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The role of Justice of the Peace Court

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Presentation on theme: "The role of Justice of the Peace Court"— Presentation transcript:

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

3 Justice of the Peace Court
Setting the scene Background to JP Court Jurisdiction - Summary Criminal Procedures - Civil Proceedings 4. Impact on Community Residents including Veterans and service personnel

4 Scottish Courts Statistics - 2014
Population Scotland = 5,295,403 Scottish Courts Statistics 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 Previously known as District Courts Dealing with many of the types of crime that impact most on our communities. JP Courts deal with a high volume of relatively minor criminal offences.

5 Justice of the Peace Court - Background
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.

6 Bangalore Principles of Judicial Conduct
JPs are lay magistrates – they are volunteers. Selection criteria for new Justices are based on their: Judicial independence Impartiality Integrity Propriety Equality of treatment Competence and diligence (new recruits are likely to be under 65 years of age)

7 SCOTTISH COURTS WITH CRIMINAL JURISDICTION
The High Court of Justiciary is Scotland's supreme criminal court. When sitting at first instance as a trial court, it hears the most serious criminal cases, such as murder and rape. A single judge hears cases with a jury of 15 people. At first instance, it sits in cities and larger towns around Scotland and has a permanent base in Edinburgh (Lawnmarket), Glasgow (Saltmarket) and Aberdeen (Mercatgate). There are periodic sittings in eight circuit courts Dundee, Dunfermline, Dumbarton, Inverness, Kilmarnock, Livingston, Paisley and Perth, and regular sittings at Edinburgh Sheriff Court. As an appeal court, it sits only in Edinburgh. About the Court of Session The Court of Session, Scotland's supreme civil court, sits in Parliament House in Edinburgh as a court of first instance and a court of appeal. Outer and Inner House The court of session is divided into the Outer House and the Inner House. The Outer House consists of 22 Lords Ordinary sitting alone or, in certain cases, with a civil jury. They hear cases at first instance on a wide range of civil matters, including cases based on delict (tort) (compensation) and contract, commercial cases and judicial review. The judges cover a wide spectrum of work, but designated judges deal with intellectual property disputes. Special arrangements are made to deal with commercial cases.

8 Procurator Fiscal Allocates
Non-Court Disposal Prosecution Warning Fixed penalty High Court Conditional offer Sheriff/ Sheriff & jury J.P.Court

9 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 Dangerous and annoying creatures Sentences:- Max: £2,500 / 60 days imprisonment Make an Order

10 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 Case samples Breach of peace; Minor assault

11 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

12 JP SUMMARY CRIMINAL PROCEDURE
Accused is Cited to attend Court Plea Guilty plea Not Guilty plea 30% Defer sentence Intermediate Diet - court NG Plea Accepted by PF- no further action Sentence Not guilty plea Guilty plea Trial diet - court 10% 20% Defer sentence Found Guilty Sentence Found Not Guilty or Not Proven - no further action Sentence Defer Sentence Possible discounts for early guilty plea

13 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”

14 Statistics for JP Court
“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, Military Service records are not routinely gathered therefore numbers involved are not known – emphasis on the potential number of armed forces community in the criminal justice system

15 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

16 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

17 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

18 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

19 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 Most accused people attending the JP court do not have a lawyer and are generally unaware of help/support services available to them.

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21 Prison Psychiatry and Veteran Mental Health
Alex Quinn Consultant Forensic Psychiatrist The Orchard Clinic

22 HMP Edinburgh

23 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% Singleton et al 1998 7% 40% neurotic disorder 63% alcohol abuse 43% drug dependance Rates of Mental illness in prison

24 Prevelence of ADHD in community
Meta-analysis BJPsych 2009 Simon and Czobor Pooled prevalence 2.5% (95% CI ) 3-5% Prevelence of ADHD in community

25 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% Prevelence of ADHD in Prison

26 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

27 Singleton, N. , Meltzer, H. & Gatward, R
Singleton, N., Meltzer, H. & Gatward, R. (1998)Psychiatric Morbidity among Prisoners in England and Wales(Office for National Statistics). London: Stationery Office.

28 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”

29 Remit Severe and enduring group have well established patient pathways
Treatable? Remain in custody Untreatable in custodial context-transfer to appropriate level of security Transfer to hospital Severe and enduring untreatable Remit

30 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 Severe and Enduring- For those requiring Hospital care

31 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. Patient Pathways otherwise less clear

32 Charlie Allanson-Oddy
Consultant Psychological Therapist and Service Lead

33 Veterans First Point Our Veteran Peer Support Model
2007 Veterans Advisory Group 2009 Doors opened and referrals (Scottish Government and NHS Lothian) Welfare focus and mental health team Veterans First Point

34 Listening to veterans needs:
Veterans Advisory Group (2007) highlighted three issues which any development would need to address: Co-Ordination Linda: In February 2007 a “Lothian Veterans Advisory Group” made up of veterans with experience of using local NHS mental health services was established with the aim of designing a new model of service provision for veterans. The veterans identified three key features which the new service model would need in order to reach the veteran community. 4.2 Coordination of services: Services involved in the care of veterans cut across statutory health services, local authorities and the voluntary sector. It has been estimated that within Scotland there are currently over 400 charities dedicated to supporting veterans and their families. Veterans using services found this frustrating because it meant that they were unsure where to turn for help. It also meant that when they did turn to services they would often need to repeat their story several times to different organisations. An advisory group, through discussions with veterans, mental health clinicians and veteran agencies, therefore created a unique model of service called Veterans F1rst Point (V1P). 4.3 Creditability: The advisory group highlighted that they often did not feel that staff in civilian public services understood their military lifestyle and the context of veteran mental health problems. As a consequence of this veterans are often reluctant to seek assistance and their problems deteriorate without appropriate interventions. 4.4 The key to the success of V1P is the combination of highly skilled mental health professionals working in a team alongside veterans with personal experience of military life. A testament to the credibility of this model is indicative in the statistic that 50% of all referrals currently made to V1P were self-referrals from the veteran themselves. 4.5 Accessibility: Personnel leaving the armed forces often have little understanding of how civilian services are set up or accessed. Therefore, it is seen as a priority to have a quick response time to enquiries and it was viewed as key to have multiple referral routes into the service. Referrals can be made by medical staff or by the veteran themselves. Veterans referring themselves can do this by phone or by attending a centrally located drop-in centre. V1P is located just off Princess Street due to the ease of public transport but it is within a discrete office block in which the attendee could be visiting any of the offices housed in the building. 4.6 V1P offers a holistic service that attempts to either address directly or at least signpost to appropriate services that can address all of these needs. It offers both welfare support from peer support workers and mental health support from mental health clinicians. All staff are employed by the National Health Service and adhere to the same policies and procedures. This helps the Veterans that attend in order to provide a co-ordinated and consistent service from all staff Listening to veterans needs:

35 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 V1P in prison

36 Questions Opportunities for partnership and good practice?
Workshop setting? Questions

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38 Child and Family Support Manager
Sarah Roberts Child and Family Support Manager

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42 Director of Strategy and Innovation
Ian Davidson Director of Strategy and Innovation

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