‘Emma Caldwell, her family and many other victims, were let down by policing in 2005. For that we are sorry’.
A 51-year-old man has been found guilty of murdering Emma Caldwell in 2005. Iain Packer was convicted at the High Court in Glasgow today, Wednesday, 28 February, 2024, of killing the 27-year-old and hiding her body.
Emma was last seen on CCTV around 11pm on Monday, 4 April, 2005, walking alone on Butterbiggins Road towards Victoria Road on the southside of Glasgow.
She was reported missing by her family on Monday, 11 April, 2005, and her body was found in Limefield Woods, near Biggar, on Sunday, 8 May, 2005.
Packer was also convicted of a number charges involving violent and sexual crimes against a number of women over many years.
He was today (Wednesday 28th February 2024) sentenced to life in prison and ordered to serve a minimum of 36 years behind bars.
Assistant Chief Constable for Major Crime and Public Protection Bex Smith said: “Emma Caldwell, her family and many other victims, were let down by policing in 2005. For that we are sorry.
“A significant number of women and girls who showed remarkable courage to speak up at that time also did not get the justice and support they needed and deserved from Strathclyde Police.
“Police Scotland launched a re-investigation of the case in 2015 after instruction from the Lord Advocate.
“It is clear that further investigations should have been carried out into Emma’s murder following the initial enquiry in 2005.
“The lack of investigation until 2015 caused unnecessary distress to her family and all those women who had come forward to report sexual violence.
“It is the courage, resilience and determination shown by Emma’s family, in particular her parents William and Margaret, and all those who survived Iain Packer’s horrific catalogue of offending that got us to where we are today.
“William is, sadly, no longer here to see this day, but I hope this verdict gives Margaret and all those affected by this case, the justice they deserve.
“This was an extremely challenging re-investigation and without doubt the largest police enquiry of recent times in Scotland.
“Over seven years, a full review of the original enquiry by Strathclyde Police in 2005 was completed.
“More than 30,000 documents and statements were gathered and reviewed along with in excess of 23,000 productions. New forensic tests were carried out and new witnesses were identified and interviewed, leading to the convictions today.
“Iain Packer was a calculating sexual predator who targeted women over many years. It is hard to comprehend how anyone could carry out such despicable, ruthless acts.
“He took Emma’s life for his own gratification in the most appalling circumstances and cruelly left her body in remote woods hoping to cover his tracks.
“But time is no barrier to justice and I would urge anyone who has been the victim of sexual violence to please come forward and speak to us.
“You will be listened to and you will be supported – no matter when the offences took place.
“We have reflected and learnt from the initial investigation and subsequent re –investigation. Significant changes have been made in recent years to improve our organisational culture and our response, particularly in respect of investigative structures, victim care and processes to these types of crimes.
“Our Violence against Women and Girls Strategy demonstrates our absolute commitment to tackling the violence and abuse that disproportionately affects women and girls.
“What shone through to the enquiry team throughout the investigations into Emma’s life was her gentle personality, and I want to finish by saying that our thoughts remain with Emma, her family and all those affected by this terrible case.”
The Scottish Conservatives called for a full Judge-led public inquiry into the case at First Minister’s Questions today (Thursday 29 February).
Both Scottish Labour and the Scottish Lib-Dems echoed the call.
Steps to be taken to ensure Scotland is part of a UK-wide approach to Post Office convictions
First Minister Humza Yousaf has written to Prime Minister Rishi Sunak calling on joint working to ensure a UK-wide approach is taken to exonerate those wrongly convicted of criminal offences as a result of the Post Office Horizon IT system.
In the letter he wrote:
Dear Rishi
I am writing to you regarding the Post Office Minister, Kevin Hollinrake MP’s announcement in Parliament today that the UK Government intends to legislate to reverse the convictions of sub-postmasters convicted of criminal offences as a result of the Post Office Horizon IT system.
I welcome this announcement. The Post Office Horizon scandal requires urgent action to ensure those affected by unjust convictions can finally receive justice.
In the course of his statement, the Minister noted that the power to legislate to reverse convictions imposed by the Scottish courts is devolved to the Scottish Parliament but that he is keen to work with the devolved Governments to ensure that sub-postmasters in Scotland and Northern Ireland are not disadvantaged.
