2 The role of Justice of the Peace Court within the Scottish Legal Systemand the community
3 Justice of the Peace Court Setting the sceneBackground to JP CourtJurisdiction- Summary Criminal Procedures- Civil Proceedings4. Impact on Community Residents including Veterans and service personnel
4 Scottish Courts Statistics - 2014 Population Scotland = 5,295,403Scottish Courts StatisticsCriminal Reports to Crown Office Procurator Fiscal Service (COPFS) 2014:-= (includes multi offenders) 293,672Complaints received at JP Court= 65,000£7,100,000 = value of fines imposedPreviously known as District CourtsDealing 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 officeof Sheriff, then held hereditarily by great landownersJPs 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 independenceImpartialityIntegrityProprietyEquality of treatmentCompetence 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 SessionThe 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 HouseThe 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.
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 ScotlandCriminal Proceedings Civil ProceedingsCommon Law & Applications for Court OrderStatutory Offences under s.49 of Civic GovernmentAct Dangerous andannoying creaturesSentences:-Max: £2,500 / 60 days imprisonment Make an Order
10 Criminal Proceedings COMMON LAW OFFENCES Acts which society deem wrong in themselves e.g.ASSAULTTHEFTFRAUDBREACH OF THE PEACEMaximum penalty - £2,500 fine / 60 days imprisonmentCase 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 isCited to attend CourtPleaGuilty pleaNot Guilty plea30%Defer sentenceIntermediate Diet - courtNG Plea Accepted by PF- no further actionSentenceNot guilty pleaGuilty pleaTrial diet - court10%20%Defer sentenceFound GuiltySentenceFound Not Guiltyor Not Proven - no further actionSentenceDeferSentencePossible 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 Courtc.65,000 complaints were dealt with in the Scottish JP courts 2014c.1700 Trials took place37,000 fines were imposed by JP court with a value of £7.1millionOther 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 Courts65,000 complaintsAssumption:-c.10% of the Scottish community are Military VeteransAssume 3% face criminal prosecution65,000 complaints x 10% = 65006500 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 debtDriving Licence Endorsement increases insurance premiumsCan lead to Job Loss - Loss of incomeDisqualification - Loss of driving licenceCriminal Record – including for those admonished
17 APPEALS/Proof hearings Appeals can be made against Conviction and SentenceJustice 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 papersChange of NameEmigration PapersUtility WarrantsArrest WarrantsSearch 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 youMost accused people attending the JP court do not have a lawyer and are generally unaware of help/support services available to them.
23 Rates of Mental illness in prison AuthorsRate of mental disorderPsychosisMajor depressionSubstance misusePersonality DisorderFazel and Danesh 20023.7% men4.0% women10% men12% women65%(47% ASPD)42%(21% ASPD)Brooke, Taylor199663%5%Neurotic illness 26%38%11%Parsons, Walker and Grubin 200159%Singleton et al19987%40% neurotic disorder63% alcohol abuse43% drug dependanceRates of Mental illness in prison
24 Prevelence of ADHD in community Meta-analysis BJPsych 2009 Simon and CzoborPooled prevalence 2.5% (95% CI )3-5%Prevelence of ADHD in community
25 Prevelence of ADHD in Prison AuthorsNumbers and locationMethod of DiagnosisPrevelenceCahill and Coolidge et al 20123962 adult prisonersFloridaSelf reportCCI 250 item(Coolidge Correctional Inventory)10.5%Rosler and Retz2004183GermanyDSM IV45%Young and Gudjonsson2009198ScotlandDSM 1V checklist of symptoms23%Ginsberg and Hirvikoski2010315Norrtalje prison, SwedenAdult ADHD Self Report Screener + clinical assessmentEstimated 40%Eyestone and Howell1994102Utah State PrisonAdult problems listSemi structured interview25.5%Prevelence of ADHD in Prison
26 Prevalence of personality disorder 5 – 10%General population20-30%Primary care30-40%Mental health out-patients40-50%Mental health in-patients25-75%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 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”
29 Remit Severe and enduring group have well established patient pathways Treatable? Remain in custodyUntreatable in custodial context-transfer to appropriate level of securityTransfer to hospitalSevere and enduringuntreatableRemit
30 Severe and Enduring- For those requiring Hospital care Clear Patient Pathways for the acutely unwellRelatively timely transfer to secure care compared to EnglandWell resourced units to provide careSevere 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 disorderNot surprisingSomewhat linked to need and riskDevelopment of systematised pathways for patient care focus for many servicesEstablishing firm throughcare arrangementsStrengthening links to the communityIncreasing 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 Group2009 Doors opened and referrals(Scottish Government and NHS Lothian)Welfare focus and mental health teamVeterans First Point
34 Listening to veterans needs: Veterans Advisory Group (2007) highlighted three issues which any development would need to address:Co-OrdinationLinda: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 staffListening to veterans needs:
35 V1P in prison HMP Edinburgh and HMP Addiewell Planning 2010 and begun 2011Liaison and advocacy and credible engagement‘Treatment’ effect by Veteran Peer Support and systemSecondary transition challengeV1P in prison
36 Questions Opportunities for partnership and good practice? Workshop setting?Questions