Further improvement is needed in the way the Crown Office manages sexual history and character evidence in trials, a watchdog has recommended.
HM Inspector of Prosecutions in Scotland said advances had been made recently but complainers need to be kept better informed of developments.
The inspectorate examined the Crown Office’s practices in relation to the use of complainers’ sexual history or character evidence in sexual offence trials.
Sections 274 and 275 of the Criminal Procedure (Scotland) Act are designed to protect complainers from irrelevant or distressing questioning about their character or sexual behaviour when giving evidence in trials.
The inspectorate made nine recommendations, eight for the Crown Office and one for the Scottish Government.
They are designed to keep complainers better informed about Section 275 applications, where the defence wish to lead such evidence.
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Laura Paton, chief inspector of prosecution in Scotland, acknowledged this area of the law was complex for prosecutors, defence agents and judges.
She said: “They, nonetheless, share a strong desire to ensure complainers are not subject to inappropriate or unnecessary intrusions upon their dignity and privacy.”
She continued: “We found the quality of Crown applications to be generally good, and they usually opposed applications made by the defence when it was appropriate to so do.
“However, there remains scope for further improvement.
“The Crown has already begun to address the report’s recommendations by publishing new guidance, but more work is needed to make sure policies and guidance are effectively implemented.”
More can be done to speak to complainers about Section 275 orders in a “sensitive, trauma-informed and complainer-led way”, she said.
The Lord Advocate Dorothy Bain KC said she accepted the recommendations of the inspectorate’s report.
She said: “I am grateful to the inspectorate for doing such a thorough piece of work on this important topic. It is a priority for all prosecutors that complainers are treated with dignity and respect, and that they are not subjected to inappropriate questioning during a trial.
“The observations and recommendations made in relation to engagement with complainers are of particular interest to me.
“COPFS (Crown Office and Procurator Fiscal Service) is committed to improving the experience of complainers in serious sexual offence cases, both in enhancing its own processes, for example through their ongoing review of its Victim Information and Advice function, and in working with partners across the criminal justice sector.
“I was pleased to see that the inspectorate noted that Crown applications under this section of law were generally good and that it has developed its practices.
“However, there remains improvement work to be done, and I have instructed that this is taken forward as a matter of urgency.”
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