§ 47. Mr. Dewarasked the Solicitor-General for Scotland whether he will initiate a study in his Department into the way in which the Crown Office proceeds in cases involving a charge of rape and, in particular, into the admissibility of evidence about the complainants previous character in such trials.
§ The Solicitor-General for ScotlandA report prepared by the Scottish Law Commission will, very shortly, be presented to Parliament, containing recommendations covering the law of evidence in relation to rape and other sexual offences. In addition, the Scottish Home and Health Department is undertaking a research study into sexual assaults, including rape cases. The findings of this research will also be published in due course.
§ Mr. DewarI welcome the news that the report will be before the House shortly. Will the hon. and learned Gentleman look closely at the possibility of reform, particularly in view of the anxiety over the rules of evidence governing the admissibility of evidence of a complainer's previous sexual character and possibly, as well, the right to publish the name of the accused before conviction, both of which are matters on which there has been legislation south of the border?
§ The Solicitor-General for ScotlandThe report that will be published shortly will cover the first matter that the hon. Gentleman has raised. It remains to be seen whether it will make a recommendation precisely along the lines of the legislation south of the border. I can only suggest to the hon. Gentleman that he awaits the outcome of the report. He will be aware that this matter was considered carefully by the Scottish Law Commission.