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Criminal Procedure Reform and Discontinuations

Letter from the Convener, Criminal Justice Committee to the Lord Advocate, 17 February 2022

Dear Lord Advocate,

Thank you for your letter of 20 January 2022.

In your letter you clarify that it is your expectation that for High Court cases, pleas offered by accused persons which a prosecutor intends to accept, and which would result in no further proceedings being taken on other charges, should be explained to the victim in advance of the case calling in court.

You indicate that it is not possible, particularly in busy summary courts with multiple cases underway and where the victim is not in attendance, to do this as a matter of standard practice. You state that advance notification in every case would not be possible without significant criminal procedure reform. Could you please provide an explanation of the significant criminal procedure reform measures that would be required and the possible implications for the Crown Office and Procurator Fiscal Service.

In response to the Committee’s request for details on the number of cases in which prosecutions were either discontinued or no prosecution was commenced in the first place related to cases involving rape, other sexual offences, and domestic abuse, you advised that in 2020-21, 32,574 cases were closed having been marked no action or no further action. Of these, 3,676 related to sexual or domestic abuse cases (11.3%).

Your letter indicates that 3,676 sexual or domestic abuse cases were closed having been marked no action or no further action. Can you please clarify what proportion of the total number of sexual or domestic abuse cases that represents?

I look forward to your response.

Best wishes,

Audrey Nicoll MSP
Convener, Criminal Justice Committee