Scottish Ministers are keen to work with the UK Government to deal with the impact on sub-postmasters convicted in Scotland, ensuring that a UK-wide approach is taken to exonerate those wrongfully convicted in Scottish courts.
Given the unique circumstances arising from the Post Office Horizon scandal, it is right that normal processes for appeals are set aside to ensure that justice can now be delivered for those whose lives were greatly impacted by their wrongful conviction.
The Cabinet Secretary for Justice and Home Affairs, Angela Constance MSP, will contact her counterpart, the Secretary of State for Justice, to discuss how best to progress work in this area, whether this is by ensuring that the UK legislation will either apply directly in Scotland or by developing separate Scottish legislation to deliver the same effect for Scotland.
I trust that we can work together to ensure that those affected are now able to have their convictions overturned and obtain compensation.
A consultation looking at whether cowardly domestic killers should receive tougher sentences if they subject their victims to a campaign of coercive and controlling abuse, has been launched by the Lord Chancellor
Public conversation launched on reforming murder sentencing
Consultation to consider raising starting points for killings with a history of coercive and controlling abuse or with a weapon
Move latest step in UK Government’s plan to tackle domestic abuse and violence against women and girls
Ministers will also consider whether murderers who use a knife or another weapon already at the crime scene to kill should also face steeper starting points – a change that could result in higher minimum terms in these cases.
Every year, around 90 people – overwhelmingly women – are killed by their current or ex-partner, with most of these murders taking place in the home. And when a weapon is used – often a kitchen knife – it is normally already at the scene.
This means that although weapons are used, these offences generally do not qualify for a higher starting point – with a discrepancy of up to ten years compared with murders where a weapon is taken to the scene.
Lord Chancellor and Justice Secretary Alex Chalk said: “It is shocking that around 1 in 4 murders are committed by a current or former partner, or relative.
“This Government has already gone further than ever to protect women and girls, with tough new protection orders plus laws to ensure abusers and killers spend longer behind bars.
“To make sure sentencing policy is meeting the threat, it is right to review this complex landscape so that the scourge of violence against women is tackled as coherently and effectively as possible.”
Currently, when a knife or other weapon is taken to the murder scene with intent, the starting point is 25 years. This reflects the increased risk to the public when knives are carried on the streets. Where a knife is used, but not taken to the scene, a 15-year starting point normally applies.
Campaigners on this issue include Carole Gould and Julie Devey, whose daughters Ellie Gould and Poppy Devey Waterhouse were killed by their former partners using knives found in the home.
Justice Minister, Gareth Bacon, said: “For some evil people, murder is the brutal final act of a controlling and coercive relationship with their partner. It is only right we look at whether the sentences for these types of killings reflect this sustained and unacceptable abuse.
“This consultation builds on the action we are taking to clamp down on domestic homicide, by introducing new laws to punish abusers with longer jail terms, and better protect victims.”
The consultation reflects the Government’s determination to ensure the sentencing framework for murder properly punishes perpetrators of this horrific crime, while giving victims’ families the justice they deserve.
In response to Clare Wade’s landmark independent review of sentencing in cases of domestic homicide, the Government has introduced a raft of measures to ensure sentences reflect the seriousness of the crime.
This includes the introduction of new legislation which will make:
“Overkill” and previous controlling or coercive behaviour by the murderer a statutory aggravating factor resulting in longer sentences
A history of controlling or coercive behaviour a mitigating factor where the perpetrator was subject to this behaviour
Killing connected with the end of a relationship a statutory aggravating factor, through the Criminal Justice Bill
The Domestic Homicide Sentence Review was commissioned in 2021 to examine whether the sentencing framework should be reformed to better reflect the seriousness of domestic homicide and to identify options for improvements.
It followed a series of high-profile domestic murders and concerns from the then Victims’ Commissioner and Domestic Abuse Commissioner about how these offences are handled by the justice system.
This is the latest step in the Government’s commitment to be tough to keep the worst offenders locked up.
The UK Government has already ended the automatic release of sex and terrorist offenders, brought in a minimum 14-year jail term for anyone convicted of serious terror offences and under the new Sentencing Bill, the most horrific murderers will spend the rest of their lives locked up, including for any murder involving sexual or sadistic conduct, while criminals who commit rape and other serious sexual offences will spend every day of their sentence behind bars.
