Special ‘sex crimes courts’ could tackle backlog of criminal cases

SPECIALIST courts could be set up to prosecute serious sex offenders in a bid to tackle a backlog of criminal cases across Scotland.

Proposals are being looked at by ministers as part of reforms to improve the justice system for rape and sexual assault victims.

There is a backlog of 42,000 criminal cases following the closure of the courts during the pandemic. It is unclear how many of these are sexual offences but a report published by senior judge Lady Dorrian disclosed that most High Court cases involve charges of sexual violence.

Her report, now being considered by the Scottish Government, sets out proposals aimed at making court hearings less traumatic and improving the conviction rate.

Lady Dorrian said in her report that if a complainant had to attend court, supportive measures should be in place, including a separate entrance to the accuser, as well as a separate waiting room to prevent chance encounters between the two.

While Lady Dorrian did not recommend that cases should be heard by a single judge rather than a jury, she did suggest a pilot of single judges being used in rape trials.

Sandy Brindley, chief executive of Rape Crisis Scotland, said ‘radical change’ was needed. She said: ‘Rape has the lowest conviction rate of any crime type in Scotland and many rape survivors tell us that the process of seeking justice can be just as traumatic as the rape itself.’

Lady Dorrian, who is Lord Justice Clerk, recommended that ‘sex crime courts’ should have sentencing powers of up to ten years imprisonment. She said all staff, including lawyers, would need specialist training to help victims dealing with trauma. Other recommendations included allowing the accuser to pre-record evidence.

Miss Brindley said victims find giving evidence in court particularly distressing.

The Faculty of Advocates Criminal Bar Association has ‘emphatically’ rejected cases being tried by a single judge, saying a single person could not ‘deliver an open and reliable verdict’ as they would be deprived of the ‘plurality’ and diversity of a jury.

The Scottish Government said: ‘Our current consultation invites views on proposed reforms to improve the experiences and strengthen the rights of victims of crime, including through the establishment of a specialist sexual offences court with traumainformed procedures.’