Rape victims should be kept out of court: Carloway

Victims of rape and sexual assault should not have to appear in court to give evidence, the Lord Justice General believes

Speaking to the BBC, Lord Carloway said his "ultimate objective" was for complainers to be able to give filmed statements within 24 hours, and for their cross-examination to take place well before the trial and away from court.

Lord Carloway's proposals are a development of a review of criminal evidence and procedure which he chaired in 2015, and which would also involve radical new ways of taking the evidence of child witnesses.

He also favours pre-recorded evidence becoming the norm, to try to get a system in which witness accounts are captured as soon as possible after the event, rather than witnesses having to rely on memory at a trial many months or even years later.

Cross-examination for the defence would take place after an accused person had made a first appearance in court but well before the trial – though further consideration would have to be given to cross-examination "and where that would fit into the system".

Defence advocates including Thomas Ross QC and Derek Ogg QC, both also interviewed by the BBC, maintain that a fair trial involves being able to test a victim's evidence properly.

Mr Ogg said: "As a defence counsel it does not matter to me where the witness is. All that matters is that I give the witness a chance to tell their story and test their story.

"The hallmark of civilisation is a fair trial for the accused, not a presumption that because someone makes an allegation of sexual assault or rape they are telling the truth."