Statutory protections for victims giving evidence in sexual offence cases have not been altered by a recent Supreme Court ruling, Scotland’s chief prosecutor has stressed.
Lord Advocate Dorothy Bain KC said they would not have their privacy intruded on unnecessarily.
It comes after five judges at the UK’s highest court ruled last week that the approach taken by Scottish courts, which restricts questions on an accuser’s character or sexual history, “risks depriving a defendant of their right to a fair trial”.
The Supreme Court had been considering the case of two men, David Daly and Andrew Keir, who were appealing against convictions for rape and other sexual offences.
The pair had asked the court to decide whether they received a fair trial, as required by Article 6 of the European Convention on Human Rights.
Both appeals were dismissed and the court found “on the facts, both Mr Daly and Mr Keir received a fair trial”.
However, the judgment said Scottish courts “should modify their current approach to the admission of evidence in trials for sexual offences because it is liable to infringe defendants’ rights under Article 6 of the convention”.
First Minister John Swinney ‘open’ to national inquiry into grooming gangs in Scotland
Bonds announcement a ‘proud day for Scotland’, says Swinney
Robert Best: Suspects in court charged with murder after man’s body found in Inverclyde field
‘Safeguards remain firmly in place’
Scotland’s top law officer Dorothy Bain described sexual abuse inflicted on women and children as “the single greatest challenge our justice system faces”.
She added: “The blame for this lies with those responsible for the perpetration of such brutality. It is unacceptable and victims should feel able to speak out without further fear.
“We will continue to balance the fair handling of every case and the protection of victims, in accordance with the evidence, the law and the public interest.
“The Supreme Court ruling does not alter the statutory protections for those giving evidence.”
Follow our channel and never miss an update
Ms Bain continued: “These safeguards remain firmly in place to protect the dignity, privacy, and wellbeing of victims throughout the criminal justice process.
“The Supreme Court emphasised that any intrusion into a complainer’s privacy must be no more than is necessary to ensure that the accused receives a fair trial.”
Read more from Sky News:
Former Bangladesh PM sentenced to death
Trump urges Republicans to vote for release of Epstein files
Ms Bain said prosecutors would “uphold these safeguards robustly so that women and children feel able to give the best evidence they can”.
She added: “All of us working within criminal justice share a responsibility and a determination to ensure the rights of all involved are protected.”
Be the first to get Breaking News
Install the Sky News app for free
‘Swift response to developments’
Katrina Parkes, legal director with the Crown Office and Procurator Fiscal Service (COPFS), said they were “responding swiftly to developments in case law”.
Ms Parkes added: “We will be continuously assessing the impact of this judgment upon our work and will be providing updates to those involved in ongoing cases as necessary.
“Access to a fair and humane justice system for all is a priority for all prosecutors, and we do our utmost to uphold these values at all times.”
