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| Minister defends 'secret fines' | Minister defends 'secret fines' |
| (about 1 hour later) | |
| Justice Minister Kenny MacAskill has defended secret guidelines telling prosecutors which offences should be dealt with by fixed penalty fines. | Justice Minister Kenny MacAskill has defended secret guidelines telling prosecutors which offences should be dealt with by fixed penalty fines. |
| Defence lawyers have claimed the Crown Office should reveal the guidelines to allay suspicions that serious offences are being treated too lightly. | Defence lawyers have claimed the Crown Office should reveal the guidelines to allay suspicions that serious offences are being treated too lightly. |
| A BBC Scotland request for the guidance to be published had been refused. | A BBC Scotland request for the guidance to be published had been refused. |
| Mr MacAskill said the Crown did not publish guidelines for good reason and that the right balance had been struck. | Mr MacAskill said the Crown did not publish guidelines for good reason and that the right balance had been struck. |
| He told BBC Radio Scotland it was not for him to direct the Crown on the matter. | |
| He said of the lawyers' criticism: "What we have to look at is the reality on the ground and not the special pleading from vested interests. | He said of the lawyers' criticism: "What we have to look at is the reality on the ground and not the special pleading from vested interests. |
| Our suspicion is that the real reason these guidelines are not being disclosed is that the public would be frankly disgusted at the way in which they are treating cases Colin BissettDefence lawyer | Our suspicion is that the real reason these guidelines are not being disclosed is that the public would be frankly disgusted at the way in which they are treating cases Colin BissettDefence lawyer |
| "I think the correct balance is served for the public. | "I think the correct balance is served for the public. |
| "We know what is meant to be dealt with in summary justice reforms - that it should be less serious offences, that it will not be domestic violence, that it will not be serious assaults, it will not be sexual assaults." | "We know what is meant to be dealt with in summary justice reforms - that it should be less serious offences, that it will not be domestic violence, that it will not be serious assaults, it will not be sexual assaults." |
| Mr MacAskill, who was a defence solicitor before he entered politics, added: "We can't go back to the situation where we routinely had lawyers tendering pleas of not guilty, and anything up to 18 months later the accused put their hands up and had a fine imposed for a relatively minor offence. | Mr MacAskill, who was a defence solicitor before he entered politics, added: "We can't go back to the situation where we routinely had lawyers tendering pleas of not guilty, and anything up to 18 months later the accused put their hands up and had a fine imposed for a relatively minor offence. |
| "This isn't just about looking after the interests of lawyers for the accused. | "This isn't just about looking after the interests of lawyers for the accused. |
| "We have to fundamentally look after the interests of our community." | "We have to fundamentally look after the interests of our community." |
| 'Three-stitch rule' | 'Three-stitch rule' |
| Defence lawyer Colin Bissett told The Investigation, a BBC Radio Scotland documentary which looked into the matter: "We have heard all sorts of rumours as to what these guidelines are - famously the three-stitch rule. | Defence lawyer Colin Bissett told The Investigation, a BBC Radio Scotland documentary which looked into the matter: "We have heard all sorts of rumours as to what these guidelines are - famously the three-stitch rule. |
| "If someone is the victim of an assault, but the resulting injury does not require three stitches or more, then its appropriate for a person to be issued with a fixed penalty. | "If someone is the victim of an assault, but the resulting injury does not require three stitches or more, then its appropriate for a person to be issued with a fixed penalty. |
| "Our suspicion is that it is in the guidelines and the real reason why these guidelines are not being disclosed is that the public would be frankly disgusted at the way in which they are treating cases of this nature." | "Our suspicion is that it is in the guidelines and the real reason why these guidelines are not being disclosed is that the public would be frankly disgusted at the way in which they are treating cases of this nature." |
| But the Crown Office head of policy, John Logue, defended the non-publication of the guidelines, saying these contained detailed guidance and it would be wrong to disclose to potential offenders how cases would be dealt with. | But the Crown Office head of policy, John Logue, defended the non-publication of the guidelines, saying these contained detailed guidance and it would be wrong to disclose to potential offenders how cases would be dealt with. |
| Denying the three-stitches claim, Mr Logue told the documentary: "That rumour could really only be suggested by someone who did not understand the way in which these decisions are taken. | Denying the three-stitches claim, Mr Logue told the documentary: "That rumour could really only be suggested by someone who did not understand the way in which these decisions are taken. |
| "You take into account the nature of the injury that's caused - but in no way would you as a prosecutor take a decision based on whether it's a particular number of stitches or a different number of stitches." | "You take into account the nature of the injury that's caused - but in no way would you as a prosecutor take a decision based on whether it's a particular number of stitches or a different number of stitches." |
| Scottish information commissioner Kevin Dunion said he had no power to release the guidelines to the BBC under the Freedom of Information Act. | |
| He explained: "It is not the case that I have looked at the Crown Office guidelines and refused to release them. | |
| "I simply have no power to come to such a view or to make such a determination in any case involving information held by the Lord Advocate." | |
| You can listen again to the BBC Investigation on fiscal fines on the iPlayer | You can listen again to the BBC Investigation on fiscal fines on the iPlayer |