Lord Hamilton: ‘cuts can never be permitted to compromise justice in our courts’

Scotland’s senior judge has warned that justice must never be compromised by tightening budgets.

Lord Hamilton, the Lord President and Lord Justice-General, said efforts are continuing in the country’s top civil and criminal courts to stop taxpayers’ money being wasted.

Giving an address within the newly refurbished First Division courtroom in Parliament House, Edinburgh, to mark the opening of the new legal year, Lord Hamilton said: “A major challenge which faces the judiciary will be how it responds to the consequences of tightening budgets.

“Whatever these budgets may be, our duty, individually and collectively, to do justice in our courts can never be permitted to be compromised. But we may be able to discharge that duty on restrained budgets by adopting measures which lead to greater efficiency.”

Lord Hamilton, due to retire next summer, spoke of “marked improvements in efficiency” in the Court of Session and the High Court in the last year, some as simple as sending text messages to witnesses to remind them to attend court next day, and vowed that further procedural reforms would prove a success.

Funding reductions were being imposed across the justice system, he continued, and for the Scottish Court Service it would mean an £8 million cut in revenue budget and £6m in capital budget in the coming years.

“I have emphasised to Scottish ministers the need for an appropriate balance in the funding of the different organisations within the justice system to allow the administration of justice to continue to be undertaken in a timeous and effective way. Simply reducing the service’s capacity to handle the flow of cases would lead to longer delays.

“The Scottish Government has established Making Justice Work, which seeks to achieve collaborative effort in providing a better justice system. This ought to enable links between action in one part of the system and effects in another to be identified and managed.”

Lord Hamilton returned to “churning” – cases not proceeding on the day – which he had raised a year ago. He said the practice had a “corrosive” effect.

“I reiterate that I find it unacceptable that cases do not proceed on the day allotted to them – unless there are exceptional and wholly justified reasons for adjournment. Those who appear ill-prepared to proceed, or who have been unable to ensure the attendance of witnesses, should expect close questioning from the bench. Churn is a waste of taxpayers’ money and is inimical to the proper administration of justice. I was therefore particularly pleased to hear about the efforts being made by the Crown and the police to address this problem. In the summary courts, the Crown is taking active steps to secure the early resolution of cases – including discussing issues with the defence at an earlier stage and focusing on the cases which can only be resolved by trial. I shall be interested to learn how this initiative fares.”

Lord Hamilton praised the “outstanding success” of restoration works in the First and Second Division courtrooms and the historic Court Three of Parliament House. He said it was very common in this day and age to criticise, sometimes with good reason, public works contracts. But the second phase of the Parliament House redevelopment had been completed on cost and well ahead of time with a “first-class” quality of work.

Everyone involved was to be congratulated, he said. Funding – “sufficient, though barely” – is allocated for the third phase and, once completed, all Court of Session business could be carried out in Parliament House “in courtrooms fit for purpose”.