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5 th North East Conference on Sexual Violence November 2011 Independent Legal Representation...
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Transcript of 5 th North East Conference on Sexual Violence November 2011 Independent Legal Representation...
5th North East Conference on Sexual Violence
November 2011
Independent Legal Representationdelivering justice or just raising expectations?
Fiona RaittDundee Law School
Delivering justiceILR and raised expectations
Independent Legal Representation - its purpose, intention, merits and effect
The promise v the reality Over-reaching in ambition in order to move
one step forwards? The conditions for productive change -
preparing the ground
A changing climate and emerging debates
30 years of law reform Impact of European Convention on HR Seismic political shifts in civic society Devolution, the feminising of parliament
government + the Crown Office Empowered third sector Rise of the victims movement
Barriers to delivery
Law and policy reforms trapped by path dependency
Apparent commitment to adversarial proceedings
Establishment complacency Arrival of ILR as “agent provocateur” Jolt to conventional thinking
Political commitments Ministerial support at Rape Crisis Scotland
conferences 2008 + 2010 MSP PQs and interventions on responses to rape Dedicated funding and consultancy status for third
sector Endorsement of gendered definition of sexual
violence and domestic abuse Stakeholders meetings initiated by Scottish
government
Law reform and new dynamics
Sexual Offences (Sc) Act 2009 – more expansive definition of rape
Criminal Justice & Licensing (Sc) Act 2010 - new disclosure regime: Bill team meeting responsive
Positive critical media reaction to ILR debates and to publication of high attrition rates in rape cases
Challenging public attitudes
Public attitudes: Amnesty Scottish survey affirms attachment to rape myths
Rape Crisis Scotland high profile campaigns: This is not an invitation to rape me Not Ever Ten top tips to end rape
Challenging juries
Paul McBryde QC breaks rank: October 2011
“We have got 15 people deciding whether a person is guilty and we know nothing about them.....A lot of trials are conducted by police statements. If a member of the jury can’t read or speak English that’s a bit of a disadvantage....It is supposed to be a jury of peers but you tend to find that most are unemployed or retired because employed people often get out of jury duty. ...”
Challenging the rules of evidence
Sexual history evidence reforms: Burman & Jamieson research: reforms blunted in practical effect
Disclosure of personal records : greater focus on credibility of rape complainants
The Carloway Review 2011 recommends abolishing corroboration: impact on rape cases uncertain
If no corroboration might there be even more focus on complainant?
COPFS positive response to disclosure concerns
Disclosure Manual available online from 2008 http://www.copfs.gov.uk/ and search “Disclosure
Manual” Full guidance on medical records [2011] http://www.copfs.gov.uk/sites/default/files/Policy%2
0on%20Sensitive%20Personal%20Records%20Policy%20%20Web%20Version%20-%20Final%204%205%2011.pdf
Tentative optimism
Renewed ministerial concern for better outcomes for those damaged by the criminal justice system
Shadows of ILR begin to enter the debates Increased references to advocacy services, dignity
and respect for victims and witnesses Scottish Government manifesto commitment to
forthcoming Victims Rights Bill The potential of further devolution