The leaders of France, Germany, Italy, the United Kingdom and the United States of America released the following joint statement following their call yesterday:
‘Today (Monday Ed.), we — President Macron of France, Chancellor Scholz of Germany, Prime Minister Meloni of Italy, Prime Minister Sunak of the United Kingdom, and President Biden of the United States — express our steadfast and united support to the State of Israel, and our unequivocal condemnation of Hamas and its appalling acts of terrorism.
‘We make clear that the terrorist actions of Hamas have no justification, no legitimacy, and must be universally condemned. There is never any justification for terrorism. In recent days, the world has watched in horror as Hamas terrorists massacred families in their homes, slaughtered over 200 young people enjoying a music festival, and kidnapped elderly women, children, and entire families, who are now being held as hostages.
‘Our countries will support Israel in its efforts to defend itself and its people against such atrocities. We further emphasise that this is not a moment for any party hostile to Israel to exploit these attacks to seek advantage.
‘All of us recognise the legitimate aspirations of the Palestinian people, and support equal measures of justice and freedom for Israelis and Palestinians alike. But make no mistake: Hamas does not represent those aspirations, and it offers nothing for the Palestinian people other than more terror and bloodshed.
‘Over the coming days, we will remain united and coordinated, together as allies, and as common friends of Israel, to ensure Israel is able to defend itself, and to ultimately set the conditions for a peaceful and integrated Middle East region.’
Society’s most depraved killers will face life behind bars with no chance of being released, under tough plans announced by the Prime Minister.
Making sure that life means life, judges will be required to hand down mandatory whole life orders to the monsters who commit the most horrific types of murder.
In the latest move to protect the public from the most dangerous offenders, this will place a legal expectation on judges to hand down whole life orders, except in extremely limited circumstances.
By putting this on a legal footing, judges will have greater confidence to hand out whole life orders without a risk of challenge in the Courts of Appeal.
This will mean the depraved killers who carry out vile crimes will be in no doubt that they will be in prison for the rest of their lives.
For the first time, whole life orders will also be the default sentence for any sexually motivated murders. This could have been applied in the recent tragic cases of Zara Aleena and Sabina Nessa, putting their horrific killers in prison for their whole lives.
Prime Minister Rishi Sunak said: I have shared the public’s horror at the cruelty of crimes we have seen recently. People rightly expect that in the most serious cases, there should be a guarantee that life will mean life. They expect honesty in sentencing.
“By bringing in mandatory whole life orders for the heinous criminals who commit the most horrific types of murder, we will make sure they never walk free.”
Lord Chancellor and Secretary of State for Justice, Alex Chalk KC, said: “A whole life order will now be the expectation for murderers where the killing involves sexual or sadistic conduct.
“This important law change will ensure that the worst of the worst can now expect to spend the rest of their lives in prison.”
The announcement builds on the UK Government’s work to cut crime and build stronger communities, with violent crime down by 46 percent since 2010 and neighbourhood crime by 51 percent.
Since 2019, over 20,000 new police officers have been recruited and 100,000 knives taken off our streets. The Government has also launched a new Anti-Social Behaviour Plan to clamp down on crimes that can terrorise communities for good.
The Westminster Government is also making sure the worst offenders face the toughest possible punishment for their crimes.
Serious violent and sexual offenders now serve at least two-thirds of their sentence behind bars, ending halfway release, and the average custodial sentence length is longer across the board meaning that criminals are spending more time in prison.
The Government has also ended the automatic early release of terrorists through the Terrorist Offenders Act 2020 and introduced a 14-year minimum jail term for the most dangerous terrorist offenders through the Counter Terrorism and Sentencing Act 2021.
The Government is also committed to looking at changing the law to make sure that people who commit the most horrific crimes face their victims in court and hear first-hand the impact that their crimes have had on them and their families and loved ones.
The Government will legislate for the changes announced today in due course.
No comment yet from the Scottish legal establishment.
A top UN body has backed calls from environmental and community campaigners to review planning appeal rights across Scotland. This intervention follows repeated calls for equal rights of appeal which have been ignored by the Scottish Government.
In August 2022, the Environmental Rights Centre for Scotland, Planning Democracy, Friends of the Earth Scotland and RSPB Scotland submitted a formal complaint to the Aarhus Convention Compliance Committee (ACCC), a UN body tasked with upholding environmental rights. The complaint has now been accepted by the committee, and they have now written to the government who must respond by 21 July 2023.
