Citizen Participation and Public Petitions Committee 25 June 2025
There are a number of aspects to your question, Mr Carlaw, and I hope that I can cover them in my response.
I understand your sense of profound change in this subject matter over the period that you have described with regard to the nature of the offending and the impact of the digital age on the victims of such crimes. We see that day and daily in our work, and we constantly strive to respond to societal changes that impact on the work of prosecutors in Scotland.
Dealing with societal change is fundamental to dealing with issues of sexual violence and violence, but tackling such a substantial challenge will require a wide response across the whole of society. It is vital that, in families at home and among peer groups in education, health and the third sector, people across Scotland challenge any harmful attitudes that are developing in young people. Although we maintain a focus on tackling offending through robust prosecution decisions, we also support broader societal efforts to promote healthy attitudes towards relationships and consent among young people and healthy and informed attitudes to the use of digital devices. The response of the prosecution service can be only—though must be—part of a wide strategy that includes appropriate education for children and their parents.
With regard to the support, protection and information given to victims during the process, I am acutely aware of the trauma experienced by victims and their loved ones as a result of the dreadful crimes that we are dealing with and talking about here, and the Crown Office and Procurator Fiscal Service is committed to improving the experience of victims within the criminal justice system.
We ensure, as far as we can—and I am working hard to make it better—that witnesses and victims are provided with information and updates about the cases with which they are involved. Where someone is a victim of sexual crime and is under the age of 18 or involved in a jury trial, they are automatically referred to the Crown Office’s victim information and advice service, known as VIA, which provides victims and witnesses with updates on the progress of the case, including bail decisions, hearing dates and court outcomes, and information to support applications for, say, non-harassment orders. The service also provides extra support for victims who are required to give evidence in court by applying for special measures and ensures that witnesses have access to their witness statements in advance of the trial and have met the trial prosecutor in advance of giving evidence.
We have a protocol with the Scottish Courts and Tribunals Service and Victim Support Scotland to ensure that all victims and witnesses have access to court familiarisation visits and in-court support and, in addition, provide case-specific information and victim information advice as well as signpost victims to other agencies that can provide them with specialist support and advocacy services, where required. We see the enormous benefit of these support agencies in assisting victims and witnesses in these cases. Their input is vital to the wraparound service that victims and witnesses require in order to go through the criminal justice system, which is a traumatic and difficult experience and requires an immense amount of support.
Historically, we have not done all that we could have done in that respect, and there is room for improvement, but I am seeking to improve things by trying very hard every day to make improvements in communication, support and correspondence and to provide better support for victims in court through victim support services and through meetings with prosecutors before and after court.
There is a lot to be done, and more can be done, but I absolutely accept that victims have to be front and centre of the criminal justice service’s response during this process. Only by giving that level of support will the public interest truly be served and will victims and witnesses give of their best in the system.