Lord Advocate issues message to reassure victims of sexual abuse following Supreme Court ruling

Victims of sexual offences will not face unnecessary intrusions on their privacy, Scotland’s chief prosecutor has said following a Supreme Court judgment.  

Lord Advocate Dorothy Bain KC has said that sexual abuse inflicted on women and children is “the single greatest challenge our justice system faces”. 

Her comments come after the UK’s highest court ruled last week that the approach taken by courts in Scotland, by restricting questions on a victim’s history, “risks depriving a defendant of their right to a fair trial”. 

The Supreme Court had been asked to consider the case of David Daly and Andrew Keir, who were appealing against convictions for rape and asking the court to decide whether they had received a fair trial, as required by article 6 of the European Convention on Human Rights. 

The court dismissed the two men's appeals, ruling they had received fair trials. However, it also ruled that Scotland’s 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”.  

In a statement to attempt to reassure victims of sexual abuse, Bain said “safeguards remain firmly in place to protect the dignity, privacy, and wellbeing of victims throughout the criminal justice process”.  

She said: “I understand sexual abuse inflicted upon women and children to be the single greatest challenge our justice system faces.  

“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.” 

She added: “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.    

“I wish to make clear that every person working on my behalf in prosecuting the perpetrators of sexual abuse and violence will uphold these safeguards robustly so that women and children feel able to give the best evidence they can.      

“All of us working within criminal justice share a responsibility and a determination to ensure the rights of all involved are protected.” 

Katrina Parkes, legal director at the Crown Office and Procurator Fiscal Service (COPFS), said Scotland’s independent prosecution service is “responding swiftly to developments in case law”.  

She said: “We have already delivered guidance and training across COPFS, and this has enabled those working on cases to respond.   

“The ruling does not automatically render existing convictions unsafe. Any appeals would be considered on a case-by-case basis through established review processes.”   

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 upmost to uphold these values at all times.”