SPECIALIST online courts should be set up to deal with domestic abuse cases, a report has recommended.
The Virtual Trials National Project Board said that creating such courts could increase protection and reduce trauma for complainers and make it easier for witnesses to give evidence.
The board recommends that every sheriffdom in Scotland should have a dedicated virtual court for summary domestic abuse cases – those heard by a sheriff sitting without a jury.
The Board, led by Derek Pyle, Sheriff Principal of Grampian, Highland and Islands, has presented the findings to the Lord Justice General, Lord Carloway, SCTS and Justice Secretary, Keith Brown.
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Lord Carloway said: “I fully support the recommendation of the Virtual Trials National Project Board that a virtual domestic abuse summary trial court should be established in each Sheriffdom. The pilot has clearly established the merit of this proposal.”
The report, which has been welcomed by victims’ organisations, found that introducing online courts for domestic abuse cases could help mitigate delays caused by the coronavirus pandemic, which has led to a backlog in cases.
The report states there are about 33,000 summary trials outstanding, compared to about 14,000 pre-pandemic, and that about one quarter of all outstanding summary trials are domestic abuse cases.
Online trials would help efficiency by reducing the need to travel and leave existing courtroom capacity for in-person cases.
However, it acknowledged there would be challenges like the need for more staff, while legislative change would be needed to create “in effect, a presumption in favour of domestic abuse trials by electronic means”.
The board, which featured representation from across the justice system including defence agents and victims’ groups, carefully examined whether virtual trials can ensure that an accused person receives a fair trial, and concluded that they can.
Kate Wallace, Victim Support Scotland chief executive, said: “This change is long overdue. People we support in domestic abuse situations have given feedback that this way of giving evidence is more appropriate, more trauma-informed, and also means they will not come face-to-face with the accused in court.
Keith Brown, Justice Secretary, said: “I welcome this report and the opportunity to mitigate the impact caused by the coronavirus pandemic on victims of domestic abuse.”
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