Response 9051400

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Chapter One: A Victims' Commissioner for Scotland

1. To what extent do you agree or disagree that the Victims’ Commissioner should be independent of the Scottish Government?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

2. To what extent do you agree or disagree that the Victims’ Commissioner should be a statutory role?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

3. To what extent do you agree or disagree that the Victims' Commissioner should be accountable to the Scottish Parliament?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

4. How do you think the Victims' Commissioner should be held accountable? Please select all that apply.

Please select all that apply
a) annual year report
b) multi-year strategic plan to be published and laid in the Scottish Parliament
c) other - please provide details in the box below

5. In your view, what should the main functions of the Victims’ Commissioner be? Please select all that apply.

Please select all that apply
a) raising awareness/promotion of victims’ interests and rights
b) monitoring compliance with the Victims’ Code for Scotland, the Standards of Service for Victims and Witnesses and any relevant legislation
c) promoting best practice by the criminal justice agencies and those providing services to victims, including championing a trauma-informed approach
d) undertaking and/or commissioning research, in order to produce reports and make recommendations to the Scottish Government, criminal justice agencies and those providing services to victims
e) other - please provide details in the box below
Please give reasons for your answer
Particular emphasis should be placed on providing a trauma-informed approach to all victim-related processes within the criminal justice system.

6. What do you think should be within the remit of a Victims’ Commissioner for Scotland? Please select all that apply.

Please select all that apply
a) the experience of victims in the criminal justice system
b) the experience of victims in the civil justice system
c) the experience of victims in relation to the Children’s Hearings system
d) the experience of victims resident in Scotland, but where the crime has taken place outwith Scotland
e) other - please provide details in the box below

7. What powers do you think the Victims’ Commissioner should have? Please select all that apply.

Please select all that apply
a) the power to carry out investigations into systemic issues affecting victims of crime
b) the power to require persons to give evidence in the course of an investigation
c) the power to make recommendations to the Scottish Government, criminal justice agencies and those providing services to victims
d) the power to require persons to respond to any recommendations made to them (by the Victims’ Commissioner)
e) other - please provide details in the box below

8. To what extent do you agree or disagree that the Victims’ Commissioner should be required to consult with victims on the work to be undertaken by the Commissioner?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

9. How do you think that engagement with victims should take place? Please select all that apply.

Please select all that apply
a) advisory board, including victim representatives
b) victims’ reference group
c) focussed consultations with victims
d) ad hoc engagement with victims
e) other - please provide details in the box below

10. Are there any specific groups of victims who you think the Victims' Commissioner should have a specific duty to engage with? If so, who are they and how should that engagement take place?

Please select one item
Yes - please provide details in the box below
No
Don't know
Please give reasons for your answer
Victims of violent, and in particular, sexual crimes. I think there is a need to do this through a trauma informed approach, however these are also some of the most inherently vulnerable victims.
Attention should also be paid to research on how to better support victims of domestic violence.

11. To what extent do you agree or disagree that the Victims’ Commissioner should be required to consult with organisations that work with victims, on the work to be undertaken by the Commissioner?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

12. Are there any other relevant bodies or organisations that may have an interest in the work to be undertaken by the Victims' Commissioner?

Please provide details
N/A

13. To what extent do you agree or disagree that the Victims’ Commissioner should not have the power to champion or intervene in individual cases?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

14. Are there any other matters relating to the proposal to create a Victims’ Commissioner for Scotland you would like to offer your views on?

Please provide details
The criminal justice system does not currently advocate or sufficiently support victims. This role should begin by recognising this and commissioning research/using existing research to establish a clear multi-year action plan.

Chapter Two: Options to underpin trauma-informed practice and person-centred approaches

15. Bearing in mind the general principles which are already set out in the Victims and Witnesses (Scotland) Act 2014, to what extent do you agree or disagree that a specific legislative reference to ‘trauma-informed practice’ as an additional general principle would be helpful and meaningful?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

16. To what extent do you agree or disagree that a specific reference to trauma-informed practice within the current legislative framework for the Standards of Service would be useful and meaningful?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

17. To what extent do you agree or disagree that a legislative basis for the production of guidance on taking a trauma-informed approach would be useful and meaningful?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

18. To what extent do you agree or disagree that the Court should have a duty to take such measures as it considers appropriate to direct legal professionals to consider a trauma-informed approach in respect of clients and witnesses?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

19. Should virtual summary trials be a permanent feature of the criminal justice system?

Please select one item
Yes
No
Unsure

20. If you answered yes to the previous question, in what types of criminal cases do you think virtual summary trials should be used?

