Scotland's chief prosecutor has moved to reassure victims of sexual offences that their statutory protections remain fully intact, despite a recent Supreme Court judgment concerning defendants' rights to a fair trial.
Court Ruling on Trial Procedures
Five judges at the UK's highest court ruled last week that the current approach in Scottish courts, which restricts questioning about an accuser's character or sexual history, risks depriving a defendant of their right to a fair trial. The judgment emerged from appeals brought by two men, David Daly and Andrew Keir, who were convicted for rape and other sexual offences.
While both men's appeals were ultimately dismissed, with the court finding they had received fair trials, the judges stated that Scottish courts should modify their current approach to evidence admission in sexual offence cases to prevent potential breaches of Article 6 of the European Convention on Human Rights.
Lord Advocate's Firm Assurance
Lord Advocate Dorothy Bain KC, Scotland's top law officer, responded emphatically to the ruling, stating that statutory protections for victims giving evidence have not been altered. She stressed that victims would not have their privacy intruded upon unnecessarily and that existing safeguards remain firmly in place.
Ms Bain described sexual abuse against women and children as the single greatest challenge our justice system faces, placing blame squarely with those who perpetrate such brutality. She emphasised the importance of victims feeling able to speak out without further fear.
Balancing Rights in Justice System
The Crown Office and Procurator Fiscal Service (COPFS) confirmed they are responding swiftly to developments in case law. Legal director Katrina Parkes stated that continuous assessment of the judgment's impact is underway, with updates provided to those involved in ongoing cases as necessary.
Ms Bain reiterated that prosecutors would uphold these safeguards robustly to ensure women and children feel able to give their best evidence. She affirmed that all parties working within criminal justice share responsibility for protecting the rights of everyone involved in the process.
The Supreme Court itself emphasised that any intrusion into a complainer's privacy must be no more than necessary to ensure the accused receives a fair trial, maintaining the delicate balance between victim protection and defendant rights that forms the cornerstone of the British justice system.
