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The role of Justice of the Peace Court within the Scottish Legal System and the community
Justice of the Peace Court Setting the scene 1. Background to JP Court 2. Jurisdiction 3. - Summary Criminal Procedures - Civil Proceedings 4. Impact on Community Residents including Veterans and service personnel
Population Scotland = 5,295,403 Scottish Courts Statistics - 2014 Criminal Reports to Crown Office Procurator Fiscal Service (COPFS) 2014:- = (includes multi offenders) 293,672 Complaints received at JP Court = 65,000 £7,100,000 = value of fines imposed JP Courts deal with a high volume of relatively minor criminal offences.
Justice of the Peace Court - Background Ju Justi tices ces of th the Peace ce were int ntroduced oduced into the Parliament of Scotland in n 1609 by James VI & I. Designed as a counter-balance to the power of the office of Sheriff, then held hereditarily by great landowners JPs are lay people, dispensing criminal justice, on a local basis. A community based court working for the good of the community, dealing with many of the types of crime that impact most on us .
Bangalore Principles of Judicial Conduct JPs are lay magistrates – they are volunteers. Selection criteria for new Justices are based on their: 1. Judicial independence 2. Impartiality 3. Integrity 4. Propriety 5. Equality of treatment 6. Competence and diligence (new recruits are likely to be under 65 years of age)
SCOTTISH COURTS WITH CRIMINAL JURISDICTION
Procurator Fiscal Allocates Non-Court Disposal Prosecution Warning Fixed penalty High Court Conditional offer Sheriff/ Sheriff & jury J.P.Court
JURISDICTION of the Justice of the Peace Court JPs generally sit as the solo judge - some areas have three on the bench JP Courts are located throughout Scotland Criminal Proceedings Civil Proceedings Common Law & Applications for Court Order Statutory Offences under s.49 of Civic Government Act 1982 - Dangerous and annoying creatures Sentences:- Max: £2,500 / 60 days imprisonment Make an Order
Criminal Proceedings COMMON LAW OFFENCES Acts which society deem wrong in themselves e.g. ASSAULT THEFT FRAUD BREACH OF THE PEACE Maximum penalty - £2,500 fine / 60 days imprisonment
Criminal Proceedings STATUTORY OFFENCES Acts or omissions deemed wrong or an offence by Parliament, e.g. Under ROAD TRAFFIC ACTS MISUSE OF DRUGS ACT LICENSING (S) ACT CIVIC GOVERNMENT (S) ACT Maximum Penalty – stipulated by the legislation itself Including driving disqualification
JP SU JP SUMM MMAR ARY Y CRIMINAL IMINAL PROCEDURE OCEDURE Accused is Guilty plea Not Guilty plea Cited to attend Court Plea 30% NG Plea Defer Inter ermedi mediat ate e Diet et - court Sentence Accepted by sentence PF- no further action Not guilty plea Guilty plea Trial ial diet et - cou ourt 10% 20% Defer sentence Found Guilty Sentence Found Not Guilty or Not Proven - no further action Defer Sentence Possible Sentence discounts for early guilty plea
CIVIL PROCEEDINGS Dangerous or Annoying Creatures A J.P. Court may “ if satisfied that any creature kept in the vicinity of any place where a person resides is giving that person, while in that place, reasonable cause for annoyance, make an order requiring the person keeping the creature to take , within such period as may be specified in the order, such steps [short of destruction of the creature] to prevent the continuance of the annoyance as may be so specified” The application may be made by “ any person”
“ The Howard League for Penal Reform last year concluded that ex-service personnel are less likely to be in prison than civilians.” Statistics for JP Court • c.65,000 complaints were dealt with in the Scottish JP courts 2014 • c.1700 Trials took place • 37,000 fines were imposed by JP court with a value of £7.1million • Other sentences imposed include - community payback orders; - compensation; - imprisonment ; - probation; - endorsements (points)on driving licences and disqualification,
Statistics relating to Armed Forces Community Justice of the Peace Courts 65,000 complaints Assumption:- • c.10% of the Scottish community are Military Veterans • Assume 3% face criminal prosecution • 65,000 complaints x 10% = 6500 • 6500 x 3% = 195 veterans = potentially 195 veterans were referred to the JP Court in 2014