Please provide details
N/A

21. To what extent do you agree or disagree with the recommendation of the Virtual Trials National Project Board that there should be a presumption in favour of virtual trials for all domestic abuse cases in the Scottish summary courts?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

22. While removing vulnerable victims from the physical court setting is beneficial in the vast majority of cases, to what extent do you agree or disagree that virtual trials offer additional benefits to the ability to give evidence by live TV link?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

23. To what extent do you agree or disagree that the existing powers in the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 are sufficient to expand the use the pre-recording of evidence of complainers of serious sexual offences?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

24. To what extent do you agree or disagree that Ground Rules Hearings should be extended to all child and vulnerable witnesses required to give evidence in the High Court, irrespective of the method in which their evidence is to be provided to the court?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

25. To what extent do you agree or disagree that the current legislative basis for court scheduling, as managed through the existing powers of the Lord President, is sufficient to inform trauma-informed practice?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

26. Are you aware of any specific legislative changes which would assist in addressing the issues discussed around information sharing? If so, please detail these.

Please provide details
N/A

27. Are there any other matters relating to the options to underpin trauma-informed practice and person-centred approaches in the justice system you would like to offer your views on?

Please provide details
I think there is a need for a clearer system of communication within the process. I have spent years for a sexual offence to reach the trial stage, and during that time there has been virtually no communication about timelines/processes unless I have actively pursued them. There is also a need for better trauma informed practise from police officers and more training should be offered to support this.

Chapter Three: Special measures in civil cases

28. To what extent do you agree or disagree that the courts should have the power to prohibit personal cross-examination in civil proceedings when the circumstances in a particular case require this measure to be taken?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

29. To what extent to do you agree or disagree that special measures should be available when required for all civil court hearings in Scotland, whether the hearings are evidential or not?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

30. Are there any other matters relating to special measures in civil cases that you would like to offer your views on?

Please provide details
N/A

Chapter Four: Review of defence statements

31. Do you support undertaking a review of the use of defence statements?

Please select one item
Yes
No
Unsure

32. If you answered yes to the previous question, how do you think this should be progressed to address the issues identified by Lady Dorrian’s Review?

Please provide details
N/A

33. Are there any other matters relating to a review of defence statements that you would like to offer your views on?

Please provide details
N/A

Chapter Five: Anonymity for complainers in sexual offence cases

34. Which one of the following best describes your view on the point in the criminal justice process when any automatic right to anonymity should take effect?

Please select one item
a) when an allegation of a sexual offence is made
b) when a person reports an alleged sexual offence to a police constable
c) when an accused person is formally charged by the police with a sexual offence
d) when criminal proceedings for a sexual offence first call in court
e) other - please provide details in the box below

35. Which of the following options describes the offences that you consider any automatic right of anonymity should apply to? Please select all that apply.

Please select all that apply
a) offences contained at section 288C of the Criminal Procedure (Scotland) Act 1995
b) intimate images offence contained at section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016
c) offences contained in the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
d) other - please provide details in the box below

36. Which one of the following best reflects your view on when any automatic right of complainer anonymity should end?

Please select one item
a) upon the death of the complainer
b) no automatic end point
c) other - please provide details in the box below

37. To what extent do you agree or disagree that the complainer should be able to set their anonymity aside?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
Please give reasons for your answer
Although I am still awaiting the trial in the case I have reported to conclude, I know that I would like to opportunity afterwards to tell my story. I have suffered from PTSD as a results of the offence, and being able to relay my own narrative of my life to those around me will be an empowering experience which helps to explain my life experiences and ongoing recovery. I think silencing victims who wish to share their story is another form of silencing many of us who have already struggled to find our voices in reporting.

38. If complainers are to be given the power to set their anonymity aside, which one of the following best reflects your view on how they should be able to do this?