The complaint sets out why planning appeal rights in Scotland are not ‘fair’ and therefore in breach of the Aarhus Convention’s access to justice requirements. It points to a ruling by the ACCC in Northern Ireland concluding that a lack of equal rights was in breach of the Convention. Campaigners believe that the same applies to Scotland.
Currently, only applicants (usually developers) enjoy statutory appeal rights if their planning permission is refused. Members of the public do not enjoy equivalent rights to appeal if a development is approved, even if the development will negatively impact their health and environment, or if the decision-making process was flawed. The only option available to affected communities is to go to court via a judicial review in the Court of Session, which the Convention’s governing bodies have already ruled as ‘prohibitively expensive’.
The complaint to the UN follows over a decade of civil society campaigning and the passage of two planning bills, neither of which addressed the issue. An amendment proposing to add equal rights of appeal to the 2019 Planning (Scotland) Act was voted down by Conservative and SNP MSPs.
Campaigners are now calling for legislative reforms to finally achieve equal rights for communities.
Benji Brown, Policy & Advocacy Officer at the Environmental Rights Centre for Scotland, said: ‘Under Scotland’s rigged planning system, developers have the upper hand. They can request a full merits review on decisions they dislike, while members of the public do not have the same appeal rights.
“If people want to speak out in defence of their environment or their community, their only option is to go to court – an action that is unaffordable for most. This situation is blatantly unfair, and in violation of the Aarhus Convention.
“The UK government’s cynical attempt to stall our complaint has failed, and we welcome the Committee’s recognition that the issue must be urgently investigated. There can be no more delays – it’s time for Scotland to deliver equal rights for all.’
Clare Symonds, Chair of Planning Democracy, said: ‘Planning Democracy have campaigned for years for an equal right of appeal, and we are pleased that the Compliance Committee has agreed to take our case further.
“The lack of equal rights of appeal is a cause of much anger and frustration for communities, who experience discrimination in planning decisions. For years, the system has been blatantly unfair – it really is time for Scotland to resolve this longstanding injustice.’
Mary Church, Head of Campaigns at Friends of the Earth Scotland, said: “It’s an absolute scandal that communities and NGOs can’t appeal against developments that harm the environment, while developers can wage a war of attrition through appeals and repeat applications if their proposal gets knocked back.
“This lack of equal rights undermines the planning system and leads to decisions that are bad for people and planet. The Scottish Government shouldn’t wait for the UN to rap its knuckles again, but should take action to level the playing field as part of its agenda to enshrine human rights in Scots Law.”
Aedan Smith, Head of Policy and Advocacy at RSPB Scotland, said: “Planning appeal rights in Scotland are archaic and wholly unfit for purpose given the imperative need to tackle the nature and climate emergency.
“Scotland’s appeal rights date back to a time when landowners could do almost anything they wanted with their land, no matter the impact on neighbours, communities or the environment.
“It is essential this outdated and fundamentally unfair system is reviewed to ensure that individuals, environmental organisations and communities at least have a comparable right to developers and can access a mechanism to have the most harmful decisions reconsidered.”
An urgent case review into the management of a transgender person in custody has found that at no point were any women in the care of the prison service at risk of harm.
The Scottish Prison Service (SPS) review also confirmed the person did not come into contact with any other prisoners during their time at HMP&YOI Cornton Vale and that SPS policy was followed during each decision making process and risk assessment.
The review makes four key recommendations into the management of transgender individuals:
the creation of a shared justice process for admitting transgender people to prisons in Scotland – to help improve decision making at admission and subsequent case conferences
better communication between justice partners to ensure a clearer approach to the transfer of transgender people from court to custody
for the wider SPS Gender Identity and Gender Reassignment (GIGR) Policy Review to consider improvements to ‘admission’ and ‘placement and management’ and for SPS to consider the weight of a person’s previous offending history to be considered as part of the case conference process
to strengthen the balance around the risk of harm with an individualised approach as part of the admissions process to prison, allowing for someone to be located in secure isolation for the sole purpose of a risk assessment based on known and unknown risks
In addition to the recommendations, SPS is also undertaking a full multi-disciplinary case review for each transgender person in custody. The Service is also continuing to progress, in dialogue with the Scottish Government and other stakeholders, a review of the management of trans prisoners as part of its GIGR Policy Review.
