Meeting of the Parliament 08 March 2023
I think that I said previously to Pam Gosal in the chamber that we will consider the proposal sympathetically when we see more detail. I give that commitment again today.
It is the case that most victims of sexual crime are women. In 2020-21, the overall conviction rate for all crimes and offences in Scotland was 91 per cent. For rape and attempted rape, the figure was just 51 per cent. We also know that only a minority of rapes are reported to the police in the first place. Obviously, it would not be appropriate for any Government to seek a blanket increase in the conviction rate: conviction is a matter for independent courts. However, we have a duty to address systemic barriers to justice and the many challenges that women face at each stage of a criminal justice process that was designed by—and, to a very significant extent, for—men.
In last year’s programme for government, we committed to introducing a new criminal justice reform bill before this summer. That bill, which I am pleased to say is on track for introduction before the summer, will propose far-reaching reforms to the criminal justice system. Among other proposals, it will address the “not proven” verdict, consider how rape trials should be conducted and seek to implement key recommendations from Lady Dorrian’s review of management of sexual offences. I will not be in the Government when Parliament considers that bill, but I will be a strong advocate for it from the back benches.
Obviously, I cannot go into detail on that bill’s provisions today, but I want to highlight one important aspect of it, which is linked to an announcement that I was pleased to make this morning at the University of Glasgow. One especially intrusive aspect of criminal procedure arises when requests are made to lead evidence about a victim’s sexual history or so-called bad character. As a result, Lady Dorrian highlighted in her review the importance of victims having access to automatic independent legal representation in those circumstances. The Scottish Government is supportive of that, so I can confirm that the forthcoming bill will propose that women have access to free independent legal representation in those circumstances.