Please select one item
a) unilaterally by consent of the complainer
b) following an application to the court by the complainer
c) other - please provide details in the box below

39. To what extent do you agree or disagree that children should be able to set any right to anonymity aside?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

40. If children are to be given a power to set any right of anonymity aside, to what extent do you agree or disagree that additional protections should be required prior to doing so, for example an application to the court to ensure there is judicial oversight?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

41. If children are to be given a power to set any right of anonymity aside, to what extent do you agree or disagree that there should be minimum age below which a child cannot set their anonymity aside?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

42. To what extent do you agree or disagree that the court should have a power to override any right of anonymity in individual cases?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

43. To what extent do you agree or disagree that any right of anonymity should expire upon conviction of the complainer for an offence against public justice?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

44. Which one of the following best reflects your view of the level of maximum penalty that should apply to a breach of any right of anonymity?

Please select one item
a) up to 2 years’ imprisonment and/or an unlimited fine
b) an unlimited fine
c) up to 12 months’ imprisonment and/or a fine of up to £10,000
d) other - please provide details in the box below

45. To what extent do you agree or disagree that there should be statutory defence(s) to breaches of anonymity?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

46. If you agree that there should be statutory defence(s) to breaches of anonymity, which of the following best following reflects your view of the defence(s) that should operate? Please select all that apply.

Please select all that apply
a) adopt the model of the Sexual Offences (Amendment) Act 1992 in England, Wales and Northern Ireland
b) a ‘reasonable belief’ defence
c) other - please provide details in the box below

47. Are there any other matters relating to anonymity for complainers in sexual offence cases that you would like to offer your views on?

Please provide details
N/A

Chapter Six: Introduction of independent legal representation for complainers in sexual offence cases

48. To what extent do you agree or disagree that there should be an automatic right to independent legal representation for complainers when applications under section 275 to lead sexual history or character evidence are made in sexual offence cases?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

49. To what extent do you agree or disagree that the complainer should have the right to appeal a decision on a section 275 application?

Please select one item
Strongly agree
Slightly agree
Neutral
Slightly disagree
Strongly disagree

50. To what extent do you agree or disagree that a right to independent legal representation for complainers should apply during any aspect of criminal proceedings in respect of applications under section 275 applications (including where an appeal is made)?

Please select one item
Strongly agree
Slightly agree
Neutral
Slightly disagree
Strongly disagree

51. In exceptional cases, section 275B(2) provides that an application may be dealt with after the start of the trial. To what extent do you agree that independent legal representation should apply during this aspect of the proceedings?

Please select one item
Strongly agree
Slightly agree
Neutral
Slightly disagree
Strongly disagree

52. To what extent do you agree that independent legal representation for complainers in respect of the applications under section 275 should be funded by legal aid?

Please select one item
Strongly agree
Slightly agree
Neutral
Slightly disagree
Strongly disagree

53. If you agree that independent legal representation for complainers in respect of the applications under section 275 should be funded by legal aid, how should this be provided?

Please select one item
a) under civil ABWOR
b) under criminal ABWOR
c) other - please provide details in the box below

55. Are there any other matters relating to independent legal representation for complainers in sexual offence cases that you would like to offer your views on?

Please provide details
N/A

Chapter Seven: Specialist court for sexual offences

56. To what extent do you agree or disagree that a specialist sexual offences court should be created to deal with serious sexual offences including rape and attempted rape?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

57. To what extent do you agree or disagree that, if a new specialist sexual offences court is created, it should be - as recommended by Lady Dorrian’s Review - a new court for Scotland, separate from the High Court or the Sheriff Court?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

59. To what extent do you agree or disagree that, if a specialist court is to be created, it should have jurisdiction to hear cases involving charges of serious sexual offences including rape as well as non-sexual offences which appear on the same indictment (e.g. assault)?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
Please give reasons for your answer
Duplicating the process for additional charges is a means of providing further distress to victims

60. If a specialist sexual offences court distinct from the High Court or the Sheriff Court were to be created, to what extent do you agree or disagree with Lady Dorrian’s Review that it should have a maximum sentencing power of 10 years’ imprisonment and the ability to remit cases to the High Court for consideration of sentences longer than 10 years?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

61. If you disagree that a specialist court should have a sentencing limit of 10 years’ imprisonment, what do you consider the limit should be?

