Summary

  • The Justice Committee looked into the role of the Crown Office and Procurator Fiscal Service

  • Justice Secretary Michael Matheson announces move to pardon men who were convicted of same-sex offences before laws against homosexuality were scrapped, during topical questions

  • The Scottish government led a debate entitled ‘Building a Fairer Scotland – It takes all of us’

  • The member’s debate focused on the volunteers who keep our train stations clean and lovely, by adopting a station

  1. Scottish Women's Aid calls for more timeous information for victimspublished at 11:01 British Summer Time 25 October 2016

    Marsha Scott from Scottish Women's Aid says there needs to be better communication and more timeous information provided to victims.

    Marsha Scott from Scottish Women's Aid

    Ms Scott says there is a disconnect between what happens at the strategic level and what then happens at the local level.

    Susan Gallagher from Victim Support Scotland also stresses the need for feedback from complainers to be fed back into the justice system.

  2. The process of gathering complainer feedback must be more proactivepublished at 10:59 British Summer Time 25 October 2016

    Sandy Brindley from Rape Crisis Scotland says there has been significant effort gone into improving the treatment of sexual offences in court.

    Witenesses

    Ms Brindley says her ogranisation feeds back information from complainers to the police which works well.

    She says the process of gathering complainer feedback must be more proactive.

  3. Scottish Women's Aid says judges need domestic abuse trial trainingpublished at 10:53 British Summer Time 25 October 2016

    Marsha Scott from Scottish Women's Aid

    Marsha Scott from Scottish Women's Aid says no domestic abuse case should be heard where there the judge has had no domestic abuse trial training.

  4. Court process the biggest reason for not reporting a sexual crime to the police according to victimspublished at 10:51 British Summer Time 25 October 2016

    Sandy Brindley

    Sandy Brindley from Rape Crises Scotland says the Crown could take a more proactive role to protect complainers.

    Ms Brindley says the biggest reason for victims not reporting a sexual crime is because of what they feel will happen in court. 

  5. Those with advocacy support less likely to withdraw from trialspublished at 10:45 British Summer Time 25 October 2016

    Marsha Scott from Scottish Woman's Aid says victims who have advocacy support are less likely to withdraw from trials.

    Ms Scott says better communication with victims would make the whole process more humane. 

  6. Backgrounder: Ched Evans accuser shown 'love and support' by fundraising campaignpublished at 10:43 British Summer Time 25 October 2016

    "Jean Hatchet" said the aim of the fundraising campaign is to show "solidarity" with the womanImage source, bbc
    Image caption,

    "Jean Hatchet" said the aim of the fundraising campaign is to show "solidarity" with the woman

    A blogger raising money for the woman who footballer Ched Evans was accused of raping says the campaign is intended to show her "love and support".

    Jean Hatchet, who writes under a pseudonym, told the Victoria Derbyshire programme she was asked to start fundraising by other women.

    Mr Evans's 2012 rape conviction was quashed in April, and he was cleared last week of raping the 19-year-old.

    She has been subjected to abuse online and has also had her identity revealed.

  7. Background: Ched Evans: Footballer found not guilty of hotel rapepublished at 10:39 British Summer Time 25 October 2016

    Ched Evans leaves Cardiff Crown Court with his fiancee Natasha MasseyImage source, Image copyrightWALES NEWS SERVICE
    Image caption,

    Ched Evans leaves Cardiff Crown Court with his fiancee Natasha Massey

    Footballer Ched Evans has been found not guilty of raping a 19-year-old woman in a hotel room.

    The Chesterfield striker was accused of attacking her at a Premier Inn in Rhuddlan, Denbighshire, on 30 May 2011.

    Mr Evans, 27, was originally found guilty of rape at Caernarfon Crown Court in 2012, but this conviction was quashed in April.

    He was found not guilty of the same charge, after a retrial at Cardiff Crown Court, on Friday.

  8. Rape Crises Scotland says Ched Evans trial was a "complete travesty"published at 10:37 British Summer Time 25 October 2016

    Sandy Brindley from Rape Crises Scotland says seven-10 women are asked about their sexual history or character during a rape trial.

    Sandy Brindley from Rape Crises Scotland

    Ms Brindley say this is prejudicial and influences jurors. 

    She says you only have to look at the Ched Evans trial, as it was a "complete travesty".

  9. Consistency a 'real issue'published at 10:34 British Summer Time 25 October 2016

    Susan GallagherImage source, bbc

    Susan Gallagher says victims appreciate the work and compassion of VIA officers but the work is not consistent and some people don't even know who their VIA (Victim Information and Advice Service) officer is,

    "There are real issues on practicing consistency", she says.

    Ms Gallagher says this affects victims when they come to give evidence. 

  10. 'Postcode lottery' of support for victimspublished at 10:30 British Summer Time 25 October 2016

    Susan Gallagher from Victim Support Scotland says there are countless of examples of cases being adjourned in the middle of a victim's evidence due to the defence not having the correct information.

    Marsha Scott from Scottish Women's Aid says the accused has more support than the victim, who will faces a post code lottery of support

    Ms Scott says more resource is necessary but will not alone fix the problem.

  11. 'Inadequate sense of justice'published at 10:27 British Summer Time 25 October 2016

    Sandy Brindley from Rape Crisis Scotland says there is significant pressure on the justice system as a whole.

    Ms Brindley says complainers don't feel they are being kept informed pre and post conviction.

    Witnesses

    She says there are more floating trials for rape trials and "there is a huge issue in terms of capacity" in the justice system.

    Susan Gallagher from Victim Support Scotland agrees and says information is often indescribable to the general public giving an "inadequate sense of justice".

