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.
The Scottish Government is consulting on the detail of plans to pardon miners convicted of certain offences during the 1984-85 strike.
An independent review into the impact of policing on communities during the strike, led by John Scott QC, recommended that the Scottish Government should introduce legislation to pardon miners convicted for certain matters related to the strike, subject to establishing suitable criteria.
Justice Secretary Humza Yousaf has now launched a consultation seeking views on the qualifying criteria for a pardon.
Mr Yousaf said: “I am determined to make swift progress on this matter, given the passage of time since 1984-85. That is why we have acted quickly to publish this consultation now.
“The consultation paper sets out potential criteria – based on the criteria suggested in the independent report – and asks for views. It is important that we have a rationale for the qualifying criteria which is well-thought through and informed by a range of views. That is why I encourage anyone with an interest in these important events to take this opportunity to have a say. The responses to the consultation will help shape the legislation that will implement the pardon.
“The miners’ strike was one of the most bitter and divisive industrial disputes in living memory and I hope that the independent review, this consultation and the legislation for a pardon will go some way to aid reconciliation – and to help heal wounds within Scotland’s mining communities.
“I have again written to the Home Secretary Priti Patel renewing the call for her to instruct a full UK public inquiry into the policing of the strike.”
In 2018, the Scottish Government commissioned an independent review into the impact of policing on affected communities during the miners’ strike 1984-85.
The Justice Secretary announced in October last year that the Government would accept the review’s single recommendation.
People can read and respond to the consultation – which runs until 4 June, on the Citizen Space website.
As trade unionists, we stand united against the epidemic of male violence. We also stand against the disproportionate threat of male violence faced by women, by Black and migrant communities, by LGBT+ individuals and by disabled people.
Violence against women and girls is rooted in structural inequalities and power imbalances between men and women. Women’s experience of violence is shaped by other factors such as ethnicity, sexual orientation, gender identity, religion, immigration status and disability. Experiencing intersecting inequalities compounds the threat of violence women face.
Male violence threatens women in all areas of their lives – in our homes, workplaces, and in public and digital spaces. Institutional and systemic failings enable and empower perpetrators and deny women safety and justice.
In the UK:
97 per cent of young women have been sexually harassed
One in two women are sexually harassed in the workplace
80 per cent of women of all ages have been sexually harassed in public
Women who report rape have a less than 4 per cent chance of it ever being heard in court
Three women are killed each week as a result of domestic abuse homicides
Women are not responsible for the actions of men.
We stand with survivors of male violence. With the families of Sarah Everard, Nicole Smallman and Bibaa Henry and countless others who have lost a loved one to violence.
Government must act now to dismantle institutional sexism, racism and other forms of discrimination.
To start that work, we call on Ministers to:
1. Implement a new mandatory duty on employers to prevent sexual harassment at work and ratify ILO Convention No.190
2. Include migrant women within the Domestic Abuse Bill provisions and ensure safe reporting routes for women with insecure migration status
3. Reverse the cuts to public services and ensure all relevant public sector staff receive enhanced training on preventing and responding to violence against women
4. Provide long-term funding commitments to support the provision of vital, life-saving services for survivors of domestic abuse and sexual violence that meet the level of need, including specialised by-and-for BME, LBT+ and disabled women’s services
5. Draw up a cross-departmental action plan to tackle the structural inequalities experienced by women, Black communities, LGBT+ and disabled people in work, health, education, housing and justice
We demand safety. We demand justice. We demand equality.
A new report into the extent of hate crimes committed in Scotland has highlighted almost two-thirds of all race-related hate offences had a visible minority ethnic (non-white) victim, a group that makes up around 4% of the population.
