21 Nov 2007
Justice in courts throughout Scotland will be speedier and more carefully-targeted as a result of legislation taken forward by the Scotland Office today at Westminster.
Legislation made under the Scotland Act and debated in the Commons and Lords will mean that Justices of the Peace will soon have additional powers to disqualify drivers, or endorse licences, for offences including driving without insurance, careless driving and driving while disqualified. To allow this, today's legislation gives JPs the power to impose sanctions for road traffic offences, which are reserved to Westminster.
Scotland Office minister David Cairns said:
"We all know that the criminal courts can get clogged up and I entirely understand people's frustrations when there are delays in bringing cases to justice. Today's change is a small but important contribution towards speeding up the system, because it means that JPs in the new courts will be better equipped to deal with a broader range of driving offences.
"This in turn means that Sheriff courts can focus their resources on more serious criminal cases. It should help to make the system more efficient from top to bottom, and better at delivering justice for Scots.
"This is precisely what the Scotland Act is about - the Government working together with the Scottish Government to deliver legislation so that the devolution settlement keeps pace with change and remains relevant to the people of Scotland."
Scotland Office ministers are taking this legislation through Parliament following the Criminal Proceedings etc (Reform) (Scotland) Act 2007 - an act of the Scottish Parliament which received Royal Assent in February this year. This provided for the establishment of JP courts, which will handle some of the more serious cases usually heard in Sheriff Courts, and which will replace the old District Courts.
Many less serious cases currently handled by JPs will now be dealt with without going to court at all - for instance, by fixed penalty fines - leaving the new JP courts to deal with more serious examples of the offences they currently deal with - breach of the peace; theft; vandalism; common law assault and more serious motoring offences.
Notes for Editors
1. The Commons Delegated Legislation Committee and the Lords Grand Committee debated and agreed to move the 'Criminal Proceedings etc (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007'.
2. Currently section 10 (2) of the Road Traffic Offenders Act 1988 prevents Scottish District Courts from trying some offences involving endorsement of driving licences unless they are fixed penalty offences. In addition to this section 50 (b) of the 1988 Act provides that District Courts cannot impose disqualification from driving, except where there are twelve or more penalty points to be taken into account.
Media contact:
Nathaniel Mumford: 0207 270 6875 / 07771 938878