Pilot scheme offers alternative to court

Apr 17 2008 By Alastair McNeill

HAMILTON procurator fiscal service is to take part in an alternative prosecution pilot over the next two years.

Under the scheme, prosecutors will have an array of measures available to them as alternatives to court-based disposals.

They include fines of a maximum of £300, and compensation orders of up to £5000.

Fiscal work orders offering an accused the choice of doing up to 50 hours of unpaid work in the community are also available.

The measures, part of Scottish Government summary justice reforms, will also be available to fiscals based in Inverness, Dumbarton and Linlithgow.

Area procurator fiscal for Lanarkshire, Janet Cameron, said this week the reforms would speed up the summary justice process for victims, witnesses and the accused.

She explained: “South Lanarkshire is one of four areas which will be piloting this new form of alternative prosecution.

“These fiscal orders are similar to community service orders.

“Whilst a community service order can only be imposed by a court, and is used in relation to more serious offences, the procurator fiscal can now offer an accused person the opportunity of doing a maximum of 50 hours unpaid work for the benefit of the community in relation to more serious offences.

“Along with the other powers in the new provisions, the work order builds more flexibility into the system.

“It allows the prosecutor to keep cases out of court when they need not go there, and deal with the conduct of the offender more effectively.”

Under the scheme, cases can also be transferred from a sheriff and jury to sheriff summary courts, and business reallocated to the district court.

“This will enable more time to be devoted to more serious cases,” Ms Cameron pointed out.

“The idea is to free up limited and expensive court time for more serious offences, such as serious assault and sexual offences, and to focus effort on persistent offenders.”