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