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

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Presentation on theme: "1. The role of Justice of the Peace Court within the Scottish Legal System and the community."— 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 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

4 Complaints received at JP Court = 65,000 £7,100,000 = value of fines imposed Population Scotland = 5,295,403 Scottish Courts Statistics 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.

5 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

6 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:

7 SCOTTISH COURTS WITH CRIMINAL JURISDICTION

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

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 Sentence Not Guilty plea NG Plea Accepted by PF- no further action Intermediate Diet - court Guilty plea Not guilty plea Trial diet - court Found Not Guilty or Not Proven - no further action Found Guilty Sentence Defer Sentence Defer sentence Sentence 30% 20% 10% 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 “ 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,

15 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% = x 3% = 195 veterans = potentially 195 veterans were referred to the JP Court in 2014 Justice of the Peace Courts

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

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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 AuthorsRate of mental disorder PsychosisMajor depression Substance misuse Personality Disorder Fazel and Danesh % men 4.0% women 10% men 12% women 65% (47% ASPD) 42% (21% ASPD) Brooke, Taylor %5%Neurotic illness 26% 38%11% Parsons, Walker and Grubin %11% Singleton et al %40% neurotic disorder 63% alcohol abuse 43% drug dependance

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

25 Prevelence of ADHD in Prison AuthorsNumbers and location Method of Diagnosis Prevelence Cahill and Coolidge et al adult prisoners Florida Self report CCI 250 item (Coolidge Correctional Inventory) 10.5% Rosler and Retz Germany DSM IV45% Young and Gudjonsson Scotland DSM 1V checklist of symptoms 23% Ginsberg and Hirvikoski Norrtalje prison, Sweden Adult ADHD Self Report Screener + clinical assessment Estimated 40% Eyestone and Howell Utah State Prison Adult problems list Semi structured interview 25.5%

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. (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 Severe and enduring Transfer to hospital untreatable

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

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.

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

34 Listening to veterans needs: Veterans Advisory Group (2007) highlighted three issues which any development would need to address: CredibilityAccessibility Co-Ordination

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

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

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38 38 Sarah Roberts Child and Family Support Manager

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42 Ian Davidson Director of Strategy and Innovation

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