Committee
Justice and Home Affairs Committee, 13 Jun 2000
13 Jun 2000 · S1 · Justice and Home Affairs Committee
Item of business
Vulnerable and Intimidated Witnesses
Thanks. We will proceed to questions, but first I want to clarify one point. Do you accept that in a criminal trial the complainer must be subjected to cross-examination?
In the same item of business
The Convener:
SNP
The first item on our agenda concerns vulnerable and intimidated witnesses. There are a number of people here today to give evidence, and I welcome first San...
Sandy Brindley (Scottish Rape Crisis Network):
The Scottish Rape Crisis Network welcomes the opportunity to come along to the Justice and Home Affairs Committee to raise our concerns about how the crimina...
The Convener:
SNP
Thanks. We will proceed to questions, but first I want to clarify one point. Do you accept that in a criminal trial the complainer must be subjected to cross...
Sandy Brindley:
Yes.
The Convener:
SNP
It is just so that we understand the basis from which we are starting. Are there any questions?
Phil Gallie:
Con
I had not intended to enter the discussion quite so early but, given the silence, I will. Can you give me an idea of the percentage of those who are charged ...
Sandy Brindley:
The percentage is very small. Until a year and a half ago, there had been no cases in Scotland. Since then, I understand that there have been around four cases.
Phil Gallie:
Con
Therefore the problem is not immense, but it is very distressing. In those cases, how many of the individuals were found guilty?
Sandy Brindley:
The legal system would be more able to advise you on the specifics than I can. I know that the most recent case was not proven and that the verdict in the ca...
Phil Gallie:
Con
The purpose of the question was to find out whether, in your opinion, the fact that someone conducts their own defence creates an intimidatory situation, whi...
Sandy Brindley:
Our experience is that it is a very traumatic ordeal for women. My knowledge of the previous two cases will be similar to the committee's in that it is taken...
Phil Gallie:
Con
I apologise for my lack of knowledge—I have picked up on the recent case only through the press. I note that a 13-year-old girl was involved and was interrog...
Sandy Brindley:
The most recent case was held in full court. There is provision for child witnesses to have the use of screens or live TV links to minimise their distress, b...
Phil Gallie:
Con
My understanding of the Children (Scotland) Act 1995 is that a minor, such as that 13-year-old, would have been entitled to be treated out of court, behind b...
Sandy Brindley:
She would have been entitled to the use of screens or live TV links. My understanding is that that was requested prior to the court case, but that she was in...
The Convener:
SNP
It is not automatic. It is decided case by case.
Phil Gallie:
Con
I seek your guidance, convener. Is it the case that the child would have had the right to demand such use?
The Convener:
SNP
I think that there is always the right to ask for such things—you cannot prevent anybody from asking—but whether or not they are granted is for the court to ...
Phil Gallie:
Con
Perhaps the Law Society of Scotland will pick up on that. Thank you, Sandy.
Mrs Lyndsay McIntosh (Central Scotland) (Con):
Con
Good morning, Sandy. I notice that in your opening remarks you mentioned that, in between 2 and 4 per cent of reported cases, the allegations are false. What...
Sandy Brindley:
We feel strongly that it is important to see the situation in context, which does not always happen in press reporting of such cases. The percentage is a tin...
Mrs McIntosh:
Con
Would not it be fair to say that such allegations trivialise the real trauma of women who have been through a rape?
Sandy Brindley:
That is difficult, because there are issues when a woman makes an allegation that is deemed to be false. In some circumstances, the only way in which a woman...
Mrs McIntosh:
Con
You mentioned confidence in the system. I notice in your submission that you state that on average only 20 per cent of women who use a rape crisis centre rep...
Sandy Brindley:
Women give various reasons. Often, it is simply that they cannot face reporting the incident, having just been raped, as that requires spending up to six hou...
Mrs McIntosh:
Con
We have a note of some of the physical effects. Pregnancy is mentioned. What percentage of rapes end in pregnancy?
Sandy Brindley:
It is a very small percentage. If I remember the research correctly, it is around 4 per cent.
Mr Gil Paterson (Central Scotland) (SNP):
SNP
Sandy, the legal profession would have us believe that under human rights legislation there are difficulties when an accused person chooses to defend themsel...
Sandy Brindley:
I am not completely clear what you are suggesting.
Mr Paterson:
SNP
If we cannot get round the human rights problem and a person is allowed to conduct their own defence and to cross-examine, could an interpreter come in for t...