Until these reviews are complete any transgender person in custody who has a history of violence against women – including sexual offences will not be relocated from the male to female estate. Additionally, any newly convicted or remanded transgender prisoner will initially be placed in an establishment commensurate with their birth gender.
Justice Secretary Keith Brown welcomed the findings in a letter to the Scottish Parliament’s Criminal Justice Committee.
The Justice Secretary said: “Firstly, I want to acknowledge my concern for victims of crime and the distress caused to them. It is important that consideration of issues relating to the management of prisoners is measured and does not retraumatise victims or risk unintended consequences for transgender people or individuals in the care of SPS.
“All recommendations from the review have been accepted by Ms Medhurst as Chief Executive and will be progressed by SPS in collaboration with others as needed. As confirmed in the letter, SPS will factor the learning identified from this review into its Gender Identity and Gender Reassignment (GIGR) Policy Review, which is ongoing.
“Pending the outcome of the GIGR Policy Review, measures to provide reassurance as set out in Ms Medhurst’s letter will remain in place.
“I would like to acknowledge the work SPS has done in continuing to fulfil its operational responsibilities while completing the lessons learned review. SPS has considerable expertise in managing complex, high-profile and challenging individuals within their care and keeping people safe; and I commend their professionalism.”
In her letter, the SPS Chief Executive Teresa Medhurst reiterated that the SPS remained firmly committed to providing person-centred care to their entire population, including managing and identifying risks, which are not exclusive to transgender people in their care.
She added: “Staff in our establishments have demonstrated their long-standing expertise and strong track record in the management and care of an increasingly complex prison population.
“My priority remains the health, safety, and wellbeing of all people in our care, many of whom are the most marginalised in our society, and that of staff.”
Funding secures free legal services to those most in need
Representative bodies for solicitors in Scotland have agreed to an £11 million package that increases fees for legal aid lawyers in Scotland and supports the country’s court recovery programme.
The Scottish Government offer, accepted by the Law Society of Scotland and the Scottish Solicitors Bar Association, secures continued legal aid support for criminal and domestic abuse cases and brings the total additional funding to legal aid providers to £31 million since April 2021.
The package also includes support for independent research aimed at agreeing regular, evidence-based fee reviews.
Under the agreement, which will come into force at the end of April, the structure of criminal legal aid fees will be changed to recognise the importance of early preparation in the swift resolution of cases. The move seeks to reduce the number of hearings, helping to address the backlog in court cases.
Individual solicitors will continue to have the right to choose which cases they wish to represent. The package is further to £3 million announced separately in the 2023-24 Scottish Government Budget to strengthen access to justice for deprived communities and vulnerable groups.
Community Safety Minister Elena Whitham said: “Scotland’s legal aid system is a vital lifeline to justice for many thousands of people and is one of the best systems in Europe, which is a testament to the hard work and dedication of participating lawyers, the Scottish Legal Aid Board and the Crown Office and Procurator Fiscal Service.
“I want to thank members of the Law Society of Scotland and the Scottish Solicitors Bar Association for working with us to reach an agreement that represents a genuine and credible offer of funding.
“A review mechanism for legal aid fees in the future will ensure the ongoing sustainability of Scotland’s legal aid system. We will continue to work with the legal profession and wider stakeholders, to ensure confidence in this process.”
The legal aid system provides publicly funded legal advice and representation for those most in need.
It is a key part of the Scottish Government’s vision of providing access to justice to everyone and is one of the best in Europe – with 70% of citizens eligible to some form of civil legal aid funding.
The majority of legal aid fund expenditure is on legal services provided by solicitors in private practice who are paid on a case by case basis.
A new consultation is seeking the public’s views on legislative reform to support Scotland’s recovery from the coronavirus (COVID-19) pandemic.
The consultation sets out a range of proposals, including whether some beneficial temporary provisions made under Scottish and UK coronavirus legislation and due to expire in March 2022 should be maintained.
