THE TOP prosecutor in Tayside has defended the way violent criminals are being processed through Dundee courts after another instance of apparent leniency was uncovered by The Courier.

The city’s senior sheriff launched a broadside at the local fiscal office last week over its treatment of the case of a Dundee man who locked two social workers in a house and threatened to use a samurai sword.

Sheriff Richard Davidson expressed disbelief that prosecutors had brought the case to his court as a summary matter rather than using the more serious solemn procedure.

The Courier has now learned that another case involving the use of a samurai sword and death threats was also marked as a summary matter and sent to the lesser district court—meaning the accused didn’t even appear in front of a sheriff.

This case involved a 40-year-old sticking a samurai sword through a letterbox into a flat, where there were two small children, while threatening murder.

The incident took place in a Douglas house in January and the accused admitted the full terms of the charge, which is framed by a fiscal.

This alleged he shouted and swore, made threats of violence towards a man and woman, struck the door and inserted a sword through the letterbox, threatened murder and “other extreme acts of violence” to one of the occupants.

Two small children had been on the scene.

The accused was fined £250 for breach of the peace and no motion was made for forfeiture of the sword— meaning, in theory, he could retrieve it from police.

The case is part of the ongoing debate about the alleged “downgrading” of crime in Scotland’s courts following recent summary justice reforms.

Some court practitioners have expressed concerns about more cases being diverted from the courts and the use of fiscal fines and police fixed penalties, saying the public must be able to see justice being done.

There is also the issue of the way cases are marked by the fiscal’s department, whether they are deemed to be summary or solemn procedure.

Area fiscal David Howdle last night told The Courier his office was dealing with all cases according to national guidelines—and denied that criminals were now “getting off lightly.”

While Mr Howdle said he was unable to comment on individual cases, he stressed the recent summary justice reforms had created a more efficient system.

“I cannot speak for Sheriff Davidson and what is motivating his recent comments, but I can tell you that any cases which are dealt with by us are made according to national guidelines,” said Mr Howdle.

“These cases are not being ‘downgraded.’ It is about the court having a wide range of options meaning cases can be dealt with more proportionately.

“I would like to reassure Courier readers that the reforms don’t mean offenders are getting off more lightly.

“It doesn’t mean there is a softer approach. It is a more proportionate response which firstly reduces unnecessary demands on the police, on the prosecutor, on the courts and ultimately on the tax-payer.”