WIREDGOV

Justice Secretary meets staff at ASSIST ahead of criminal justice debate.

Too many victims of domestic abuse and other crimes committed behind closed doors are being denied their day in court, Justice Secretary Kenny MacAskill warned recently, as he visited ASSIST and Community Safety Glasgow.

Mr MacAskill, who was visiting the organisation to see the excellent work it does to provide support to the victims of domestic abuse, said that too many victims were not seeing their cases being taken to court – cases that would be prosecuted in any other jurisdiction - because of the outdated requirement for corroboration.

“Tomorrow, the Scottish Parliament will hold its Stage 1 debate on our Criminal Justice Bill which takes forward a package of significant reforms to modernise our criminal justice system. The Bill includes the proposal to abolish the corroboration requirement and remove a legal barrier which stands in the way of too many cases going forward to court, cases that would proceed elsewhere.

“No other comparable criminal justice system, including all the 47 states that are signed up to the ECHR operate a general requirement for corroboration. This means that Scotland’s legal system, as it currently stands, is denying access to justice to possibly thousands of victims a year.

“ASSIST, like many victims organisations, is doing great work to improve support to the victims of domestic abuse, while also working with Police Scotland and the domestic abuse court to ensure that the evil perpetrators of such crimes are caught and made to face the consequences of their actions. However, the fact remains that until the requirement for corroboration is abolished too many domestic abuse cases and other crimes committed behind closed doors, will be prevented from proceeding to court – denying victims their opportunity to have their day in court and access to justice.

“We have a duty to provide an effective justice system to these victims, indeed all citizens, not just those whose cases happen to meet complex corroboration rules. That is why it is vital for our reforms to go ahead, with the appropriate safeguards which will be examined through Lord Bonomy’s group.”

Mhairi McGowan, ASSIST's Head of Service said:

“The current justice system is failing victims. Credible allegations are being made, yet with the system based on corroboration, there is not the opportunity to test those allegations in court. The criteria for prosecution should be the quality of evidence available. We see clients confused and despondent and we have a duty to answer their criticisms."

Figures from a Crown Office shadow marking exercise on domestic abuse cases show that in 2012-13, 2803 charges – relating to 2,210 cases, could not be taken up because there was insufficient admissible evidence. A statistically relevant sample of 328 of those cases was assessed and found that around 60 per cent may have progressed had the new prosecutorial test applied – a test that is based on the quality and quantity of the overall evidence available and which the Crown intend to introduce once the requirement for corroboration is abolished.

Notes to editors

ASSIST which stands for Advocacy, Support, Safety, Information, Services Together, provides independent advocacy and support to victims of domestic abuse. It is jointly funded by the Scottish Government, Police Scotland, Glasgow City Council and the Glasgow Community Safety Partnership. It is based at Eastgate, Glasgow and is linked with the specialist domestic abuse courts at Glasgow Sheriff Court.

ASSIST plays a key role within a multi-agency framework that manages and reduces risk through pro-active support and safety services to victims. This co-ordination role ensures that partner agencies working with victims of domestic abuse provide the most effective and appropriate service. For further information on the main provisions in the Criminal Justice Bill see:

http://news.scotland.gov.uk/News/Criminal-Justice-Bill-published-19d.aspx

The Bill will reach its Stage 1 debate in the Scottish Parliament tomorrow.