Scottish Criminal Justice – Page 3 – Seán Crossan's Scots Law

Scottish Criminal Court Statistics

The first quarterly bulletin detailing criminal court activity was published the week beginning 11 March 2019 by the Scottish Courts and Tribunals Services (SCTS).

The SCTS notes that:

“There were 109,881 first instance criminal cases registered in Scottish courts in 2017/18 which is 25% less than the number of cases registered in 2014/15 and 7% less than 2016/17. Most of the reduction in cases registered is attributable to changes in summary crime rather than solemn crime.”

A link to a commentary on these official statistics can be found below:

http://www.scotcourts.gov.uk/docs/default-source/aboutscs/reports-and-data/criminal-court-statistics/qcc01/scts-quarterly-criminal-court-statistics—bulletin-q1-2018-19.docx?sfvrsn=2

According to SCTS:

“The statistics in this bulletin do not have information relating to accused persons in terms of what they were charged with or their resulting conviction or sentence as there are already well–established National Statistics on these aspects of criminal justice. This bulletin does not cover court cases relating to civil business.“

See the Scottish Government’s website for statistics relating to criminal or civil justice:

http://www.gov.scot/Topics/Statistics/Browse/Crime-Justice

The SCTS goes on to say:

“This is the first bulletin in a new series of quarterly reports on criminal court activity and can be viewed within the ‘Statistics’ section of webpage“:

http://www.scotcourts.gov.uk/about-the-scottish-court-service/reports-data.

Life should mean life?

Photo by Carles Rabada on Unsplash

What does a life sentence for homicide in Scotland actually mean?

Members of the public may scratch their heads when they are reading, viewing or hearing media reports about judges sentencing murderers. Does a 27 year prison sentence represent an adequate punishment in relation to a particularly horrific killing?

I use the figure 27 years quite deliberately because this was the sentence imposed on the murderer, Aaron Campbell, by Lord Matthews at the High Court of Justiciary on 21 March 2019. Campbell was convicted of the abduction and homicide of 6 year old Alesha MacPhail on the Isle of Bute in the summer of 2018.

What perhaps many people fail to realise is that when Lord Matthews imposed the prison sentence on Campbell, for the crime of homicide, this is merely the minimum term which he must serve before he is eligible to apply for parole. It does not mean that Campbell will be released in 27 years. His detention will merely be reviewed. He could be released, but this may well be on licence i.e. subject to very restrictive conditions. Any future Parole Board may well decide that it is not safe or appropriate to release this individual back into society in July 2045- or ever for that matter. The Parole Board May conclude that Campbell can never be rehabilitated.

In a previous post published on 4 March 2019 (Commit the crime, do the time?), I highlighted the fact that judges must work within sentencing guidelines laid down in legislation or developed by the Scottish Sentencing Council. Lord Matthews is a very experienced and senior member of the High Court of Justiciary and would have been well aware of these factors when sentencing Campbell.

A link to a BBC article about the sentencing of Aaron Campbell and footage of Lord Matthews’ sentencing statement can be found below:

Alesha MacPhail murder: Life sentence for Aaron Campbell after he admits guilt

Aaron Campbell was told that he would have to serve at least 27 years before he could apply for parole.

Lord Matthews’ sentencing statement can also be read on the website of the Judiciary of Scotland:

http://www.scotland-judiciary.org.uk/8/2163/HMA-v-Aaron-Campbell

Copyright Seán J Crossan, 21 March 2019

Crime and … kindness?

An interesting article from BBC Scotland today concerning the visit to this country of two American judges. Nothing unusual or out of the ordinary about this you might retort. Cultural and professional exchanges can be numbered in the thousands every single year.

What’s really interesting about this visit is that the judges – Victoria Pratt and Ginger Lerner-Wren have been invited to Scotland by Community Justice Scotland, a publicly funded body, where they are hoping to meet hundreds of people who deal with the Scottish criminal justice system.