The detailed study looking at the characteristics of victims and perpetrators of reported hate crime incidents in 2018-19 also found that:
around a third of crimes involved a victim who experienced the incident at work
almost two-thirds of hate crime victims and three-quarters of perpetrators were male
in the majority (94%) of sexual-orientation aggravated hate crimes the perpetrator showed prejudice towards the gay and lesbian community
in around two-fifths of religion aggravated hate crimes the perpetrator showed prejudice towards the Catholic community
in a quarter of such crimes prejudice was shown towards the Muslim community and in one in ten cases it was towards the Protestant community
there were 1,080 recorded hate crimes in 2018-19 with a police officer victim
hate crimes with an aggravation for transgender identity have doubled over the past six years from 48 to 96
Justice Secretary Humza Yousaf said: “This report provides more detail of how hate crime affects our communities and is a timely reminder that crime motivated by hate is an all too common occurrence, with real-life impacts on victims and those around them. Just from those that are reported, we know that an average 18 hate crimes are committed every day in Scotland.
“The fact that visible minority ethnic groups, which represent 4% of the population, experience two-thirds of all race-related hate crimes shows we have much more to do to overcome prejudice, while the findings also highlight the need for more to be done to ensure workplaces are an environment free from hatred and from fear.
The report also highlights the risk that police face in the line of duty on a daily basis where almost 1 in 5 recorded hate crimes involved a victim that was a police officer.
“As elected representatives, we can help ensure Scotland is a place where there is zero tolerance of hate crime. The legislation currently before Parliament makes clear that this type of behaviour will not be tolerated – and will ensure Scotland’s justice system can bring perpetrators to account and provide protection for individuals and communities harmed by hate crimes.”
Communities Secretary Aileen Campbell said: “Scotland is an inclusive and tolerant nation, but we are not immune from the constant threat that prejudice and intolerance can bring to our society. Given the impact it has on individuals and communities it is important that everybody plays their part to challenge it at all times.
“Hate Crime legislation is only part of our wider programme of work to tackle hate crime and build connected communities. In June 2017, we published the Tackling Prejudice and Building Connected Communities Action Plan and established an action group, which I chair, to take this forward. The key priorities identified by the group are raising awareness of what hate crime is, the impact that it has on individuals and communities and to encourage reporting.
“The action group has also played a key role in ensuring there is better evidence and data around hate incidents and crime and I am grateful for their continued support. This report helps us to understand the key characteristics of both victims and perpetrators and reflects the importance of reporting incidents so that we can best support our communities in Scotland. The report will be instrumental in informing our work as we look to refresh our action plan later this year.”
Assistant Chief Constable Gary Ritchie of Police Scotland said: “Hate crime is abhorrent and insidious and will not be tolerated in Scotland. Targeting anyone because of a disability, their race, religion, sexuality or transgender identity – or a perception of these characteristics – is despicable.
“This report shows the extent of hate crime which has been reported to Police Scotland in 2018-19, but we know this is an under-reported offence. People who are victims have often been targeted on numerous occasions before they report to our officers and can find it difficult to talk about it.
“We encourage anyone who has been a victim – or who has witnessed a hate crime – to come forward and report it. We take every report seriously and will carry out a robust investigation on every occasion.
“Hate Crime can be reported at a police office or via 101 or 999 in an emergency. Alternatively, if you do not feel comfortable approaching police directly, you can use the network of Third Party Reporting Centres across the country, or contact Crimestoppers anonymously.”
Below is a powerful statement written by the women from the recent court case against former First Minister Alex Salmond, issued through Rape Crisis Scotland:
The jury has delivered a majority verdict on the charges brought against the former First Minister.
We are devastated by the verdict. However it is our fervent hope that as a society we can move forward in our understanding of sexual harassment and sexual assault.
In defending Alex Salmond, Gordon Jackson quoted Woman H and said his client should have been a ‘better man’.
He said behaviour which others described as demeaning, intimidating and humiliating, was ‘trivial’.
The behaviours that Alex Salmond and his defence team admitted to in evidence were not and are not trivial.
Today we want to send a strong and indisputable message that such behaviours should not be tolerated – by any person, in any position, under any circumstances.