Potential Impact of conviction Fines can lead to financial hardship – they are a priority debt Driving Licence Endorsement increases insurance premiums Can lead to Job Loss - Loss of income Disqualification - Loss of driving licence Criminal Record – including for those admonished
APPEALS/Proof hearings Appeals can be made against Conviction and Sentence Justice of the Peace Court - Proof hearings post conviction: Exceptional Hardship proof (case study) Special Reasons proof
Ot Other er Du Duties ies carried ried out by Justices tices of the Peace ace Signing – D.i.Y Divorce papers - Change of Name - Emigration Papers - Utility Warrants -Arrest Warrants -Search warrants
What support could your organisation offer in a court setting to those members of the Armed Services Community facing a criminal complaint in the JP or other criminal courts? Thank you
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Prison Psychiatry and Veteran Mental Health Alex Quinn Consultant Forensic Psychiatrist The Orchard Clinic
HMP Edinburgh
Authors Rate of Psychosis Major Substance Personality mental depression misuse Disorder disorder Fazel and 3.7% men 10% men 65% Danesh 2002 4.0% 12% women (47% ASPD) women 42% (21% ASPD) Brooke, 63% 5% Neurotic 38% 11% Taylor illness 26% 1996 Parsons, 59% 11% Walker and Grubin 2001 Singleton et 7% 40% 63% alcohol al neurotic abuse 1998 disorder 43% drug dependance Rates of Mental illness in prison
Meta-analysis BJPsych 2009 Simon and Czobor Pooled prevalence 2.5% (95% CI2.1-3.1) 3-5% Prevelence of ADHD in community
Authors Numbers and Method of Prevelence location Diagnosis Cahill and Coolidge 3962 adult prisoners Self report 10.5% et al 2012 Florida CCI 250 item (Coolidge Correctional Inventory) Rosler and Retz 183 DSM IV 45% 2004 Germany Young and 198 DSM 1V checklist of 23% Gudjonsson Scotland symptoms 2009 Ginsberg and 315 Adult ADHD Self Estimated 40% Hirvikoski Norrtalje prison, Report Screener + 2010 Sweden clinical assessment Eyestone and Howell 102 Adult problems list 25.5% 1994 Utah State Prison Semi structured interview Prevelence of ADHD in Prison
Prevalence of personality disorder General population • 5 – 10% Primary care • 20-30% Mental health out-patients • 30-40% Mental health in-patients • 40-50% Prisons • 25-75%
Singleton, N., Meltzer, H. & Gatward, R. (1998)Psychiatric Morbidity among Prisoners in England and Wales(Office for National Statistics). London: Stationery Office.
Available resources 4.5 mental health nurses 2 sessions of consultant psychiatrist Therapeutic skills available in Forensic Psychology colleagues, but pressed for prison functions Offending behaviour programs-limited for women in HMP Edinburgh No Clinical Psychology- but changing…. Some third sector possibilities, but little else “NHS”
Severe Transfer and untreatable to hospital enduring Severe and enduring group have well established patient pathways Treatable? Remain in custody Untreatable in custodial context-transfer to appropriate level of security Remit
Clear Patient Pathways for the acutely unwell Relatively timely transfer to secure care compared to England Well resourced units to provide care Severe and Enduring- For those requiring Hospital care
Contrast between firm pathways for detained patients and the remainder of individuals with mental disorder Not surprising Somewhat linked to need and risk Development of systematised pathways for patient care focus for many services Establishing firm throughcare arrangements Strengthening links to the community Increasing the involvement of services reaching into the prison. Patient Pathways otherwise less clear
Charlie Allanson-Oddy Consultant Psychological Therapist and Service Lead
Our Veteran Peer Support Model 2007 Veterans Advisory Group 2009 Doors opened and 1000+ referrals (Scottish Government and NHS Lothian) Welfare focus and mental health team Veterans First Point
Veterans Advisory Group (2007) highlighted three issues which any development would need to address: Co-Ordination Credibility Accessibility Listening to veterans needs:
HMP Edinburgh and HMP Addiewell Planning 2010 and begun 2011 Liaison and advocacy and credible engagement ‘Treatment’ effect by Veteran Peer Support and system Secondary transition challenge V1P in prison
Opportunities for partnership and good practice? Workshop setting? Charlie.AllansonOddy@nhslothian.scot.nhs.uk 0131 220 9920 Questions
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Sarah Roberts Child and Family Support Manager 38
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