Exclusive:Rape survivors risk being 'let down' as SNP ministers fail to fund flagship sexual offences court
SNP ministers argued the sexual offences court would help cut the backlog of court cases but have not brought forward any funding for the flagship measure.
The Crown Office has warned MSPs that SNP ministers have made no money available to set up the government’s flagship sexual offences court - amid a warning survivors risk being “let down”.
The Scottish government saw its Victims, Witnesses and Justice Reform (Scotland) Act agreed by MSPs last year, paving the way to scrap the historic not proven verdict.
While the removal of not proven came into effect in January, other key measures in the legislation including a standalone sexual offences court and access to independent legal representation for victims have stalled.
The sexual offences court, a key recommendation following a review by Lady Dorrian, will allow all complainers to give evidence in advance, while survivors and witnesses will, in theory at least, face less waits for cases to be heard.
Now, in a stark letter to Holyrood’s criminal justice committee, Crown Agent and chief executive of the Crown Office and Procurator Fiscal Service (COPFS), John Logue, has warned that the Scottish government has not found the funding to press ahead with establishing the new sexual offences court.
The revelation comes after statistics published last week showed rape and attempted rape increasing by more than 30 per cent in the space of four years and funding for rape crisis advocacy services have been frozen for five years, despite the waiting list growing by 83 per cent.
Over the past year, across Scotland, 1,378 survivors of rape and sexual violence spent time on a waiting list for support to navigate the criminal justice process.
In the letter, Mr Logue told MSPs that COPFS is “actively engaged in implementation” of measures in the flagship legislation.
He added: “COPFS is represented on a number of implementation groups established under the Act and is contributing to ongoing work relating to the proposed specialist sexual offences court.
“The challenge in implementation is one of funding, as to date no additional resource has been made available to operationalise the provisions of this act with some such as the sexual offences court being a sizeable commitment.”
Justice Secretary Neil Gray is now facing pressure to set out when funding will materialise to put the legislation into action.
Scottish Conservative justice spokesman, Stephen Kerr, said: “This is further damning evidence that victims are a complete afterthought for John Swinney’s government.
“They were at great pains to champion their Victims Act but have now shamefully failed to follow through.”
He added: “Neil Gray needs to come clean and urgently explain why this funding has failed to materialise, at a time when justice resources in Scotland are already under huge strain.
“Victims cannot be badly let down once again because the SNP thought their work was done as soon as they got their plans through Parliament.”
Rape Crisis Scotland external affairs manager, Nicola Love, said: “The Scottish government has made clear commitments to survivors of rape and sexual violence, as well as other victims of crime, and that is who will be let down if these measures aren’t funded properly.
“Legislation means absolutely nothing until it is put into practice and making a difference for the people who need it.”
She added: “We want to see a clear timeline for the Victims, Witnesses and Justice Reform (Scotland) Act to be enacted - particularly around anonymity and access to independent legal representation, which survivors tell us feel especially urgent.
“The First Minister has pledged his personal leadership to tackle violence against women and girls, and that must include implementation of measures to protect survivors in the criminal justice system.”
Scottish Labour Justice spokesperson Pauline McNeill said “It is staggering that the SNP has failed to back up its plans with funding.
“Our courts are under a huge amount of pressure and victims of crime are being badly let down.
“Victims of sexual crimes need a justice system that works for them but once again the SNP appears more interested in making big announcements than delivering a system that works.”
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Scottish Liberal Democrat justice spokesperson, Yi-pei Chou Turvey, said: “The SNP have an exceptionally poor track record of making lots of commitments in legislation and then failing to do the practical work to implement them.
"The sexual offences court is at risk of suffering the same fate as greater protections for domestic abuse victims, protections which were promised in law more than five years ago, but which have yet to be implemented.”
A Scottish government spokesperson said: “The Victims, Witnesses, and Justice Reform Act puts victims at the heart of the criminal justice system and will lead to significant and meaningful improvements in their experiences.
“Some measures have been implemented already, and we are working with justice partners, including the Crown Office and Procurator Fiscal Service, on implementation planning for the remaining reforms, including the specialist sexual offences court.”
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