The two judges are keen to emphasise that there should be more compassion in the criminal justice system when dealing with offenders. They point to impressive results in the United States – a New York court alone has seen a dramatic decrease of 20% in youth crime and a 10% reduction in crime overall by using radical methods to deal with offenders. One of the judges, Ginger Lerner-Wren established one of the first mental health courts anywhere in the world. The aim of this court (based in Florida) was to promote treatment of offenders as an alternative to traditional forms of punishment. Judge Pratt, on the other hand, specialises in “procedural justice”.

What is procedural justice?

According to the BBC article it means “that if people before the courts perceive they are being treated fairly and with dignity and respect, they’ll come to respect the courts, complete their sentences and be more likely to obey the law.”

Readers of this blog will be aware that in an earlier entry (The Demon Drink), I drew attention to Glasgow Sheriff Court’s Alcohol Court where a difference in approach to crimes involving alcohol and domestic violence is being pioneered. It is in this kind of tradition that the American judges are working.

A link to the article on the BBC website can be found below:

The ‘kindness’ judges turning courts inside out

Two top judges are in Scotland to share expertise on “procedural justice” which encourages respect in court.

A link to the website of Community Justice Scotland can be found below:

https://communityjustice.scot/

Copyright – Seán J Crossan, 12 March 2019

Crime and Punishment in Scotland

Photo credit by niu niu on Unsplash

In Chapter 1 of Introductory Scots Law, the Scottish criminal justice system is discussed.

As of today (29 January 2019), the Scottish Government has published its annual statistics on the number of accused persons who have made an appearance before Scotland’s criminal courts. The statistics cover the period 2017/18.

The figures clearly demonstrate three things:

1. Fewer people in Scotland are being charged with criminal offences (a decrease of 11% from 2016/17);

2. There is a decrease in the number of guilty verdicts being handed down by the Scottish criminal courts (a reduction of 10% from 2016/17); and

3. There has been a significant reduction in the number of community sentences (a decrease of 10% from 2016/17).

These figures are in marked contrast to media grabbing headlines such as the one in The Scottish Daily Express on 12 May 2018 which highlighted the fact that the Renfrewshire and Inverclyde Police Division had the highest murder rate (11 homicides) in the UK for 2017/18!

A link to the Scottish Government’s statistics can be found below:

https://www2.gov.scot/Publications/2019/01/2354/2

A link to the BBC website providing analysis and commentary can be found below:

How are Scotland’s courts dealing with offenders?

Community sentences drop as figures show another decline in the number of people appearing in criminal courts.

Scottish Criminal Appeals

Photo by David von Diemar on Unsplash

In two of my previous blogs (Life should mean Life? published on 22 March 2019 and Commit the crime, do the time? published on 4 March 2019), I discussed the sentencing process in relation to individuals who have been convicted of criminal offences in the Scottish Courts.

In Life should mean life?, I looked at the sentencing of the teenage murderer, Aaron Campbell by Lord Matthews in the High Court of Justiciary in Glasgow. Campbell was convicted of the murder of 6 year old Alesha MacPhail. Lord Matthews imposed a prison sentence of 27 years on Campbell. This is the minimum term which Campbell must serve before he is eligible to apply for parole. It does not mean that he will be released at the end of this term.

We learned today (4 April 2019), that Campbell‘s legal team has lodged a note of appeal against his sentence. He is not appealing against his conviction.

It will be interesting to see whether the Criminal Appeal Court of the High Court of Justiciary upholds the original prison term. There is always a risk for appellants like Campbell that the Criminal Appeal Court may increase his prison term.

A link to a BBC article discussing Campbell’s appeal can be found below:

Alesha MacPhail killer Aaron Campbell lodges appeal against sentence

Aaron Campbell, 16, is challenging the 27-year jail term he received for the murder of six-year-old Alesha MacPhail.

Postscript

On Tuesday 10 September 2019, Aaron Campbell successfully appealed against the length of the life sentence (27 years) that Lord Matthews had imposed on him following his trial and conviction for murder at the High Court of Justiciary in Glasgow. His prison sentence was reduced by 3 years. This decision was made by 3 senior Scottish judges sitting in the Appeal Court of the High Court of Justiciary in Edinburgh

Please see the link below to an article on the BBC website about the story:

Alesha MacPhail killer has sentence cut by three years