REFORM JUSTICE: Scottish Government announce host of justice sector reforms - including register of judges’ interests, reform to regulation of lawyers & legal profession, Police complaints transparency & consultation on not-proven trial verdict

Justice reforms announced by Scottish Govt. PUBLIC CONSULTATIONS and key reforms to Scotland’s justice sector have been announced in the Scottish Government Work Programme 2021-2022 - including a register requiring all Scottish judges to declare their interests, and long awaited reforms to how Scotland’s lawyers investigate themselves.

In relation to regulation of the legal profession - the Scottish Govenrment Work Programme document states: “..we will also launch a public consultation on reform of legal services regulation, expected later in 2021, to consider what changes may be required to the statutory framework to protect consumer interests and promote a flourishing legal sector.”

And, on the subject of transparency and accountability in Scotland’s courts – the Ten year investigation of Scotland’s judiciary by the media and a petition to require judges to register and publish all their interests - backed by Scottish Parliament’s Public Petitions Committee – has contributed to action in the form of a committment to create the judicial interests register for all members of Scotland’s judiciary.

The Work Programme document states “To safeguard the independence and reputation of the judiciary, we will begin work on establishing a register of interests of its members to increase public confidence and improve transparency.”

Petition PE1458 was originally lodged at the Scottish Parliament in 2012. The Petition calls for the creation of a publicly available register of judicial interests – containing information on all judges’ backgrounds, figures relating to personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, membership of organisations, property and land, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

An earlier report on Petition PE 1458 and the committment to create a register of judges’ interests can be found here: JUDICIAL REGISTER: Scottish Government confirm Register of Judges’ Interests will be created - after Holyrood TEN YEAR probe of judicial interests & recusals survives lobbying by legal vested interests to close public interest transparency petition

The package of measures also include body worn cameras and reforms to complaints handling for Police Scotland, legislation to pardon Miners from convictions & unfair treatment suffered as a result of their participation in the 1980’s strikes, increased access to justice for court users & a re-visit of earlier proposals to reform the law of corroboration – where evidence must be verified from two independent sources.

The proposals can be found in the Scottish Government’s 2021-2022 work programme, available here: Scottish Government Work Programme 2021-2022

The full text of the Scottish Government’s Reforming the Justice System to Make Scotland Fairer, Safer & More Equal:

“We are proud of Scotland’s justice system and our distinctive Scots law. We will build on their foundations to bring in targeted reforms aimed at making Scottish justice still stronger and better.

During this year, we will launch a public consultation on the three verdict system and whether the not‑proven verdict should be abolished.

We will also consider reform of the corroboration rule, engaging with justice partners, opposition parties and people with direct experience of the criminal justice system to develop a shared understanding of the evolving legal position, and the implications and potential unintended consequences of corroboration reform, including in relation to sexual crimes.

The Scottish Government’s law officers, amongst other roles, act as the head of the independent prosecution service and as members of the Scottish Government. We will consult on whether the prosecution and government functions of the law officers should be separated.

We have already begun to address the backlog of court cases that accumulated during the pandemic, providing £50 million this year to help drive forward recovery.

We will review how offending is dealt with by the summary justice process, to make access to justice as efficient and effective as possible.

We will engage with both legal professionals and victim support organisations to review the Legal Aid system, and will introduce a Legal Aid Reform Bill in this Parliament, ensuring that the system is flexible, easy to access and meets the needs of those who use it.

And we will also launch a public consultation on reform of legal services regulation, expected later in 2021, to consider what changes may be required to the statutory framework to protect consumer interests and promote a flourishing legal sector.

Access to the courts is an important part of upholding individual rights and the rule of law; but there are times when other non‑litigious means of resolving disputes are preferable, notably in non‑criminal proceedings.

The Scottish Government will work with stakeholders to expand the availability of mediation and arbitration services within the civil justice system. The Scottish Government is working with stakeholders, and will consult on future changes as appropriate, to give people access to flexible, affordable and less stressful means of settling disputes, benefiting them and saving time in courts.

To safeguard the independence and reputation of the judiciary, we will begin work on establishing a register of interests of its members to increase public confidence and improve transparency.

Scotland’s police officers work hard every day to keep their communities safe, and have shown a strong, rights‑based approach to compliance during the pandemic. We will work to build on that model of policing by consent. To better understand and service the needs of our communities, we will support Police Scotland and wider partners to improve the diversity of their workforce and to enhance the quality of data across the justice system.

We will support Police Scotland and wider partners to build on improvement work in response to Dame Elish Angiolini’s review. We intend to accept and implement the majority of Dame Elish’s findings following consultation in 2022. This will include bringing forward a Bill and Regulations to promote fairness and transparency and strengthen public confidence in our Police.

We want Scotland’s police force to benefit from and take advantage of new technologies, such as body‑worn video, but to do so in a controlled way that commands public confidence. The Independent Advisory Group on Emerging Technologies will report to Ministers in 2022, recommending changes that should be made to existing legislative frameworks and policing practices: we will respond to its findings and act to ensure there is robust scrutiny and oversight where new technology is adopted.

We will also address the disproportionate consequences and stigma suffered by many miners as a result of their participation in the 1984‑85 strike. We will bring forward a Miners’ Strike Pardon Bill, and implement the pardon as soon as practicable should it become law – restoring the good name of the miners, and bringing comfort to their friends and families, and to former mining communities.

We will also support and resource the Sheku Bayoh Public Inquiry in its thorough scrutiny of the circumstances of his tragic death.”

With regard to the consultation later this year on how to reform regulation of legal services & solicitors – readers with experience of how complaints are handled by the Scottish Legal Complaints Commission, Law Society of Scotland, and Faculty of Advocates – should ensure their views are made known to the consultation when it is launched by the Scottish Government.

Anyone with cases which involve questions relating to Scotland’s judiciary, the conduct of judges in court, conflicts of interest & related issues should continue to email material to this blog for further study and reporting as appropriate.