1 The role of Justice of the Peace Court within the Scottish Legal - - PowerPoint PPT Presentation

1

The role of Justice of the Peace Court within the Scottish Legal System and the community

Justice of the Peace Court

1.

Setting the scene

2.

Background to JP Court

3.

Jurisdiction

• Summary Criminal Procedures
• Civil Proceedings
• 4. Impact on Community Residents including Veterans and service

personnel

Complaints received at JP Court = 65,000 £7,100,000 = value of fines imposed Population Scotland = 5,295,403 Scottish Courts Statistics - 2014 Criminal Reports to Crown Office Procurator Fiscal Service (COPFS) 2014:- = (includes multi offenders) 293,672 JP Courts deal with a high volume of relatively minor criminal offences.

 Ju

Justi tices ces of th the Peace ce were int ntroduced

• duced into the Parliament of Scotland in

n 1609 by James VI & I.

 Designed as a counter-balance to the power of the office

• f 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. Justice of the Peace Court - Background

Bangalore Principles of Judicial Conduct

• 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)

 JPs are lay magistrates – they are volunteers. Selection criteria for new

Justices are based on their:

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 JP SU SUMM MMAR ARY Y CRIMINAL IMINAL PROCEDURE OCEDURE

Accused is Cited to attend Court Plea Guilty plea

Sentence

Not Guilty plea

NG Plea Accepted by PF- no further action

Inter ermedi mediat ate e Diet et - court Guilty plea Not guilty plea

Trial ial diet et - cou

• urt

Found Not Guilty

• r Not Proven - no further

action

Found Guilty Sentence Defer Sentence Defer sentence Sentence

30% 20% 10%

Defer sentence

Possible 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

• f 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

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

Justice of the Peace Courts

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

• rganisation offer in a court

setting to those members of the Armed Services Community facing a criminal complaint in the JP or

• ther criminal courts?

Thank you

20

Prison Psychiatry and Veteran Mental Health

Alex Quinn Consultant Forensic Psychiatrist The Orchard Clinic

HMP Edinburgh

Rates of Mental illness in prison

Authors Rate of mental disorder Psychosis Major depression Substance misuse Personality Disorder Fazel and Danesh 2002 3.7% men 4.0% women 10% men 12% women 65% (47% ASPD) 42% (21% ASPD) Brooke, Taylor 1996 63% 5% Neurotic illness 26% 38% 11% Parsons, Walker and Grubin 2001 59% 11% Singleton et al 1998 7% 40% neurotic disorder 63% alcohol abuse 43% drug dependance

Prevelence of ADHD in community

 Meta-analysis BJPsych 2009 Simon and

Czobor

 Pooled prevalence 2.5% (95% CI2.1-3.1)

3-5%

Prevelence of ADHD in Prison

Authors Numbers and location Method of Diagnosis Prevelence Cahill and Coolidge et al 2012 3962 adult prisoners Florida Self report CCI 250 item (Coolidge Correctional Inventory) 10.5% Rosler and Retz 2004 183 Germany DSM IV 45% Young and Gudjonsson 2009 198 Scotland DSM 1V checklist of symptoms 23% Ginsberg and Hirvikoski 2010 315 Norrtalje prison, Sweden Adult ADHD Self Report Screener + clinical assessment Estimated 40% Eyestone and Howell 1994 102 Utah State Prison Adult problems list Semi structured interview 25.5%

Prevalence of personality disorder

• 5 – 10%

General population

• 20-30%

Primary care

• 30-40%

Mental health out-patients

• 40-50%

Mental health in-patients

• 25-75%

Prisons

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”

Remit

 Severe and enduring group have well

established patient pathways

 Treatable? Remain in custody  Untreatable in custodial context-transfer to appropriate level of security

Severe and enduring Transfer to hospital untreatable

Severe and Enduring- For those

requiring Hospital care

 Clear Patient Pathways for the acutely

unwell

 Relatively timely transfer to secure care

compared to England

 Well resourced units to provide care

Patient Pathways otherwise less clear

 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.

Charlie Allanson-Oddy Consultant Psychological Therapist and Service Lead

Veterans First Point

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

Listening to veterans needs:

Veterans Advisory Group (2007) highlighted three issues which

any development would need to address:

Credibility Accessibility Co-Ordination

V1P in prison

 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

Questions

 Opportunities for partnership

and good practice?

 Workshop setting?

Charlie.AllansonOddy@nhslothian.scot.nhs.uk 0131 220 9920

37

38

Sarah Roberts

Child and Family Support Manager

39

40

41

Ian Davidson

Director of Strategy and Innovation

43