This has been a traumatic process however we thank Police Scotland and the Crown Office and Procurator Fiscal Service for taking our experiences seriously and for allowing our voices to be heard.
Many of us did speak up at the time of our incidents but were faced with procedures that could not deal with complaints against such a powerful figure.
Others were silenced by fear of repercussions.
It was our hope, as individuals, that through coming forward at this time we could achieve justice and enact change.
We remain firm in our belief that coming forward to report our experiences and concerns was the right thing to do.
But it is clear we alone cannot achieve the change we seek.
The outcome of this trial will pose many questions and be cause for much debate.
But as politicians, commentators and society reflect on this case, we would ask you to consider whether behaviour which is so often merely described as ‘inappropriate’ or is tolerated by society, is acceptable towards your daughters, granddaughters, sisters, wives, friends, and colleagues.
Many of them will already have suffered such conduct. Often in silence.
We would also request that as you debate, you conduct it respectfully and stay mindful of the many women in Scotland who may have had traumatic experiences and are considering whether or not Scotland is a country in which they can come forward to seek help and support.
This is more important now than ever before.
All people should feel safe, valued and equal in society and their workplace and it is imperative to ensure robust complaint structures are in place.
We should all take strength in calling out bullying, sexual harassment and sexual assault wherever it takes place.
And we should all seek to create an environment in which people can challenge and report these behaviours without hesitation or fear of retribution.
Some say that women’s fight for respect has gone ‘too far’. We argue it has far to go.
For too long, behaviour which should be condemned has been accepted and excused.
For too long perpetrators in positions of power have been shielded by their ability to influence and intimidate.
For too long women’s complaints have been dismissed or swept under the carpet.
And for too long, women have been let down by organisational structures which should exist to protect them, not put them in situations which endanger their welfare.
This must end.
To those who have spoken out in support – thank you, we see you.
While we are devastated by the verdict, we will not let it define us.
We hope through shining a light on our experiences, it will serve to protect and empower women in the future.
Be brave, be loud, be heard.
Signed,
Woman A, Woman B, Woman C, Woman D, Woman F, Woman, G, Woman H, Woman J, Woman K
Sandy Brindley, Chief Executive of Rape Crisis Scotland said: “This is a powerful and important statement that we know will resonate with many people in Scotland and beyond.
“More than a statement it is an urgent call for an examination of our attitudes towards sexual harassment in Scotland, a call for the end to the minimisation and trivialisation and a call for change.
“For too long these behaviours have been tolerated and accommodated and this cannot stand any longer. Enough.
“These women are brave, and we stand with them and hope that their voices are heard.”
Rape Crisis Scotland has also called for an investigation into the conduct of Mr Salmond’s senioe defence counsel Gordon Jackson QC, who was overhead – and filmed – discussing the case on a busy Edinburgh – Glasgow train.
A spokesperson for Rape Crisis Scotland said: “Protecting the anonymity of all people who report sexual crimes is of critical importance and is one of few reassurances that can be offered as part of an otherwise daunting and intimidating process. For this to be undermined by such a senior lawyer in a public place in such a high-profile trial is horrifying and completely unacceptable.
“Jackson is Dean of the Faculty of Advocates and we cannot see how this behaviour – caught on film – is in keeping with the Faculty of Advocate’s own guidance on conduct. There should be an immediate investigation.
“One of the most chilling aspects of this is Jackson’s statement about his strategy for the cross examination of one of the women in the trial: “All I need to do is put a smell on her.” This statement alone confirms the fears of many, many survivors who do not report for fear of what would be done to them in court. Trials should be based on evidence, not on smears and attacks on character. We need an urgent overhaul of how these cases are dealt with.”
Gordon Jackson talked of the ‘Holyrood political bubble’ during the trial. It’s a political bubble Mr Jackson knew very well – he himself was a Labour MSP from 1999 until he lost his seat in 2007 – to Nicola Sturgeon.
