Plans for specialist sexual offences court risk injustice

The proposed specialist courts would have inferior sentencing powers and would be more like a “specialist super sheriff court”, the Faculty states in a written submission to Holyrood’s Criminal Justice Committee.

The Faculty also notes that the “High Court is to have the final say on transferring cases to the specialist court thereby confirming that the proposed specialist court is an inferior forum” and writes that the High Court is a specialist court – all it requires is “further specialist training for those who conduct trials for the types of offences under discussion”.

It also points out the risk of a two-tier system for rape cases, whereby one could be tried in the High Court and another in the specialist court.

“It is difficult to see how this can be regarded as satisfactory for complainers and genuine victims of crime where the practical effect will be that similar crimes will be treated and graded differently.”

The Faculty cites an example of a possible injustice, in which the forum is decided by a factor other than the impact of the offence on the complainer.

“Why should a victim of domestic rape for example have the case in which she is a complainer prosecuted in an inferior court simply because a different accused has perpetrated the same level of abuse or violence on more than one complainer? The effect of that conduct will be the same on each rape complainer. Why should their case be treated differently?”

The advocates’ body also lent its support for anonymity for people accused of sexual offences, while endorsing the calls for complainer anonymity.

“The Faculty also believes … that consideration should also be given to affording such a right to any individuals charged with a sexual offence up until such time as they are convicted, and if not convicted their anonymity should be retained.”