The public will have 12 weeks until the consultation period ends on 9 November to share their views on the proposals. These include:
maintaining provisions in the UK Coronavirus Act that enable Scottish Ministers to enact measures via public health regulations for any future public health threats, in line with powers that are already in statute in England and Wales
a change in the law that will allow a wider range of health professionals such as nurses, midwives and paramedics to give vaccinations and immunisations
maintaining pre-eviction protocols relating to rent arrears in the private rented sector, ensuring that tenants have all the information they need about their rights, and placing more responsibility on landlords to ensure correct procedures are followed
whether the extended statutory time-limits for criminal proceedings should temporarily remain in place to help the Scottish Courts and Tribunals Service manage the backlog of cases arising from the COVID-19 pandemic and ensure cases can continue to be heard, through greater flexibility in the programming of court business
maintaining remote registration of deaths and still-births by phone or other methods, without the need to go to a registration office in person, in addition to a new proposal to extend this flexibility to live births
The consultation also asks people to suggest any additional measures or legislation not covered in the consultation that could support Scotland’s recovery.
Deputy First Minister and COVID Recovery Secretary John Swinney said: “This consultation focuses on reviewing the legislative powers that have supported our response to COVID-19. We want to ensure we remove measures no longer needed in order to respond to the pandemic whilst keeping those where there is demonstrable benefit to the people of Scotland.
“This is an opportunity to maintain changes that have been welcomed by people who now don’t want to lose transformations that have been innovative, beneficial, and increased access to services.
“While the pandemic has been incredibly disruptive, its urgency has forced the public services we rely on to adapt and continue and still deliver, driving the pace of digital adoption, and in some cases more efficient ways of working.
“As we enter the recovery phase, we now have a unique opportunity to reimagine how health and social care, learning and justice services can be designed and delivered around the lives and needs of the people who use them.
“I invite everyone to have their say on what this future should look like to support a fair, safe and secure recovery. Your views on these proposals will inform any future legislation to be brought forward on these topics for full scrutiny and debate in Parliament.
“We remain committed to expiring or suspending any existing provisions that are no longer necessary, and will continue to report to Parliament every two months on the use of any temporary powers.”
A cross-justice Review Group has recommended that a new, national specialist Court with trauma-informed procedures be created to deal with serious sexual offence cases.
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.
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.”
Recommendations – Summary
Specialist Court
A new, national specialist sexual offences Court would be created for serious cases (on indictment) in which trauma-informed practices and procedures were adopted and where those involved in the proceedings were trauma-informed, including support staff. Trauma-informed training for prosecutors and defence agents would include accredited courses in dealing with vulnerable witnesses and the use of examination techniques.
The 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.
The presumption would be for the evidence given by the complainer to be pre-recorded.
Presumption of Pre-recorded Evidence
Evidence from complainers in serious sexual offence cases would be recorded by specially trained police officers as early as possible after an alleged incident. Additional evidence, including questioning on behalf of the accused, would also be recorded at the earliest possible opportunity following discussion at judicially lead management hearings. The recordings would, subject to court approval, be used in court as the complainer’s evidence reducing the need for the complainer to appear.
Improving complainers’ experiences
There would be a focus by all parties in the criminal justice sector on improving communication with complainers on basic concepts and the processes and procedures involved from the reporting of an allegation to its progression to trial.
One additional means of implementing this would be via the introduction of a single, trauma-informed point of contact who would provide specific information relevant to the particular case throughout the justice process.
A new Charter for complainers would be created setting out standards and values adopted by key criminal justice agencies. This would lay down the way in which complainers could expect to be treated, the information to which they were entitled, and how they would be communicated with. Complainers would also have access to publically funded, independent legal representation in order to oppose applications made to ask questions about their previous sexual history during evidence (known as a section 275 application).
The right for a complainer in proceedings not to be identified in the media would be expressly set out in legislation rather than relying upon current convention and agreement.
Improving efficiency
Improvements to the efficiency and conduct of proceedings would also be progressed by fixing targets to reduce the time from when an incident is reported to the conclusion of proceedings; early identification of prosecutors; and strengthening the requirement to lodge a meaningful indication of the accused’s position (defence statement).
Juries
There would be more focus on plain language directions given to the jury by the judge, and assistance in explaining the process of how they should go about making their decision (their route to verdict). Other steps to enhance the quality of jury involvement in trials would include the development of a pilot programme to communicate information to juries regarding certain rape myths and stereotypes.
Time-limited Pilot
The Group suggested that further consideration could be given to the possibility of developing a time-limited pilot of single judge, rape trials to fully assess and fully consider their effectiveness and how they are perceived by complainers, accused and lawyers from a practical perspective.
Children’s Hearings System
Separate recommendations in relation to the Children’s Hearings System and court proceedings in relation to sexual offences, were made taking into account their unique nature.
