The study was commissioned by the Lord Advocate Dorothy Bain KC in recognition of the profoundly damaging impact of sexual offending.
It forms part of a continuing drive by the Crown Office and Procurator Fiscal Service (COPFS) to improve the experience of victims across the criminal justice system.
Scotland’s independent prosecution service has accepted the broad principles of the review as part of an ongoing programme of change.
Chaired by Susanne Tanner KC, the review involved analysis of the prosecution service response to these crimes, which now account for 70 percent of High Court business in Scotland.
The Lord Advocate has spoken of her determination to tackle violence against women and girls as well as her commitment that COPFS will listen and respond to the needs of victims and witnesses in the prosecution process.
The Lord Advocate said: “I am grateful to Susanne Tanner KC for carrying out this review. She has made a significant contribution to this crucial area of work.
“The recommendations of this review will not only assist COPFS in its ongoing process of change, they will also inform wider justice reform, building a system which recognises, respects and responds to the needs of victims.”
The Scottish Government report on Criminal Proceedings in Scotland 2023-24 published last week (Tuesday 9 December) showed increased rates of convictions for sexual offending.
In 2023-24, 1583 people were convicted of a main charge of sexual crime, up 12 percent from 2022-23 (1413 people).
Rape and attempted rape convictions rose by 19 percent to 221 while convictions for sexual assault increased by 15 percent to 421, the highest since 1989.
Legal Director, Katrina Parkes, leads on a programme of improvement within COPFS. She said: “We have taken some time to consider this review and the insight it provides.
“The findings align closely with our strategic ambitions and feature in the transformative work which is already underway in our handling of sexual offences.
“Our work in this area is becoming more complex, with more and longer investigations into serious sexual offending, with greater evidential demands.
“As Scotland’s prosecution service, we are learning as society changes. That means listening to the experiences of victims, third sector organisations, criminal justice partners and colleagues.
“We are progressing through a programme of training for colleagues to better respond to the needs of victims and witnesses.
“We are enhancing the valuable information provided by our teams, to support victims with compassion throughout the prosecution process.
“Throughout this we are focused on embedding reforms in a sustainable, achievable way, recognising the pressures across the whole of the justice system, and the need to deliver lasting improvements within that.”
The review involved contributions from victims, charities, third sector support organisations, COPFS staff, prosecutors, defence lawyers, government, police officers, members of the judiciary, courts service and academics, in Scotland and other countries.
There were 197 recommendations covering operational, policy and cultural dimensions of COPFS. These include recommendations on communication, trauma-informed practice, effective collaboration with the third sector and other partners and workforce support and development.
Review chair, Susanne Tanner KC, is recognised for her work on high-profile inquiries and reviews. She is ranked as a leading silk in public law, inquiries, investigations and criminal law.
She has extensive experience of prosecuting and defending rape and serious sexual offence cases, including a commission as Assistant Principal Crown Counsel and three years as a specialist sexual offences Advocate Depute.
She lectures at University of Edinburgh on sexual offending and the law.
She said: “One thing remains constant in a changing legal landscape: the need to listen to people and to actually hear what they are saying.
“A solely inward-looking review would not have met its intended purpose to produce a prosecution approach to sexual crime which is fit for our age.
“I am grateful to the wide range of contributors for their time, support, views, knowledge and expertise. I hope they see their views reflected throughout the report and in many of my recommendations.
“My vision is for COPFS to take a unified approach to sexual offence cases in which staff are empowered through specialist training and welfare support to do a difficult job; in which victims are supported and have their rights respected throughout the prosecution process, while respecting the rights of the accused; and in which there is genuine, positive and effective collaboration with Police Scotland, SCTS, Scottish Government, the third sector and the wider legal profession.
“I am grateful to have been given the opportunity to do this work and I hope that my recommendations lead to real, transformative change in the way in which COPFS deals with sexual offences now and in the future.”
To access the report, please click here.