  12. 'Loss of local knowledge'published at 10:23 British Summer Time 25 October 2016

    Committee Convener Margaret Mitchell asks about the loss of local knowledge with centralisation.

    Tom Halpin from Sacro says it is hugely difficult for a national organisation like the Crown Office and Procurator Fiscal Service (COPFS) to know about all local services.

    Marsha Scott from Scottish Women's Aid and Committee Convener Margaret Mitchell
    Image caption,

    Marsha Scott from Scottish Women's Aid and Committee Convener Margaret Mitchell

    Marsha Scott from Scottish Women's Aid says locally based teams lose the expertise and specialisation.

    Ms Scott says "The best of both worlds would be specialist knowledge and experience at local level," but adds that is not feasible due to fiscal constraints.

  13. Background: Victim Support Scotland's submission to the committeepublished at 10:19 British Summer Time 25 October 2016

    VSSImage source, VSS
    Image caption,

    VSS

    Victim Support Scotland, external (VSS) used its submission to raise the following issues, among others:

    • COPFS must engage with witnesses to ensure that they are familiar with all of the evidence in advance of trial   
    • the impact of churn on victims and witnesses is severe, with many witnesses losing out financially and experiencing additional stress and anxiety  
    • the importance of sensitivity and an understanding of the impact of information on witnesses and victims
    • communications by COPFS are often difficult to understand and can be provided without the respect, care and sensitivity that victims deserve 
    • duty to take reasonable steps to enable a victim to avoid contact with the offender  
  14. Victim Support Scotland says witnesses must have access to court informationpublished at 10:17 British Summer Time 25 October 2016

    Susan Gallagher from Victim Support Scotland

    Susan Gallagher from Victim Support Scotland says witnesses must have access to court information.

  15. Background: Scottish Women's Aid submissionpublished at 10:15 British Summer Time 25 October 2016

    Scottish Women's AidImage source, Scottish Women's Aid
    Image caption,

    Scottish Women's Aid

    Scottish Women's Aid, external, in its submission to the committee, external, raised the following issues, among others: 

    • SWA considers that the strategic approach to domestic abuse taken by the COPFS is positive and progressive   
    • very much support the ongoing and considerable reforms in COPFS policy  
    • SWA are not seeing this strategic approach reflected on the ground in the dayto-day response from COPFS  to domestic abuse
    • informed and positive practice responses to support women and children engaging with the COPFS at a local level are essential  
    • prosecutors must meet victims and witnesses, assess their needs in terms of providing evidence and ensure that they are supported to do so  
    •  a properly resourced COPFS service is necessary to make effective the transformation from domestic abuse strategic policy to every-day practice  
  16. Creating specialist competences is "absolutely critical" in domestic abusepublished at 10:14 British Summer Time 25 October 2016

    Marsha Scott from Scottish Women's Aid

    Marsha Scott from Scottish Women's Aid says creating specialist competences is "absolutely critical" in dealing with domestic abuse.

  17. Background: Sacro submissionpublished at 10:12 British Summer Time 25 October 2016

    SacroImage source, Sacro
    Image caption,

    Sacro

    Sacro, external, in its submission to the committee, external,a number of issues were raised: 

    • the need for improvements  to the Joint Protocol on Domestic Abuse to ensure that the interests of victims of domestic abuse can be met
    • avoid postcode lottery in Diversion from Prosecution (DfP) provision
    • create a technical capability to immediately provide and share court disposals amongst partners electronically
    • there is underreporting of honour based violence to the police due to fear or prejudice, resulting in very few prosecutions sought in Scotland
    • an opportunity for the COPFS to better respond to the needs of victims in RJ/Conflict resolution services through consultation with the victim prior to making a decision on whether to prosecute  
  18. 'Risk of miscommunication'published at 10:11 British Summer Time 25 October 2016

    Tom Halpin

    Tom Halpin from Sacro agrees saying there is a great commitment to collaboration but the further you are from the centre the bigger the risk of miscommunication.

  19. Background: Rape Crisis Scotland privacy issues and trial issuespublished at 10:08 British Summer Time 25 October 2016

     Rape Crisis Scotland raises concerns about the use of sexual history and character evidence and access to complainers’ sensitive records:

    •  long standing concerns about the use of sexual history and character evidence in sexual offence trials  
    •  a clear need to commission an up to date evaluation of the provisions in the Sexual Offences (Procedure and Evidence) (Scotland) 2002 Act  
    •  complainers should have a right to be told when the person she has accused of abuse makes application for her records and a right to be heard on that application  
    •  rape complainers continue to speak of giving evidence in rape trials as being a violating and traumatic experience  
    • more can be done to alleviate any unnecessary distress caused to the complainer  
    •  the need to protect complainers from inappropriate questioning, the Crown could take a more proactive role in protecting rape complainers in court  
  20. Background: Rape Crisis Scotland submissionpublished at 10:06 British Summer Time 25 October 2016

    Rape Crisis ScotlandImage source, Rape Crisis Scotland
    Image caption,

    Rape Crisis Scotland

    Rape Crisis Scotland, external used their submission to the committee to acknowledge the significant dedication and skills amongst many COPFS staff in prosecuting this often complex area of crime.

    The charity highlighted a number of issues and concerns that included : 

    • the lack of information about the progress of their case
    • a potential return to a situation where rape complainers would go into court  and not know which lawyer was the prosecutor and which was the defence
    • the majority of rapes reported to the police do not make it to court
    • in 2014-15, 1,901 rapes and attempted rapes were reported to the police, 270 rapes and attempted rapes were prosecuted and there were 125 convictions 
    • rape complainers report they are experiencing significant delays in finding out if their cases will proceed to court