It will be ”pretty sad” if the Scottish Court Service is consulting with the people of Fife over the proposed closure of Cupar Sheriff Court only for it to turn out that a decision to close it has already been made.
That is the view of Fife Council leader Councillor Alex Rowley, who was told by Fife Council’s executive director for social work, Stephen Moore, that a public meeting held in Cupar last week to discuss the proposals appeared to indicate that the court closure was a fait accompli.
In September, the Scottish Court Service launched a public consultation on proposals for the future structure of court provision in Scotland.
The proposals include the closure of Cupar sheriff and Justice of the Peace courts with all business transferred to Dundee; the transfer of sheriff and jury and solemn cases from Kirkcaldy Sheriff to Dunfermline Sheriff Court and potential to redraw the sheriff court boundary to include Newburgh in the district of Perth Sheriff Court.
The changes are being justified on cost savings and a proposed restructuring of the court system.
In a report to Fife Council’s Executive Committee, Mr Moore said a full Equality Impact Assessment had been completed by Fife Council and a ”significant impact” was likely on Fife if the changes go ahead.
The main concerns raised by Fife Council social work service are:Increased travel for victims, witnesses, social work staff, police, jurors, accused and litigants in civil matters. There would be a negative impact on carbon emissions as a consequence of increased travel by these groups. Significant disdvantages to certain groups, including women with caring responsibilities and those giving evidence in domestic abuse and/or sexual abuse cases; children giving evidence and mental welfare decisions. There is a danger it may compromise the spirit of community justice, with Dundee feeling remote from Fife. In jury cases, the principle of being tried ‘by their peers’ would be compromised. Significant readjustment would be required by Fife Council social work in how it deals with people sentenced to community service. Possible liability to subsidise service user transport costs for court appearances in Dundee. Potential loss of business for traders in and around Cupar Inconvenience for traders having to go into another jurisdiction for licensing and small business claims. It does not appear that the Scottish Court Service has carried out its own Equality Impact Assessment.Independent Cupar councillor Bryan Poole said it appeared the gallant campaign being run from Cupar by Lib Dem councillor Margaret Kennedy in association with local lawyers does seem to be ”in vain”. ”All indications are that they (the SCS) are being polite and will not be moved on this at all.”
He said there were considerable concerns not just about the impact of closing Cupar Sheriff Court on local justice but also impact on the wider economy and vibrancy of Cupar.
He was also concerned that victims of crime at the ”tougher end of society” were most likely to suffer if expected to travel for court appearances in Dundee.
Mr Rowley said it was important that the council’s executive committee got legal opinion on whether the Scottish Court Service had indeed not undertaken its own Equality Impact Assessment. If this was the case, it could be argued that it might be making a decision to restructure the court system without fully understanding the impact on Fife’s communities.
Mr Rowley added: ”It will be pretty sad if we are being told they are consulting with us but doing the changes anyway, but let’s harden up the report.”
The SCS consultation ends on December 21. Go to www.scotcourts.gov.uk.