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22 July 2008
Sheriffs ‘right to speak out on fiscal fines’
Sheriffs should have the right to speak out if they feel justice has not been served by the imposition of fiscal fines, according to Victim Support Scotland (writes Alan Wilson).
The group, which looks after victims of crime, was responding to Sheriff Richard Davidson’s recent expression of disquiet about the Procurator Fiscal Service in Tayside.

Dundee solicitors have commented on a “dramatic” drop in court cases while more offences are dealt with by way of fiscal fine — a financial penalty which, if accepted, is not recorded as a criminal conviction.

They believe it is more an exercise in cost-cutting than an attempt to streamline justice.

David Sinclair of Victim Support Scotland said, “We believe fiscal fines were introduced to deal with petty offences and to remove from prison the number of people who are not helped by, and clog up, the prison system, which then prevents the heaviest possible sentences for those who commit the most serious crimes.

“We are not aware of any differences across Scotland but we are supporters of the fiscal fines system.

“It would be our fervent hope that the victims of crime will see that petty offenders are being dealt with in the most appropriate way via this system.”

Sheriff Davidson, who has made a habit of speaking from the bench on contentious issues, said the Lord Advocate or Justice Secretary Kenny MacAskill should explain why Tayside was out of step with the rest of the country.

The Dundee fiscal’s office has refused to say how many fines it has imposed this year in comparison with previous years, or how many of those were for crimes of violence or how decisions were reached.

That, in turn, has raised issues about the fiscal service’s accountability. The fiscal service said information about the summary justice reforms would be published in around three months.

Depute fiscal Ian Wallace said explaining its policy on fiscal fines would give offenders information that might be used to their advantage.

Yesterday, while dealing with a case in court, Sheriff Davidson said he was aware the situation in Dundee had been causing concern to senior members of the bar and sheriffs “for some time”.

A Scottish Government spokesman said reforms now provided for tougher fiscal fines and compensation orders.

He added, “Police, prosecutors and court staff have been working hard to implement the reforms, which are beginning to tackle the significant problems faced under the old system, where lengthy delays and repeated adjournments obstructed efficient, effective justice, caused added distress to victims and witnesses and left police languishing in court waiting rooms rather than in our communities.

“It is neither appropriate, nor possible for government to comment on individual decisions of fiscals.

“Clearly, the reforms have only recently been introduced and we understand their application locally is being closely monitored and reviewed by area procurators fiscal.

“We welcomed the assurances from Scotland’s law officers that immediate action would be taken if inappropriate decisions or errors were made in particular cases.”

A Crown Office spokesman was not prepared to respond to Sheriff Davidson’s comments, but said regional statistics for the summary justice reforms would be published in the autumn.