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  4. Call for specialist sex offences court

Call for specialist sex offences court

19th March 2021 | criminal law

A specialist court to deal with serious sex offence cases should be set up in Scotland, according to a cross-justice review group.

As part of a wide-ranging review into the prosecution of sexual offences, the group made extensive recommendations, most of which can be considered on a standalone basis. In addition to the specialist court these include the presumed use of pre-recorded evidence; measures to improve the current experience of complainers with a particular focus on improved communication; steps to enhance jury involvement; and improvements to aspects of the Children’s Hearings System.

The review group was tasked principally with improving the experience of complainers in sexual offence cases within the Scottish court system, without compromising the rights of the accused. The recommendations will now be considered by the Lord Justice General, Lord Carloway.

Cases would be presided over by a combination of High Court judges and sheriffs who had received trauma-informed training in best practice in the presentation of evidence of vulnerable witnesses. The court would have sentencing powers of up to 10 years' imprisonment with a provision for remit to the High Court for sentencing higher than that if required.

Chief Executive of Rape Crisis Scotland, Sandy Brindley, said: “All too often survivors tell us that the process of seeking justice – and in particular their experience in court – is as least as traumatic as the attack(s) itself. It is clear that significant action is needed.

“The report of the review group, chaired by Lady Dorrian, is important and necessary. The recommendations are bold, evidence based, and have the potential to transform Scotland’s response to sexual crime. This is a unique opportunity for Scotland to lead the way internationally in improving access to justice for people who have experienced sexual crime."

Lady Dorrian said: “The wide ranging review was prompted in particular by the growth in volume and complexity of sexual offending cases affecting all sections of the criminal justice system. We have made recommendations which we believe will fundamentally change and improve the way sexual offences are prosecuted in Scotland. I am grateful to the review group, and to all those who contributed to its work, for their commitment and openness, and for the ‘clean sheet approach’ members  adopted in undertaking this task, which has enabled a full scope of recommendations to be made for the consideration of the Lord Justice General.”

Click here to view the report.

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