 December. The Order is available at: http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080328_en_1 .
(b) The Stipendiary Magistrates (Specified Day) (Sheriffdom of Glasgow and Strathkelvin) Order 2008 was laid before Parliament on 3 October and is expected to enter into force on 8 December. The Order provides that 8 December 2008 is the date on which stipendiary magistrates in the Sheriffdom of Glasgow and Strathkelvin will cease to hold appointment under the District Courts (Scotland) Act 1975 and will instead be appointed as stipendiary magistrates under the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (provided that they do not decline the appointment). The Order is available at: http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080330_en_1 .
(c) The Justice of the Peace Court (Sheriffdom of Glasgow and Strathkelvin) Amendment Order 2008 was laid before Parliament on 14 November 2008 and is expected to enter into force on 8 December. The Order makes provision for the transfer, from Glasgow City Council to the Scottish Ministers, of a building in which the Glasgow and Strathkelvin JP court will sit from 8 December onwards. The Order is available at: http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080374_en_1 .
Court unification in the Sheriffdom of Tayside, Central and Fife
(a) The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 6) Order 2008 was made on 6 November 2008 and will bring certain provisions of the Act into force on Monday 23 February 2009 for the purposes of court unification in the Sheriffdom of Tayside, Central and Fife. The Order is available at: http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080362_en_1 .
(b) The Justice of the Peace Courts (Sheriffdom of Tayside, Central and Fife) Order 2008 was laid before Parliament on 7 November 2008. The provisions of the Order relating to the transfer of staff and enabling citation of accused persons and witnesses to JP courts are expected to take effect from 1 December 2008, allowing court business to be arranged in those courts ahead of unification in that area on 23 February 2009. The remaining provisions for the establishment of JP courts and the disestablishment of district courts, are expected to enter into force on 23 February 2009. The Order is available at: http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080363_en_1 .
Further Commencement Orders
The provisions commencing on 8 December relate to court unification. We intend to continue to commence these provisions on a sheriffdom-by-sheriffdom basis, at each stage of unification.
Should you have any queries in relation to any of the above, please contact the Law Reform and General branch through the details provided at the top of this circular. Further information in relation the Act and its implementation is also available on the Scottish Government's Summary Justice Reform website, available at: http://www.scotland.gov.uk/Topics/Justice/criminal/criminalprocedure/19008 .
Head of Law Reform and General Branch
Scottish Government Criminal Procedure Division