Hansard

Part-time sheriffs are used in a number of situations. They cover for full-time sheriffs who are absent on annual leave or sick leave or who are attending training courses. They also help out when the pressure of business calls for more resources than the full-time sheriffs can provide. Part-time sheriffs make a significant contribution to ensuring that justice is delivered as quickly and efficiently as possible. Their contribution is valued by the sheriffs principal, who run the sheriffdoms, and by the Sheriffs Association, which represents about 98 per cent of sheriffs.The complement of full-time sheriffs stands at a record level of 140. It was previously decided that 60 part-time sheriffs was the right sort of number to support the contribution of full-time sheriffs, but five years' experience of operating in that way has shown us that 60 is not an adequate number. There are three main reasons for that. The first is that the success rate of the police in detecting crime and referring cases to the Procurator Fiscal Service has meant that business in the sheriff courts has continued at a very high level.Secondly, the Executive has encouraged and funded an increase in training for new and experienced sheriffs, but sheriffs need time away from the bench to participate in training, which is where part-time sheriffs come in. Their contribution ensures that courts can be kept running while permanent sheriffs are engaged in developing their skills at training events. The third reason is the requirement for sheriffs and part-time sheriffs to chair some of the new Mental Health Tribunal for Scotland tribunals that were introduced earlier this year. Hearings for restricted patients must be chaired by a member of the judiciary. The new system of tribunals is an important development in the care of patients who suffer from mental illness. It is essential that sheriffs can train for their new role and can chair hearings, so part-time sheriff cover is needed to take on business in the sheriff courts while full-time sheriffs are engaged on mental health tribunal business.I recognise that determining the number of part-time sheriffs that is needed is not an exact science. Most part-time sheriffs have other jobs as solicitors or advocates, so their availability for part-time sheriff work is limited. We think that an increase of about 20 is right, although we cannot be exact and say that that will be the right number for ever and a day. However, such an increase will maintain a proper balance between the numbers of full-time and part-time sheriffs.Part-time sheriffs provide an essential service by keeping the business of the sheriff courts running while full-time sheriffs are absent doing other things. We need more part-time people to cope with the general demands of the courts, to ensure that our sheriffs can participate in training and, as I said, to provide the resources that are needed to run the new system of mental health tribunals.There are significant benefits to gain from the draft order and I commend it to the committee.