Lady Dorrian Review Governance Group: Specialist Sexual Offences Court Working Group Report

Footnotes

1. Currently in terms of section 3(6) of the Criminal Procedure (Scotland) Act 1995 (the 1995 Act) the High Court has privative jurisdiction for murder, treason, rape (whether at common law or under section 1(1) of the Sexual Offences (Scotland) Act 2009 (2009 Act)), rape of a young child (under section 18 of the 2009 Act) and breach of duty by magistrates.

2. It was of the view that the High Court should however have the final say on whether such a transfer should be effected, as the Court of Session has in respect of transfer of cases within the privative jurisdiction of the sheriff court under section 92 of the Courts Reform (Scotland) Act 2014.

3. Per section 92 of the Courts Reform (Scotland) Act 2014. Subsection 5 provides, that on receiving a request, the Court of Session may, on cause shown, allow the proceedings to be remitted to the Court.

4. See HMA v Krishna Singh (judiciary.scot)

5. See Criminal Proceedings in Scotland 2020-2021, Table 7 (b) accessible at Supporting documents - Criminal proceedings in Scotland: 2020-2021 - gov.scot (www.gov.scot)

6. Guidelines on sentencing for these offences are under development by the Scottish Sentencing Council which can be found at the following link https://www.scottishsentencingcouncil.org.uk/sentencing-guidelines/guidelines-in-development/

7. See para iii, and chapter 1.

8. As specified in section 1(1) of the Court of Session Act 1988, as most recently amended by the Maximum Number of Judges (Scotland) Order 2022 (SSI 2022/96)

9. Section 20B of the Judiciary and Courts (Scotland) Act 2008

10. See Courts Reform (Scotland) Act 2014 section 46 onwards.

11. See the Court Reforms (Scotland) Act 2014

12. Chapter 5, The Courts Reform (Scotland) Act 2008.

13. See the Court Reforms (Scotland) Act 2014, sections 54-56 which introduced the role of President and Deputy President of the Sheriff Appeal Court.

14. See the Judiciary and Courts (Scotland) Act 2008.

15. McDonald v HM Advocate [2020] HCJAC 21, Donegan v HM Advocate 2019 JC 81, Dreghorn v HM Advocate 2015 SCCR 349 and e.g. CJM v HM Advocate 2013 SCCR 215; LL v HM Advocate 2018 JC 182; JG v HM Advocate 2019 HCJ 71; Lee Thomson v HM Advocate, unreported 13 December 2019; RN v HM Advocate [2020] JC 132; SJ v HM Advocate [2020] HCJAC 18; HM Advocate v JW 2020 SCCR 174; and CH v HM Advocate [2020] HCJAC 43.

16. The latest SLAB accounts suggest that the number of firms actually receiving payment for provision of criminal legal services in 2020-2021 was 402, a drop from 438 the previous year.

17. At para 3.32

18. The Law Society in July (New solicitor advocates introduced | Law Society of Scotland (lawscot.org.uk)) there has been a significant increase in the number of new solicitor advocates this year following a lull during the pandemic, with more than 20 solicitor advocates introduced to the Court so far. In 2019 the Faculty of Advocates saw the largest number of devils (26) for at least ten years start training; followed by the second largest ever group in Faculty's history in 2021 (28)- see Devils settle into training | Faculty of Advocates

19. Namely that the judiciary presiding over the court should receive trauma-informed training in best practice in the presentation of evidence of vulnerable witnesses and appointed to the court by the Lord Justice General; that members of the Faculty of Advocates, solicitor advocates, and prosecutors appearing before the court would also have received specialist trauma-informed training in dealing with vulnerable witnesses including examination techniques, in accredited courses approved by the Lord Justice General; that it was believed essential to the success of the court that administrative and support staff were experienced and well trained, with an understanding of trauma commensurate with the roles they are fulfilling, given they are usually the first contact which a complainer has when attending court, and the nature of the interaction which follows is important. It was envisaged that third sector parties and agencies supporting complainers at court will have undertaken comparable trauma-informed training as well. It was known to the Group that many of the third sector organisations represented on it had advanced this already.

20. See section 120 Legal Services (Scotland) Act 2010 and Act of Sederunt (Regulation of Advocates) 2011, para 1 and 2 which identify who is responsible for admitting persons to the public office of Advocate and the criteria and procedure for admission. See section 25A of the Solicitors (Scotland) Act 1980 in respect of solicitors seeking extended rights of audience.

21. See Improving Victims' Experiences of the Justice System, May 2022

22. Per section 92 of the Courts Reform (Scotland) Act 2014. Subsection 5 provides, that on receiving a request, the Court of Session may, on cause shown, allow the proceedings to be remitted to the Court.