Pilot scheme to improve access to justice.
Victims in rape and serious sexual assault cases in Scotland will
be the first in the UK to have access to transcripts from their
court cases free of charge.
The year-long pilot, commencing this week (01/03), will see
complainers whose cases are heard in the High Court be eligible
to apply for transcripts of what was said in court.
Justice Secretary said:
“We want to support victims and ensure we have a trauma-informed
justice system. We have heard from victims of serious sexual
assaults that the whole court process can be very traumatic and
it can be difficult to take in what is said in court at the time.
Being able to obtain transcripts, where victims can go over
exactly what was said in court in their own time, can help their
recovery.
“Victims have said currently the costs of paying for transcripts
can be prohibitive so our pilot will provide £100,000 funding for
court transcripts in these High Court cases. We will also
continue to work with the Scottish Courts and Tribunal Service to
see how the application of new technology might help minimise the
cost of producing transcripts for all those who wish to access
them.
“The pilot, along with the proposed reforms in the Victims,
Witnesses and Justice Reform (Scotland) Bill are aimed at
improving sexual offence victims’ experience of the justice
system so they can have confidence in it.”
Rape Crisis Scotland Chief Executive Sandy Brindley said:
“Accessing justice should never have a price tag. This pilot
means that more survivors will be able to see, in black and
white, exactly what happened at the trial of their case,
something many survivors are currently left without after their
case has concluded.
“For too long, to access transcripts, survivors were forced to
pay prices that were simply out of the reach of many. This
announcement is testament to the tireless campaigning on this
issue from survivors and our thanks go to them.”
Survivor and justice reform campaigner Ellie Wilson said:
“The introduction of the pilot is extremely welcome, and will
help to ensure transparency in the justice process and
accountability within the legal profession. Survivors should not
be priced out of accessing vital data that is relevant to their
recovery journey.
“Scotland has the opportunity to lead the way in ensuring justice
is open, fair, and accountable. This will make a real
difference to survivors and take away an unnecessary and
traumatic hurdle in their justice journey. I look forward to
remaining in dialogue with the Scottish Government to ensure the
pilot becomes permanent.”
Campaigner Hannah Stakes said:
“Finally, after half a decade I will receive the documentation
that details the two most harrowing incidents in my life - the
trial being the worst. Access to these transcripts is a basic
human right. This is my information; my life, my story, my
body and my DNA. They are a copy of the truth without an
agenda and evidence of how severely the system fails victims of
sexual assault.
“I want to express my gratitude to the Justice Committee for
listening to me back in 2021. This is a vital step towards a
fairer and more transparent system."
Background
Cases that began on or after 31 December 2006 are eligible.
Complainers in rape or sexual assault cases can apply to get the
transcripts free of charge if they are applying in the following
circumstances:
- The transcript is for a case heard in the High Court and
it involved a charge(s) of rape and/or sexual assault.
- The trial commenced on or after 31 December 2006. This date
is informed by the introduction of digital recording within the
SCTS.
This applies in cases where verdicts of guilty, not guilty and
not proven are returned.
The guidance and application form will be made available on the
Scottish Courts and
Tribunals website.
Transcripts of evidence in Criminal Trials are governed
by Section 94(2) of the Criminal
Procedure (Scotland) Act 1995 and the Transcripts of
Criminal Proceedings (Scotland) Order 1993 and these provisions
will apply to applications made as part of the pilot. See
Criminal proceedings
transcripts for more information on how to request a
transcript.
Victims and Witnesses Bill
factsheet.
