This item was published during the term of a previous administration that ended in April 2007
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Greater protection for sex crime witnesses
17/09/2002
Victims of rape and other sexual offences will no longer face the prospect of being questioned in court by the accused, it was announced today.
Changes to the law which require the accused to be legally represented throughout the trial will take effect on November 1st in the Sexual Offences (procedure & Evidence) (Scotland) Act 2002.
Justice Minister Jim Wallace also told the Justice Committees of the Scottish Parliament that the roll-out of the witness service to Sheriff Courts was complete - and that work would now begin to make the service available to High Courts across Scotland.
The Witness Serivce is a confidential service, providing support and advice to witnesses, victims and their families prior to, during and after attendance at court.
Mr Wallace said:
"These two changes are part of our long standing commitment to provide better protection and support for victims of crime.
"I can announce today that from November 1 st the victims of sexual assault or abuse will be protected from questioning by the accused. We want to remove the 'fear factor' that deters many victims of sexual offences from coming forward.
"The Sexual Offences (Procedure & Evidence) (Scotland) Act 2002 will take effect from November 1 st and will offer substantial protection to the victims of sexual offences. The Executive does not believe that victims should be subjected to intense, often degrading questioning from the very person who is accused of abusing them. The accused will now be required to be legally represented throughout the trial.
"It is also now set in law that the relevance of any evidence about the victim's character or other sexual experiences must be clearly established before it is used - this will now only be allowed where the court has decided in advance that it is relevant and necessary to ensure a fair trial.
"An accused who wants to use such evidence will also face the prospect of any sexual offence convictions he already has being disclosed to the jury.
"It is vital that victims' concerns are taken into account, that they feel protected and that they receive the right support throughout their contact with the criminal justice system.
"I am also delighted that witnesses attending Sheriff Courts throughout Scotland now have access to the Witness Service.
"In the short time that this scheme has been running, the Witness Service has established itself as a highly valued service and of enormous support to many witnesses.
"This is proof of the Executive's ability to deliver on its commitment to victims and witnesses, and is a credit to all of the agencies that have worked hard to set up the Service.
"It is essential that witnesses attending High Courts have the same level of support. That is why the Executive has committed £150,000 per annum to roll out this service to High Courts. This is an excellent opportunity to build on the successes of the Sheriff Court Witness Service."
The 2002 Act has the following purposes:
- a) to prevent the accused in rape and other sexual offence cases from personally cross-examining the complainer, by requiring the accused to be legally represented throughout the whole trial
- b) to strengthen existing provisions restricting the extent to which evidence can be led about the sexual history and character of the victim
Commencement of the Act will be subject to some transitional provisions, to ensure that the defence has sufficient time to give the new notices required by the Act and so that trials which have already started, or are about to start, are not disrupted by the changes.
The Witness Service was initiated with pilot schemes in Ayr, Kirkcaldy and Hamilton. All 49 Sheriff Courts in Scotland now offer the service.