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The role of Justice of the Peace Court
within the Scottish Legal System
and the community
Justice of the Peace Court
1. Setting the scene
2. Background to JP Court
3. Jurisdiction
Summary Criminal Procedures
Civil Proceedings
4. Impact on Community Residents including Veterans and service
personnel
Population Scotland
= 5,295,403
Scottish Courts Statistics - 2014
Criminal Reports to Crown Office
Procurator Fiscal Service (COPFS)
2014:= (includes multi offenders) 293,672
Complaints received at JP Court
= 65,000
£7,100,000 = value of fines imposed
JP Courts deal with a high volume of relatively minor criminal offences.
Justice of the Peace Court - Background
 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.
Bangalore Principles of Judicial Conduct
 JPs are lay magistrates – they are volunteers. Selection criteria for new
Justices are based on their:
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)
SCOTTISH COURTS WITH CRIMINAL JURISDICTION
Procurator Fiscal Allocates
Non-Court Disposal


Prosecution
Warning
Fixed penalty
 Conditional offer
High Court
Sheriff/
Sheriff & jury
J.P.Court
JURISDICTION of the Justice of the Peace Court
JPs generally sit as the solo judge - some areas have three on the
bench
JP Courts are located throughout Scotland
Criminal Proceedings
Common Law &
Statutory Offences
Civil Proceedings
Applications for Court Order
under s.49 of Civic Government
Act 1982 - Dangerous and
annoying creatures
Sentences:Max: £2,500 / 60 days imprisonment
Make an Order
Criminal Proceedings
COMMON 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 Proceedings
STATUTORY 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 PROCEDURE
Accused is
Cited to attend Court
Plea
Guilty plea
30%
Sentence
Not Guilty plea
Intermediate Diet - court
Defer
sentence
Not guilty plea
Trial diet - court
Found Guilty
Sentence
Defer
Sentence
10%
Found Not Guilty
or Not Proven - no further
action
Guilty plea
20%
Sentence
NG Plea
Accepted by
PF- no further
action
Defer
sentence
Possible
discounts
for early
guilty plea
CIVIL PROCEEDINGS
Dangerous 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;
- imprisonment;
- compensation;
- probation;
- endorsements (points)on driving licences and disqualification,
Statistics relating to Armed Forces Community
Justice of the Peace Courts
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
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 income
 Disqualification - Loss of driving licence
 Criminal Record – including for those admonished
APPEALS/Proof hearings
Appeals 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
Veteran Mental Health
Alex Quinn
Consultant Forensic Psychiatrist
The Orchard Clinic
HMP Edinburgh
Authors
Rate of
mental
disorder
Fazel and
Danesh 2002
Psychosis
Major
depression
3.7% men
4.0%
women
10% men
12% women
Neurotic
illness 26%
38%
40%
neurotic
disorder
63% alcohol
abuse
43% drug
dependance
Brooke,
Taylor
1996
63%
5%
Parsons,
Walker and
Grubin 2001
59%
11%
Singleton et
al
1998
7%
Substance
misuse
Personality
Disorder
65%
(47% ASPD)
42%
(21% ASPD)
11%
Rates of Mental illness in prison
Meta-analysis BJPsych 2009 Simon and
Czobor
 Pooled prevalence 2.5% (95% CI2.1-3.1)

3-5%
Prevelence of ADHD in community
Authors
Numbers and
location
Method of
Diagnosis
Prevelence
Cahill and Coolidge
et al 2012
3962 adult prisoners
Florida
Self report
CCI 250 item
(Coolidge
Correctional
Inventory)
10.5%
Rosler and Retz
2004
183
Germany
DSM IV
45%
Young and
Gudjonsson
2009
198
Scotland
DSM 1V checklist of
symptoms
23%
Ginsberg and
Hirvikoski
2010
315
Norrtalje prison,
Sweden
Adult ADHD Self
Report Screener +
clinical assessment
Estimated 40%
Eyestone and Howell
1994
102
Utah State Prison
Adult problems list
Semi structured
interview
25.5%
Prevelence of ADHD in Prison
Prevalence of personality
disorder
General population
• 5 – 10%
Primary care
• 20-30%
Mental health out-patients
• 30-40%
Mental health in-patients
• 40-50%
Prisons
• 25-75%
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 nurses
2 sessions of consultant psychiatrist
Therapeutic skills available in Forensic Psychology
colleagues, but pressed for prison functions
Offending behaviour programs-limited for women in
HMP Edinburgh
No Clinical Psychology-but changing….
Some third sector possibilities, but little else “NHS”

Severe
and
enduring

untreatable
Transfer
to hospital
Severe and enduring group have well
established patient pathways
 Treatable? Remain in custody
 Untreatable in custodial context-transfer to appropriate
level of security
Remit
Clear Patient Pathways for the acutely
unwell
 Relatively timely transfer to secure care
compared to England
 Well resourced units to provide care

Severe and Enduring-
For those
requiring Hospital care

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.
Patient Pathways otherwise less
clear
Charlie Allanson-Oddy
Consultant Psychological
Therapist and Service Lead
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
Veterans First Point
Veterans Advisory Group (2007) highlighted three issues which
any development would need to address:
Co-Ordination
Credibility
Accessibility
Listening to veterans needs:

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
V1P in prison
Opportunities for partnership
and good practice?


Workshop setting?
Charlie.AllansonOddy@nhslothian.scot.nhs.uk
0131 220 9920
Questions
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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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