§ Dr. Godmanasked the Solicitor-General for Scotland what is the policy of his Department concerning the prosecution of cases of sexual offences where the complainers are children and there are no other witnesses available to give evidence.
§ The Solicitor-General for ScotlandThe policy, as reflected in departmental regulations, is to treat all offences against young children, especially those at continuing risk, as matters of especial concern. Procurators Fiscal are directed to prosecute such offences without delay in the sheriff court or High Court.
Provided sufficient evidence in law is available, the public interest will usually require that such cases be prosecuted unless there are very good reasons for not so doing. Examples of such reasons might be that the accused person is himself a child, in which case his referral to the Reporter to the Children's Panel will be considered as an alternative to prosecution, and the possibility that the ordeal for the child of giving evidence would outweigh any advantage to be gained from a prosecution.
There is no minimum legal age limit for children as witnesses, but Procurators Fiscal must satisfy themselves that children are able to give credible and comprehensive evidence, and understand the obligation to speak the truth. Procurators Fiscal are advised to interview chidren themselves, if in doubt, on these questions. Provided at least two children satisfying these requirements are available to give evidence, a prosecution call take place. If individual children speak to similar conduct by the accused, albeit on different occasions, the rule in HMA v. Moorov may he applied to create a sufficiency of evidence.
§ Dr. Godmanasked the Solicitor-General for Scotland how many cases his Department has considered in each of the past seven years of allegations of sexual offences against children; and in how many such cases a decision has been taken not to proceed on the grounds that no prosecution witness would be available other than the child concerned.
§ The Solicitor-General for ScotlandThe information is not held centrally and could not be obtained without disproportionate cost.