While serving as the member for the impoverished Glasgow Govan constituency, the barrister continued to undertake lucrative work at the Bar, provoking anger and cricitism – some even from Labour colleagues.
Jackson was widely known as ‘Crackerjack’, as he repeatedly turned up at Parliament just in time for the 5pm vote. (For younger readers, Crackerjack was a long-running children’s programme, which famously started at 4.55pm.)
Scotland’s Lord Advocate and the Chief Constable of Police Scotland have set clear priorities for the investigation and prosecution of crime as measures to tackle the Covid-19 outbreak come in to force.
In a joint statement, Lord Advocate James Wolffe QC and Chief Constable Iain Livingstone QPM stress their commitment to keeping people safe from harm and dealing effectively with those who break the law.
To support the public health guidance new arrangements for court business are being put in place aimed at significantly reducing social contact. Justice system partners have agreed measures that ensure the prioritisation of essential casework while maintaining public safety and protecting public health.
The police will continue to deal effectively with criminality, and to report cases to the procurator fiscal in the usual way. Prosecutors will continue to process cases in accordance with the Scottish Prosecution Code. In order to minimise the need for attendance at court, steps are being taken to reduce substantially the number of trials.
There will be a focus on cases where the accused is in custody. In addition, there may be some non-custody trials where witnesses are available, with those likely to be limited to cases relating to domestic abuse, sexual offending and violence.
Steps will be taken, so far as possible, within existing rules, to minimise the need for attendance at court. In other cases, trials will be deferred until after the current situation is over.
In addition, there will be revised, rigorous guidelines, focused on public safety, for the police to apply in the liberation of an arrested person pending further investigation or action.
This situation is evolving and work is being done across the criminal justice system and Scottish Government to enable the effective administration of justice to continue.
It is appreciated that uncertainty over court proceedings can have a serious impact on those affected by crime and further information for witnesses, victims and those accused of crime is available on the COPFS website.
Lord Advocate James Wolffe QC said: “My firm commitment, now as always, is to keeping the public safe from harm and maintaining the rule of law.
“Scotland’s prosecution service is working with justice partners on a system-wide response to the challenges of the coming months which are unprecedented in modern times.
“That response will be focused on public safety and on maintaining the fair and effective administration of justice within the constraints of health guidance.
“The police and prosecutors will continue to respond effectively, robustly and fairly to criminality at all levels. We are working with the courts and with Scottish Government on a range of measures which will respond to the demands posed by the present circumstances.”
Chief Constable Iain Livingstone said: “Scotland, like the rest of the world, is dealing with unprecedented challenges and demands as we respond to the coronavirus outbreak.
“The Police Service of Scotland is working closely with the Crown Office and the wider justice system to protect people from crime and the threat of Covid-19, while also upholding people’s human rights.
“My priority is, as always, to ensure the people of Scotland are protected and policed effectively.
“Those breaking the law will be dealt with appropriately to ensure the public is kept safe from risk and harm through rigorous conditions for release and, where necessary, holding people in custody for court.
“These measures allow us to carry out our duties in the most effective way during this critical period.
“Our officers and staff are working around the clock to support the magnificent work of health professionals and, crucially, our fellow citizens as we all face the difficult days ahead together.
“I am confident that by working together we can respond to this outbreak and keep our communities safe.”
Further detailed information on this is available on the COPFS and SCTS websites.
Further information
Custody cases will continue to be called in court where there is a concern about public safety and COPFS is recommending that the accused be remanded in custody.
With the restricted courtroom activity reserved for essential trials, emphasis will be placed on judicial case management and proactive engagement between prosecution and defence agents to enable cases to be resolved, where possible, without the need for a trial and witnesses being called. Where a trial is necessary, all efforts will be made to minimise the need for attendance at court.
Cases that are already in progress will run to the conclusion of the trial, if practical to do so.
