- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 November 1999
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Current Status:
Answered by Jim Wallace on 29 November 1999
To ask the Scottish Executive whether temporary sheriffs sat more in certain areas of Scotland than others, and whether the recent ruling against the use of temporary sheriffs will result in a disproportionate amount of pressure in the courts of certain areas and, if so, whether it will take immediate action to stop this happening.
Answer
Temporary Sheriffs have been deployed wherever required to cover for the absence of permanent Sheriffs or where exceptional caseloads have had to be dealt with. It follows that some courts have made more use than others of temporary Sheriffs. The Sheriffs Principal and Sheriff Court staff have already taken steps to re-schedule business and provide permanent Sheriff cover for courts with greatest need.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 November 1999
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Current Status:
Answered by Jim Wallace on 29 November 1999
To ask the Scottish Executive whether it agrees with the recent ruling that temporary sheriffs cannot be independent.
Answer
I shall make a further statement on this matter once we have considered the judgements issued by the High Court on 11 November and a decision has been taken on the question of an Appeal to the Judicial Committee of the Privy Council.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 November 1999
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Current Status:
Answered by Jim Wallace on 29 November 1999
To ask the Scottish Executive what percentage of the time of the sheriff courts was taken up with cases before temporary sheriffs for each of the last three years, how many full time sheriffs would have to be appointed to meet the shortfall arising as a result of the recent ruling against the use of temporary sheriffs, and whether it will ensure that there will be sufficient full time sheriffs to cover the withdrawal of temporary sheriffs.
Answer
On average temporary Sheriffs have provided between 20% and 25% of the sitting days in the Sheriff Courts. The use of temporary Sheriffs for new business has been suspended whilst Ministers consider the implications of the judgements issued by the High Court on 11 November. The appointment of 10 new floating Sheriffs will compensate to some extent for the loss of the services of temporary Sheriffs. Ministers will consider the case for further appointments after a decision has been taken whether or not to appeal against the High Court ruling and in the light of further experience of the measures already taken.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 November 1999
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Current Status:
Answered by Jim Wallace on 29 November 1999
To ask the Scottish Executive whether it is under an obligation to implement any and every ruling in Scotland arising out of the European Convention on Human Rights.
Answer
Section 57 of the Scotland Act provides that members of the Scottish Executive have no power to make any subordinate legislation or to do any other act so far as the legislation or act is incompatible with the rights and freedoms set out in the European Convention of Human Rights (the Convention rights). In addition, section 29 of the Scotland Act provides that an Act of the Scottish Parliament is not law so far as any provision of it is incompatible with any of the Convention rights.
It follows that if a court finds that a member of the Executive has acted in a way which is incompatible with any of the Convention rights, it may strike down the action in question as ultra vires and of no effect. It also follows that an Act of the Scottish Parliament would not be law so far as any provision of it was found by a court to be incompatible with any of the Convention Rights.Under section 102 of the Scotland Act, if a court decides that an Act of the Scottish Parliament or any provision of such an Act is not within the legislative competence of the Parliament or that a member of the Scottish Executive does not have the power to make, confirm or approve a provision of subordinate legislation that he has purported to make, confirm or approve, the court has power to make an order removing or limiting any retrospective effect of the decision or suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 November 1999
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Current Status:
Answered by Jim Wallace on 29 November 1999
To ask the Scottish Executive whether it will guarantee that convicted and sentenced prisoners will not be released into the community as a result of the recent ruling against the use of temporary sheriffs, and whether it will detail what percentage of prisoners convicted within the last year appeared before temporary sheriffs.
Answer
Anyone imprisoned following conviction by a temporary sheriff is detained under a valid warrant and must continue to be detained in the absence of a successful appeal against conviction. It is, of course, for the Appeal Court to determine the outcome of any such appeals. Information is not readily available on the percentage of convicted offenders dealt with by temporary sheriffs.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 November 1999
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Current Status:
Answered by Jim Wallace on 29 November 1999
To ask the Scottish Executive what contingency plans are being put in place to deal with the situation arising out of the recent ruling against the use of temporary sheriffs.
Answer
The Sheriffs Principal, who are responsible for the allocation of business in their Sheriffdoms, have adopted a number of measures to suit local circumstances. Criminal cases which might otherwise run into time-bar difficulties will be prioritised as will civil cases involving children. Permanent Sheriffs have postponed annual leave and suspended involvement in certain other activities which take them away from the Bench. The need for other measures will be kept under review on a daily basis.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 November 1999
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Current Status:
Answered by Jim Wallace on 29 November 1999
To ask the Scottish Executive whether it will guarantee that the recent ruling against the use of temporary sheriffs will not prevent criminal and civil cases being heard owing to a paucity of judges.
Answer
All the criminal and civil business which is brought before the court will be dealt with by the permanent Sheriffs.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 November 1999
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Current Status:
Answered by Andrew Hardie on 29 November 1999
To ask the Scottish Executive whether it is considering the possibility of emergency legislation following the recent ruling against the use of temporary sheriffs, and whether there will be an appeal against the ruling.
Answer
The recent decision by the High Court of Justiciary in relation to the use of temporary sheriffs remains under consideration. An appeal to the Judicial Committee of the Privy Council is competent and a decision on whether to pursue this will be made in due course. There are no plans for emergency legislation.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 November 1999
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Current Status:
Answered by Jim Wallace on 29 November 1999
To ask the Scottish Executive, following recent discussions between the Lord Advocate and the Sheriffs Principal, what further measures, if any, in addition to any contingency plans will or may be put in place following the recent ruling against the use of temporary sheriffs.
Answer
A total of 10 new permanent posts are being created. Sheriffs Principal are submitting proposals to Ministers for the initial deployment of these new Sheriffs who will be able to serve anywhere in Scotland, as the need arises.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 November 1999
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Current Status:
Answered by Andrew Hardie on 26 November 1999
To ask the Scottish Executive, following the suspension of Scotland's temporary sheriffs, whether a guarantee will be given that all of those charged with crimes of violence will have their cases brought to court satisfying the 110 day rule.
Answer
The recent decision of the High Court in the case of Starrs and Chalmers against the Procurator Fiscal at Linlithgow does not affect the preparation of cases for trial in the High Court or Sheriff Court.Steps have been taken to ensure that Judges and Sheriffs are available to hear timeously all such cases which are affected by the 110 day rule or the 40 day rule which affects summary custody cases.