They include a focus on the adoption of trauma-informed practice; the nationwide rollout of training for specialist recorded interviewing of children and further progression of recommendations made in the Evidence and Procedure Review; the greater use of case management powers; and improving communication to complainers on what is involved in such proceedings, particularly the limits on the information that can be shared and the reasons for that.
Crown Agent David Harvie said: “The introduction of a specialist sexual offences court would be an important step towards meaningful improvement in the delivery of justice in Scotland, for complainers, for accused, for society as a whole and is one that I fully support.”
Chief Executive of Rape Crisis Scotland Sandy Brindley: “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.”
Dr Marsha Scott, Chief Executive of Scottish Women’s Aid, said: “Improving court experiences for survivors of sexual violence is vital in improving their access to justice, and in strengthening the overall response of the justice system to violence against women and children.
We welcome the publication of this Review, and believe that the recommendations it makes reflect the gap between the promise of justice and the lived experience of survivors who so often feel re-victimised and let down by court processes.
“This review is a helpful starting point and we will continue to work with colleagues across the justice system to further improve the court experiences of survivors of sexual violence, particularly child survivors who we would like to see further protections for.”
Kate Wallace, Chief Executive of Victim Support Scotland, said: “People who have gone through some of the most serious crime need reassurance that their contact with the justice system will not cause them further harm.
“It’s important that all agencies involved in supporting people in the aftermath of crime are sensitive to the needs of these people. Trauma-informed practice must become part of the DNA of Scotland’s justice system – from the introduction of a new specialist court, showing commitment to allowing pre-recording evidence, through to improving communication before, during and after a trial.
“We know only too well from our experience of supporting people after crime, the emotional, psychological and financial impact this can have on them. The recommendations as put forward from the cross-justice Review Group are an important step forward for transforming justice in Scotland to allow us to better meet the needs of victims, witnesses and families. We now need commitment from all involved to ensure that the recommendations are carried forward.”
Detective Chief Superintendent Samantha McCluskey, of Police Scotland, said: “The nature of rape and other serious sexual offences present considerable evidential challenges. Investigations must be rigorous and thorough to ensure the best evidence available is secured. Victims must have the confidence that their complaint will be taken seriously and professionally.
“We acknowledge the recommendations from the Review Group chaired by the Lord Justice Clerk, in particular the manner in which our specialist officers record statements made by complainers in cases of serious sexual offences.
“We are acutely aware of how difficult it can be to report sexual crime and we are continually working with partners on ways to improve the police response to reports of rape and sexual crime. We are also fully supportive of wider measures that will improve the experience of victims and survivors of sexual crime throughout the criminal justice process.”
Amanda Millar, President of the Law Society of Scotland, said: “This has been a very important piece of work involving representatives from across the justice system. We would support meaningful improvement for complainers and witnesses involved in sexual offence cases that ensure the rights of an accused person are preserved.
“Solicitors work with those accused and those who are victims of crime. Providing greater access to legal advice for complainers would help to ensure they can get the right legal advice and support in bringing forward cases which are by their very nature, highly sensitive and distressing.
“We would also support introducing a trauma-informed approach and provision of additional training for the professionals involved in these cases. Following on from recent research into how juries make decisions, the recommendation to address some of the myths that surround rape and sexual offences would offer information and insight for jury members.
“We have previously expressed significant reservations about such cases being heard by a single judge without a jury, which was proposed as a means to deal with the backlog of court cases caused by the Covid-19 pandemic. These concerns remain. It will be essential to consider all the implications if any pilot is to go ahead, with outcomes examined carefully along with other important areas of potential reform that impact on the scrutiny of evidence.
“We will examine the report’s recommendations in detail and continue our engagement to ensure that any proposals would work in practice and that we have a fair and transparent justice system that upholds the rule of law and operates in the interests of justice.”
Review Group
The cross-justice Review Group includes representatives from the judiciary, the SCTS, the Crown Office and Procurator Fiscal Service, the Faculty of Advocates, the Law Society of Scotland, Police Scotland, representatives from the Scottish Children’s Reporter’s Administration, the Scottish Government, the Scottish Legal Aid Board and third sector organisations including Rape Crisis Scotland, Scottish Women’s Aid and Victim Support Scotland.
Pre-recorded Evidence
The Review Group’s recommendations are in furtherance to the recommendations of the judicially lead Evidence and Procedure Review.
