Scotland’s senior law officer spoke of her understanding that victims may feel increased uncertainty following publicity of the recent Supreme Court decision on sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995.
This ruling clarifies the approach courts must take when considering applications to introduce evidence about a complainer’s sexual history or character in sexual offence cases.
As head of the system for the prosecution of crime in Scotland, Lord Advocate Dorothy Bain KC said:
“I would like to make clear that I understand sexual abuse inflicted upon women and children to be the single greatest challenge our justice system faces.
The blame for this lies with those responsible for the perpetration of such brutality. It is unacceptable and victims should feel able to speak out without further fear.
“We will continue to balance the fair handling of every case and the protection of victims, in accordance with the evidence, the law and the public interest.
“The Supreme Court ruling does not alter the statutory protections for those giving evidence.
“These safeguards remain firmly in place to protect the dignity, privacy, and wellbeing of victims throughout the criminal justice process. The Supreme Court emphasised that any intrusion into a complainer’s privacy must be no more than is necessary to ensure that the accused receives a fair trial.
“I wish to make clear that every person working on my behalf in prosecuting the perpetrators of sexual abuse and violence will uphold these safeguards robustly so that women and children feel able to give the best evidence they can.
“All of us working within criminal justice share a responsibility and a determination to ensure the rights of all involved are protected.”
The ruling is available here Daly (Appellant) v His Majesty's Advocate (Respondent) (Scotland) - UK Supreme Court
The Crown Office and Procurator Fiscal Service (COPFS) is Scotland’s independent prosecution service. Katrina Parkes, Legal Director with COPFS, said:
“COPFS is responding swiftly to developments in case law. We have already delivered guidance and training across COPFS, and this has enabled those working on cases to respond.
“The ruling does not automatically render existing convictions unsafe. Any appeals would be considered on a case-by-case basis through established review processes.”
“We will be continuously assessing the impact of this judgment upon our work and will be providing updates to those involved in ongoing cases as necessary.
“Access to a fair and humane justice system for all is a priority for all prosecutors, and we do our upmost to uphold these values at all times.”