Please select one item
a) unlimited
b) other - please provide details in the box below

62. If a specialist sexual offences court distinct from the High Court or the Sheriff Court were to be created, to what extent do you agree or disagree that it should be presided over by sheriffs and High Court judges?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

63. If you answered disagree to the previous question, who do you think should preside over the court?

Please select one item
a) sheriffs only
b) High Court judges only
c) other - please provide details in the box below

64. If a specialist sexual offences court distinct from the High Court and Sheriff Court were to be created, to what extent do you agree or disagree that the requirements on legal practitioners involved in the specialist court should be match those of the High Court?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

65. To what extent do you consider that legislation should require that legal professionals working in a specialist court should be specially trained and trauma informed?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

66. Are there any other matters relating to the potential creation of a specialist court for serious sexual offences you would like to offer your views on?

Please provide details
N/A

Chapter Eight: Single judge trials

67. To what extent do you agree or disagree that the existing procedure of trial by jury continues to be suitable for the prosecution of serious sexual offences including rape and attempted rape?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

68. If you have answered ‘neutral’ to the previous question, what further evidence, research or information would assist you?

Please provide details
A better understanding of the effectiveness of jury verdicts. I am also concerned that juries are not sufficiently trained to identify trauma in victims and process this in relation to testimony.

69. To what extent do you agree or disagree that trial before a single judge, without a jury, would be suitable for the prosecution of serious sexual offences including rape and attempted rape?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree

71. What do you consider to be the key potential benefits of single judge trials for serious sexual offences? Please select all that apply.

Please select all that apply
a) removal of potential bias of the jury
b) removal of concerns around rape myths
c) greater efficiency of court process including reduced trial length
d) improved court experience of the complainer
e) greater public confidence in the decision making, including the application of legal principles
f) other – please provide details in the box below
g) I do not believe that single judge trials convey any benefits for serious sexual offences
Please provide reasons for your answer
Better certainly that a qualified person is making the decision who has received appropriate trauma-related training.

72. What do you consider to be the key concerns and challenges of single judge trials for serious sexual offences? Please select all that apply.

Please select all that apply
a) less public confidence in the justice system
b) lack of diversity reflected in the pool of decision makers
c) removal of civic participation in the criminal justice system
d) undermining the use of juries for non-sexual offences
e) other – please provide details in the box below
f) I do not have any concerns
Please give reasons for your answer
More room to question verdicts.

73. If you highlighted concerns and challenges in the previous question, which of the following safeguards do you think could be put in place to mitigate these. Please select all that apply.

Please select all that apply
a) evaluation of requirement for written judgments to be prepared
b) specific training for judges
c) other – please provide details in the box below
d) none, I don’t think there are any safeguards that could be put in place

74. What additional evidence and information do you think would be useful to assess the question of the role of juries in the prosecution of serious sexual offence cases?

Please provide details
N/A

75. Lady Dorrian’s Review recommended consideration of a time limited pilot of single judge trials for offences of rape, do you have any views on how such a pilot could operate?

Please provide details
I think this is reasonable as long as additional measures are taken to ensure that victims are not negatively affected by the process.

76. Are there any other matters relating to singe judge trials that you would like to offer your views on?

Please provide details
N/A

Chapter Nine: Impact Assessments

77. Do you have any views on potential impacts of the proposals in the chapters of this consultation on human rights?

Please select one item
Yes
No
Unsure

78. Do you have any views on potential impacts of the proposals in the chapters of this consultation on equalities and the protected characteristics set out above?

Please select one item
Yes
No
Unsure
Please provide details, making reference to the specific proposal or proposals to which your comments relate.
I am concerned about lack of diversity in single judge trials.

79. Do you have any views on potential impacts of the proposals in the chapters of this consultation on children and young people as set out in the UN Convention on the Rights of the Child (UNCRC)?

Please select one item
Yes
No
Unsure
Please provide details, making reference to the specific proposal or proposals to which your comments relate.
I think there may be specific considerations that must be considered in relation to children's right to remain anonymous (right to privacy)

80. Do you have any views on potential impacts of the proposals in the chapters of this consultation on socio-economic equality?

Please select one item
Yes
No
Unsure

81. Do you have any views on potential impacts of the proposals in the chapters of this consultation on communities on the Scottish islands?

Please select one item
Yes
No
Unsure

82. Do you have any views on potential impacts of the proposals in the chapters of this consultation on privacy and data protection?

Please select one item
Yes
No
Unsure

83. Do you have any views on potential impacts of the proposals in the chapters of this consultation on businesses and the third sector?

Please select one item
Yes
No
Unsure

84. Do you have any views on potential impacts of the proposals in the chapters of this consultation on the environment?

Please select one item
Yes
No
Unsure

About you

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