New measures passed by MSPs last year will:

- Reduce summary (non-jury) courts, enabling many victims and witnesses to see cases dealt with faster and more efficiently.

- Lead to more effective disposal of cases and a reduced burden on the courts and other criminal justice agencies.

- Provide a more immediate link between offence and punishment.

This week, Falkirk's procurator fiscal Kenny Donnelly outlined exactly what the changes will mean for local communities.

He said: "Anything which deals more expediently with cases has to be encouraged and welcomed. These changes will allow communities to see that we are committed to responding to concerns and delivering justice.

"Critics have said the new measures 'dilute' the justice system, but personally I don't think that's right. We will be dealing with more minor cases quickly and bringing it home to the accused the effects of their actions.

"If communities see that we are freeing up courts from dealing with more minor incidents, allowing more serious cases to be dealt with quicker, then I am sure they will respect the changes."

Mr Donnelly and his staff currently deal with around 9500 cases each year from their office in Mansionhouse Road, Camelon. Of these, only 10 per cent are solemn business where a sheriff sits with a jury to deliberate on the evidence.

The new measures of the Criminal Proceedings Etc. (Reforms) (Scotland) Act 2007 have been introduced in two phases.

Since last December the maximum penalty able to be imposed by sheriffs in summary cases is 12 months and £5000 and five years imprisonment and unlimited fines in solemn proceedings.

There have also been changes to the bail system. The main priority is to ensure that anyone who has serious convictions for violent, sexual or drug trafficking offences and is accused of a similar serious offence is only given bail in exceptional circumstances. Bail conditions have also been strengthened and penalties for breaching bail increased.

The second phase came into operation on March 10 with increased powers to procurator fiscals to use direct measures. Instead of marking a case for court proceedings, they can now offer a fiscal fine of between £50 and £300. There is also the opportunity for offenders to pay compensation up to £5000 to victims without a case going to court. The
Procurator Fiscal can also make a combined offer of the two.

An accused person then has the chance to accept or decline the offer within 28 days of receiving notification from the fiscal's office.

Anyone who fails to get in touch will be assumed to have accepted the offer and should start making payment towards the fine.

Anyone who does not agree to the offer could then appear in court and, if found guilty, have a criminal record.

An accepted offer does not count as a previous conviction, but if someone then appears in court for another offence within two years, the court can be told before passing sentence about the accepted offer.

Mr Donnelly explained: "This doesn't affect anyone's rights but deals with cases expediently. It also allows the courts to deal quicker with cases which need public scrutiny and perhaps denunciation.

"The police currently have a target of reporting 80 per cent of cases within four weeks and I have a target of marking 75 per cent of cases within four weeks. The new measures should allow us to deal with the majority of offending within six months, which is in everyone's best interests."

The new Act introduces fiscal work orders, much like community service, but this is being piloted in certain areas and not Falkirk at present.

It also gives police power to require those charged with offences and released on an 'undertaking' to appear at court on a certain day and comply with specific conditions – such as staying away from an area – until that first appearance.

A new fines enforcement officer will also come into being to provide payment advice, while also having powers to dock wages, free bank accounts and seize vehicles, to tackle "wilful non-payment".

While Falkirk Sheriff Court is based in Main Street, Camelon, the area's District Court is attached to the Municipal Buildings in West Bridge Street, Falkirk, where it falls under the jurisdiction of
Falkirk Council's legal department. But all that is about to change.

A rolling programme of unifying all courts under the Scottish Court Service has begun which includes renaming them as Justice of the Peace courts.

Discussions are already under way amongst all parties locally about the extent of the changes required when the new system comes into operation here at the end of the year.

Commenting on the new measures, Justice Secretary Kenny MacAskill said: "These reforms are key to ensuring we have a better, smarter system that delivers truly 'summary' justice in future.

"Of course, we recognise that the full benefits, and the cultural changes required to truly realise their potential won't be evident overnight. However, we now have in place a greatly improved system that will enable professionals to make more efficient use of resources and to support the delivery of justice that is quicker, more effective and fair to all."

j.buchanan@falkirkherald.co.uk