- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 September 2002
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Current Status:
Answered by Jim Wallace on 18 September 2002
To ask the Scottish Executive when it will issue bail guidelines.
Answer
As indicated in the answer given to question S1W-28351 on 9 September 2002, the Executive does not issue guidelines to the judiciary on judicial matters. In Scotland, judicial decisions on bail are governed by the relevant legislation and case law.The Lord Advocate has no plans to issue further guidance to procurators fiscal as to the attitude they should adopt when the courts are considering the grant of bail.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 September 2002
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Current Status:
Answered by Jim Wallace on 18 September 2002
To ask the Scottish Executive whether a bail hearing in respect of an indictable offence and a bail application in an appeal against a conviction on indictment should be heard in public and what action it is taking on this issue.
Answer
Where a person is accused on petition, all pre-trial procedures are held in private including the consideration of applications for bail. This is because bail applications are considered at hearings which also cover confidential matters.Where a person convicted on indictment applies for interim liberation pending the determination of his appeal, his application is considered in private by the court on the basis of a written submission. I understand that the Crown have a system in place for alerting victims and next of kin when a person convicted of a serious crime is granted interim liberation pending appeal.We are currently considering the full range of issues around interim liberation on bail, in consultation with the Lord Justice General.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 September 2002
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Current Status:
Answered by Jim Wallace on 18 September 2002
To ask the Scottish Executive what facilities for access for disabled people there are in Lochmaddy, Tain, Dingwall and Portree Sheriff Courts.
Answer
I have asked John Ewing, Chief Executive of the Scottish Court Service to respond. His response is as follows:Tain Sheriff Court has no facility to allow easy access for disabled persons. However Lochmaddy, Dingwall and Portree all have disabled access into the building and disabled toilet provisions. In addition Portree has a stair lift to gain access to the courtroom on the first floor.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 September 2002
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Current Status:
Answered by Jim Wallace on 18 September 2002
To ask the Scottish Executive which courts do not currently have custody suites and what action is being taken to provide such suites.
Answer
I have asked John Ewing, Chief Executive of the Scottish Court Service to respond. His response is as follows:A number of rural courts have custody suites within the court building. Eleven rural sheriff courts do not have custody holding facilities within the court building. Nine of these (Duns, Fort William, Jedburgh, Kirkwall, Lerwick, Oban, Portree, Stonehaven and Wick) are adjacent to the local police station from which prisoners in custody can be taken into the court without using the public courthouse. In the case of Peebles and Rothesay prisoners are held in the police station which is located a short distance from the court.The Scottish Court Service is currently reviewing the custody accommodation across the court estate in consultation with the police to determine what, if any, improvements to that accommodation is required. No decisions have yet been taken on whether it will be necessary to provide such accommodation in locations other than Peebles.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 September 2002
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Current Status:
Answered by Jim Wallace on 18 September 2002
To ask the Scottish Executive what alternatives to facilitating access for disabled people to court-related matters have been considered for Peebles Sheriff Court.
Answer
I have asked John Ewing, Chief Executive of the Scottish Court Service to respond. His response is as follows:The feasibility study, which was commissioned after the discovery of dry rot, was prepared with regard to the requirements of the Disability Discrimination Act and contains proposals to comply with the requirements of the legislation. No further report has been commissioned.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 September 2002
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Current Status:
Answered by Jim Wallace on 18 September 2002
To ask the Scottish Executive whether it will list any sheriff courts except Peebles where access for disabled people is still required, giving in each case the access requirements and the cost of providing such access.
