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Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007

rose to move, That the Grand Committee do report to the House that it has considered the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007. The noble Baroness said: I am delighted to move this order. I wonder whether this is the first time that I have had the opportunity to serve under the chairmanship of my noble friend Lady Gibson. I hope that I will be able to behave myself properly in her Committee. The order is made under Section 104 of the Scotland Act, which allows for necessary or expedient changes in consequence of an Act of the Scottish Parliament. The order is made in consequence of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, an Act of the Scottish Parliament that received Royal Assent on 22 February 2007. The accompanying Explanatory Memorandum wrongly stated that Royal Assent was given on 27 February. Noble Lords will be keen to know that detail. The Act contains provisions to establish justice of the peace courts, which will gradually replace district courts in Scotland. Under the Act, many of the cases that JPs currently deal with will not be handled in court, allowing JPs to hear more serious cases that are usually heard in sheriff courts. To make that happen, the Act includes a number of provisions to improve the training and recruitment of JPs and to introduce a system of appraisal for JPs. The Act also gives Scottish Executive Ministers the power to increase JPs’ custodial sentencing powers from two months to six months. While the Act will make provisions within devolved competence to facilitate the transition from districts courts to JP courts, provisions will also need to be made in reserved law. The order will make available powers to impose sanctions under the Road Traffic Offenders Act 1988. Currently, Section 10(2) of that Act prevents Scottish district courts from trying some offences involving the endorsement of driving licences unless they are fixed penalty offences. In addition, Section 50(b) of the 1988 Act provides that district courts cannot impose disqualification from driving, except where there are 12 or more penalty points to be taken into account. Those restrictions were put in place as it was previously considered that justices of the peace were not trained to a sufficient level to deal with such cases. In line with the changes that are being made to the lay justice system in Scotland, the Government and the Scottish Executive believe that it is right that JPs have all the appropriate powers at their disposal when hearing cases before them. This order will therefore amend the Road Traffic Offenders Act 1988 to ensure that justices of the peace can disqualify drivers and endorse driving licences. The same powers will also be made available to the remaining district courts to ensure that, during the phased transition of the JP courts, there are no regional disparities between the sentences that can be imposed. Finally, the Committee will have seen the Explanatory Memorandum to this order, which details the background to this policy. In an unusual move, the Merits Committee—of which I am proud to have been a member—praised the way in which the previous Scottish Executive had developed this policy in response to public consultation. That is worth noting. I hope that the Committee will agree that this order is a sensible use of the powers of the Scotland Act and that the practical result is to be welcomed. I commend the order to the Committee. Moved, That the Grand Committee do report to the House that it has considered the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007. 27th Report from the Statutory Instruments Committee.—(Baroness Morgan of Drefelin.)