The recommendation was included in a review by the Inspectorate of Prosecution in Scotland into the new sheriff and jury regime that has been in effect since mid-2017.

Its aim was to review and assess the effectiveness of COPFS’s investigation and prosecution of sheriff solemn business following the sheriff and jury reforms implemented in the wake of Sheriff Principal Bowen’s review into criminal procedure as it applies to solemn business.

It examined the effectiveness of procedures, processes and systems in ensuring cases are progressed expeditiously; the impact of the legislative reforms; and the individual needs of complainers.

For all victims of sexual crimes prosecuted in the High Court, COPFS has implemented a victim strategy which is dependent on receiving vulnerability reports from the police.

In addition to commitments to advise all victims of the outcome of the accused’s first appearance and bail conditions, the victim strategy entails a commitment that victim information and advice (VIA) officers will make contact by telephone within seven to 21 days for custody/bail cases where the accused has appeared in court.

The call should include introducing the VIA and the case preparer to the complainer and explaining the process and likely timescales; ascertaining the complainer’s preferred method of communication and whether they would wish an early face to face meeting with the case preparer; an assessment of vulnerabilities and special measures; discussing the complainer’s attitude to proceedings and to obtaining sensitive, personal records; signposting the complainer to support organisations, if appropriate; updating the complainer following any ‘significant event’, such as when an indictment has been served on the accused; and contacting the complainer in accordance with the level and type of communication that has been agreed.

This strategy does not currently extend to complainers in sheriff solemn cases, though a pilot scheme is underway in Glasgow.

The decision to prosecute in the High Court rather than the Sheriff Court can often be marginal and may be due to an accused’s record of previous offending rather than the seriousness of the offence.

“VIA officers expressed a desire to provide a consistent level of service to all victims of serious sexual crimes regardless of the forum. Senior members of COPFS shared this view. An approach similar to that taken in the High Court is currently being employed in Kirkcaldy and a pilot scheme is underway in Glasgow where victims of sexual crimes prosecuted in the sheriff solemn courts will be supported in the same way as those in the High Court. We welcome both developments and urge COPFS to extend the victim strategy to all victims of sexual crimes prosecuted in the solemn courts,” the inspection report states.

Miss M, who successfully sued the man cleared of raping her in criminal proceedings, told Scottish Legal News: “There is an assumption here that the provision of services in the High Court is good, but there are areas of criminal procedure that could be improved, regardless of court.

“I didn’t have much communication with the procurator fiscal, they said I could have been charged with contempt of court until the police spoke to me and realised that I just needed more support. I got that support from Victim Support Scotland and Rape Crisis Scotland.”

Kate Wallace, CEO of Victim Support Scotland, told SLN: “Victim Support Scotland supports the call for improvements to the communication and support received by victims of sexual crime at the Sheriff Court.

“Going to court is often a deeply distressing experience and giving evidence can be severely re-traumatising for victims of sexual crime. Ensuring consistent and improved procedures across both courts will give victims a fairer and more positive experience of the criminal justice system.”