Chamber and committees

Victim awareness is a matter of general concern to the Scottish criminal justice system and is being pursued through the Scottish Strategy for Victims. The Scottish Police College provides training programmes to help the police meet the needs of victims of sex offences and forces have their own procedures. All probationer police officers are given training in dealing with the victims of sex offence cases. All Procurators Fiscal receive training on child sexual abuse, domestic violence and victims issues generally as part of their core introductory training. Further specialist training is regularly available. In addition, the independent Judicial Studies Committee is preparing written guidance for sheriffs and judges which is to be issued in a few months time.

In September 2000 I advised the Justice and Home Affairs Committee that I intended to establish a dedicated victims assistance service within the Crown Office and Procurator Fiscal Service. This service called the Victim Liaison Office (VLO) is one of the Crown Office and Procurator Fiscal Service commitments to providing enhanced services to victims and to meeting the objectives of the Scottish Strategy for Victims. There will be a Victim Liaison Office in each region of the Procurator Fiscal Service by Spring 2002. The precise scope of and detailed arrangements for the national service will be informed by the outcome of two pilot projects currently ongoing in Grampian and Hamilton. The service will provide emotional and practical support, case specific information and information about the criminal justice system to victims.The pilot is currently directed at, amongst other things:Victims of all serious cases where the nature of the charge is indicative of solemn proceedings;Victims in cases of domestic assault;Cases involving children who have been cited as prosecution witness;Victims in cases involving sexual offences; andAny other victim where the VLO considers that because of particular vulnerability the provision of the services would be beneficial.

The importance and sensitivity of this matter has long been recognised by the Scottish Executive and the police. Departmental guidance asks Chief Constables to do their utmost to ensure that victims of sexual assault are treated with tact and sympathy. This guidance covers matters such as medical examinations, the importance of using experienced female interviewing officers and developing in-force training, again with the purpose of providing an atmosphere of care and concern. Local procedures which have been put in place by Chief Constables will have regard to this guidance and other relevant guidance and reports, for example on domestic violence and vulnerable and intimidated witnesses. It would be for Chief Constables to decide to what extent guidance from CoSLA should be reflected in their local procedures.

There are no plans at present to create a statutory definition of rape. The law is kept under review. The Lord Advocate made a reference to the High Court on 28 June seeking clarification of the law on rape.

The prosecution of crime is itself a specialised activity. However, the prosecution of sexual offences requires not only the knowledge of the relevant law, which is common to all criminal law practitioners, but also understanding of the effect on the victim and skills in handling such cases. Relevant training is given to all prosecutors and care is taken in the allocation of such cases particularly at precognition stage. Particular issues arise in the case of offences against children and for these cases each region has highly trained, specialist legal and precognition staff who provide a resource for dealing with such cases.

The report of the Expert Panel on Sex Offending chaired by the Honourable Lady Cosgrove was published on 12 June 2001. It made a total of 73 recommendations including a recommendation that the Crown should consider leading evidence to assist the jury in a sexual offence trial to understand the likely behavioural impact on the victim of a sexual crime.The Crown Office is currently considering the report and recommendations. It is anticipated that evidence of this nature would not seek to comment on the credibility or reliability of the individual victim but would simply provide a jury with general evidence in relation to characteristic behaviour of victims which would assist the jury to evaluate their evidence.

No immediate effect on cancer care is anticipated. However, the Scottish Executive welcomes the potential opportunities offered for the future from the amalgamation of these two highly respected and well recognised organisations and hopes that the new merged charity will continue to support the work of the National Cancer Research Institute.

On 21 March this year I announced the setting up of an action group to review existing guidance, to propose any necessary revisions and to make recommendations about any further guidance the group might consider necessary. The group expects to report to ministers by October.

I refer the member to the answer I gave to question S1W-16161 on 18 June 2001.

I refer the member to the answer I gave to question S1W-16161 on 18 June 2001.