More reform needed to help the vulnerable: Carloway

Rape victims and child complainers and witnesses still face "outmoded" practices in court, according to the Lord Justice General.

Speaking to the BBC, Lord Carloway said that despite reforms, there were still a lot of problems with the way Scotland's justice system, which was not yet good enough at dealing with the most vulnerable witnesses.

"Some are to do with resources, some with technicalities and some to do with the use of practices we consider to be outmoded and are taking some time to change."

Since the Covid-19 pandemic, the time taken to bring cases such as rape to trial in the High Court has doubled from 22 weeks to 44, and while the courts are working to reduce the delay period, Lord Carloway conceded that "I don't see any realistic prospect of it dropping to the pre-Covid level."

This was not just because of financial considerations, "but simply because we don't have the people to cope with that" – there are now too few defence solicitors to deal with the volume of cases.

The legal profession has warned the Government repeatedly of problems caused by the number of solicitors leaving criminal defence work due to poor pay and conditions.

Lord Carloway wants to see more use made of pre-recorded evidence and cross-examination to avoid the vulnerable having to give evidence in court. He also suggested that children might avoid cross-examination, a more contentious proposal with defence lawyers.

Pre-recording is already possible, but Lord Carloway said: "My understanding is that even at sheriff and jury level, but certainly at sheriff summary level, the [provisions] are not being used extensively. Again, it's a resource issue as I understand it."

He further called for questioning of alleged victims to be trauma informed.

"We introduced some solutions but there is much work still to be done. Both in relation to children and rape complainers.

"There are significant problems here which we are addressing but we've not succeeded in solving."