Answer
I have asked John Ewing, the Chief Executive of the Scottish Court Service to respond. His response is as follows:The Scottish Court Service is currently assessing the scale and extent of the work required to bring the court up to the level of compliance required by the Disability Discrimination Act. In most courts there is already disabled access to the sheriff clerk's offices but in other cases work may be needed to extend the access to a wider range of courts, jury rooms and witness accommodation. The full extent of work needed and costings have yet to be determined. The following table lists the courts where work is likely to be required.Facilities for the Disabled
Location | Disabled Access to Jury and Witness Rooms | Disabled Access to Courts | Disabled Access to General Office |
Aberdeen | Yes | Yes in Cts 2,3 4 & 7 | Yes |
Airdrie | Yes | Yes but not Ct 4 | Yes |
Alloa | No | No | Yes |
Banff | Yes | Yes | Yes |
Campbeltown | No | Yes | Yes |
Cupar | No | Yes | Yes |
Dingwall | No | No | Yes |
Dornoch | No | No | Yes |
Dumfries | Ct 1 only | Ct 1 only | Yes |
Dunoon | No | No | Yes |
Duns | No | No | - |
Elgin | Yes | Yes | Yes |
Forfar | Ct 1 only | Yes | Yes |
Fort William | No | No | Yes |
Greenock | Only 1 | Yes | Yes |
Hamilton | Not Ct 2, 4 | Yes but not Ct 4 | Yes |
Inverness | Not Ct 1, 3 | No | Yes |
Kilmarnock | Yes | No | Yes |
Kirkcaldy | Ct 2 & 3 only | Ct 1 only | Yes |
Kirkcudbright | No | No | Yes |
Kirkwall | No | No | No |
Lanark | Ct 3 only | No | No |
Lerwick | No | No | Yes |
Linlithgow | Yes | Yes | Yes |
Lochmaddy | No | No | No |
Oban | No | No | Yes |
Paisley | Yes | Yes | Yes |
Peebles | No | No | Yes |
Portree | Yes but too small | Yes | Yes |
Rothesay | No | No | Yes |
Selkirk | No | No | Yes |
Stirling | One Ct | One Ct only | Yes |
Stonehaven | No | No | No |
Stornoway | No | Yes | Yes |
Stranraer | No | No | Yes |
Tain | No | No | Yes |
Wick | No | No | Yes" |
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 September 2002
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Current Status:
Answered by Jim Wallace on 18 September 2002
To ask the Scottish Executive what special arrangements are being made to facilitate access for disabled people to all courts.
Answer
I have asked John Ewing, Chief Executive of the Scottish Court Service to respond. His response is as follows:The Scottish Court Service is currently undertaking an audit of the Court estate to determine the scale and extent of work required throughout the Estate to ensure compliance with the Disability Discrimination Act. Additional resources have been provided to the Court Service to enable any reasonable and necessary adaptations to proceed. The information is not collected centrally in respect of District Courts as responsibility for this rests with the relevant local authority.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 September 2002
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Current Status:
Answered by Jim Wallace on 18 September 2002
To ask the Scottish Executive, further to the answer to question S1W-27460 by Mr Jim Wallace on 6 August 2002, what criteria are applied to determine "level of business".
Answer
In determining the level of business conducted in any sheriff court consideration is given to the wide range of criminal and civil business which may be conducted in the court. This covers procedural hearings as well as those required for determining the case. Regard is also had to the level of administrative work carried out by the court in respect of matters which may not require an appearance before the sheriff in court.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 September 2002
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Current Status:
Answered by Jim Wallace on 18 September 2002
To ask the Scottish Executive, further to the remarks by the Deputy First Minister in the debate on Peebles Sheriff Court on 27 June 2002 (Official Report, col 13282), when the Scottish Court Service will issue the consultation paper on alternatives for the provision of court services in Peebles given that it was to be done "as soon as possible"; who will be consulted; what the timetable for the consultation will be, and whether the consultation paper will include a full background and analysis of issues including court time spent discussing settlements and accelerating cases which reduces court sittings.
Answer
The consultation paper on the delivery of court services in the Peebles area is currently being finalised and should be issued by the end of September. It will be circulated to a wide range of bodies and individuals who have expressed an interest in this topic, including the judiciary, local magistrates, court users such as local solicitors as well as statutory authorities such as Borders Council, Lothian and Borders Police and the Procurator Fiscal Service. Copies of the consultation paper will also be sent to local members of the Scottish and UK Parliament. In addition copies will be made available at the Sheriff Clerk's office in Peebles and Selkirk for the public.The duration of the consultation period will be a minimum of 12 weeks from date of issue. The paper will contain statistical information on the wide range of business transacted at the court in addition to information on court sitting times.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 September 2002
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Current Status:
Answered by Ross Finnie on 18 September 2002
To ask the Scottish Executive whether development is being delayed in the Scottish Borders Council area owing to lack of further sewerage capacity in some towns and villages and what action it is taking in respect of this matter.
Answer
The information requested is not held centrally. I refer the member to the answer given to question S1W-28957 today. All answers to written PQs are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/search_wa.