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 High Court Conditional offer 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 Civil Proceedings Common Law & Statutory Offences Sentences:- Max: 2,500 / 60 days imprisonment Applications for Court Order under s.49 of Civic Government Act 1982 - Dangerous and annoying creatures 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 Sentence Guilty plea 30% Defer sentence Accused is Cited to attend Court Plea Intermediate Diet - court Not guilty plea Guilty plea Not Guilty plea NG Plea Accepted by PF- no further action Sentence Found Guilty Trial diet - court Defer Sentence 10% Found Not Guilty or Not Proven - no further action 20% Sentence 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; - compensation; - imprisonment; - 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

Prison Psychiatry and Veteran Mental Health Alex Quinn Consultant Forensic Psychiatrist The Orchard Clinic

HMP Edinburgh

Authors Fazel and Danesh 2002 Brooke, Taylor 1996 Parsons, Walker and Grubin 2001 Singleton et al 1998 Rate of mental disorder Psychosis 3.7% men 4.0% women Major depression 10% men 12% women 63% 5% Neurotic illness 26% 59% 11% 7% 40% neurotic disorder Substance misuse 38% 11% 63% alcohol abuse 43% drug dependance Personality Disorder 65% (47% ASPD) 42% (21% ASPD) 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 Cahill and Coolidge et al 2012 Rosler and Retz 2004 Young and Gudjonsson 2009 Ginsberg and Hirvikoski 2010 Eyestone and Howell 1994 Numbers and location 3962 adult prisoners Florida 183 Germany 198 Scotland 315 Norrtalje prison, Sweden 102 Utah State Prison Method of Diagnosis Self report CCI 250 item (Coolidge Correctional Inventory) Prevelence 10.5% DSM IV 45% DSM 1V checklist of symptoms Adult ADHD Self Report Screener + clinical assessment Adult problems list Semi structured interview 23% Estimated 40% 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

Sarah Roberts Child and Family Support Manager 38

Ian Davidson Director of Strategy and Innovation