Michele Burman, University of Glasgow
Lynn Jamieson, University of Edinburgh
Jan Nicholson, University of Glasgow
(with Fred Cartmel, University of Glasgow)
ISBN 0 7559 2634 X (Web only publication)
This document is also available in pdf format (582k)
CONTENTS
ACKNOWLEDGMENTS
EXECUTIVE SUMMARY
A. INTRODUCTION
THE LEGISLATIVE BACKGROUND
PURPOSE OF STUDY
B. THE RESEARCH DATA
HIGH COURT DATA
SHERIFF COURT DATA
C. THE NATURE OF GIVING EVIDENCE IN SEXUAL OFFENCE TRIALS
GIVING EVIDENCE IN SEXUAL OFFENCE TRIALS
D. APPLICATIONS TO INTRODUCE SEXUAL EVIDENCE
HIGH COURT TRIALS IN WHICH APPLICATIONS WERE MADE
HIGH COURT TRIALS IN WHICH SEXUAL EVIDENCE WAS INTRODUCED BUT NO APPLICATION WAS MADE
SHERIFF COURT TRIALS IN WHICH APPLICATIONS WERE MADE
SHERIFF COURT TRIALS IN WHICH SEXUAL EVIDENCE WAS INTRODUCED BUT NO APPLICATION WAS MADE
SEXUAL EVIDENCE INTRODUCED BY THE JUDGE OR PROSECUTION
OBJECTIONS OR INTERVENTIONS TO THE USE OF SEXUAL EVIDENCE
E. THE USE OF THE DEFENCE OF CONSENT
F. TRIAL LENGTHS AND EXTENT OF DELAYS
G. SPECIAL MEASURES AND JUDGES' POWERS
H. CONCLUSION
APPENDIX 1
REFERENCES
ACKNOWLEDGEMENTS
We are grateful for the assistance given to us by those working in the High Court Justiciary Office and Glasgow and Edinburgh Sheriff Courts. In particular, we would like to thank Tom Higgins for guiding us towards the relevant record systems held within the High Court and Tom Simpson in the High Court Records Office for helping us with the identification and retrieval of the trial tapes, which at times has been very time-consuming. We would also like to thank Chris McGrane of Glasgow Sheriff Court and Jane MacDonald of Edinburgh Sheriff Court for all of their help in identifying sexual offence trials and corresponding trial tapes.
We would also like to thank Linda Hutton, of the Criminal Justice Research Team within the Scottish Executive for her unwavering support throughout her association with the study. We also thank Julia Murphy for her involvement in the final stages and all members of our advisory group for their helpful comments.
The views expressed in this report are those of the researcher and
do not necessarily represent those of the Department or Scottish Ministers.