1. the role of justice of the peace court within the scottish legal system and the community

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The role of Justice of the Peace Court

within the Scottish Legal System

and the community

Justice of the Peace Court1. Setting the scene2. Background to JP Court3. 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.

Justices of the Peace were introduced into the Parliament of Scotland in 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.

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 CourtJPs generally sit as the solo judge - some areas have three on the

benchJP 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 ProceedingsCOMMON 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 ProceedingsSTATUTORY 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 SUMMARY CRIMINAL

PROCEDUREAccused is

Cited to attend CourtPlea

Guilty plea

Sentence

Not Guilty plea

NG Plea Accepted by

PF- no further action

Intermediate Diet - court

Guilty pleaNot guilty

plea

Trial diet - court

Found Not Guilty or Not Proven - no

further action

Found Guilty

Sentence DeferSentence

Defer sentence

Sentence

30%

20%

10%

Defer sentence

Possible discount

s for early guilty plea

CIVIL PROCEEDINGSDangerous 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

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 incomeDisqualification - Loss of driving licenceCriminal Record – including for those

admonished

APPEALS/Proof hearingsAppeals can be made against Conviction and

Sentence

Justice of the Peace Court - Proof hearings post conviction:

Exceptional Hardship proof (case study)

Special Reasons proof

Other Duties carried out by Justices of the Peace

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 Prison Psychiatry and Veteran Mental HealthVeteran Mental Health

Alex QuinnConsultant Forensic Psychiatrist

The Orchard Clinic

HMP Edinburgh

Rates of Mental illness in prisonRates of Mental illness in prison

Authors Rate of mental disorder

Psychosis Major depression

Substance misuse

Personality Disorder

Fazel and Danesh 2002

3.7% men4.0% women

10% men12% women

65%(47% ASPD)42% (21% ASPD)

Brooke, Taylor1996

63% 5% Neurotic illness 26%

38% 11%

Parsons, Walker and Grubin 2001

59% 11%

Singleton et al1998

7% 40% neurotic disorder

63% alcohol abuse43% drug dependance

Prevelence of ADHD in communityPrevelence 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 PrisonPrevelence of ADHD in Prison

Authors Numbers and location

Method of Diagnosis

Prevelence

Cahill and Coolidge et al 2012

3962 adult prisonersFlorida

Self reportCCI 250 item(Coolidge Correctional Inventory)

10.5%

Rosler and Retz2004

183Germany

DSM IV 45%

Young and Gudjonsson2009

198Scotland

DSM 1V checklist of symptoms

23%

Ginsberg and Hirvikoski2010

315Norrtalje prison, Sweden

Adult ADHD Self Report Screener + clinical assessment

Estimated 40%

Eyestone and Howell1994

102Utah State Prison

Adult problems listSemi structured interview

25.5%

Prevalence of personality Prevalence of personality disorderdisorder

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 nurses2 sessions of consultant psychiatristTherapeutic skills available in Forensic Psychology colleagues, but pressed for prison functionsOffending behaviour programs-limited for women in HMP EdinburghNo Clinical Psychology-but changing….Some third sector possibilities, but little else “NHS”

RemitRemit

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 hospitaluntreatable

Severe and Enduring- Severe and Enduring- For those For those requiring Hospital care 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 Patient Pathways otherwise less clearclear

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

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Sarah Roberts

Child and Family Support Manager

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Ian Davidson

Director of Strategy and Innovation

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