Child sexual exploitation sessions Department name Child sexual exploitation sessions

The Crown Office and Procurator Fiscal Service (COPFS) Scotland’s independent public prosecution and deaths investigation service Responsible for making decisions about and bringing prosecutions for almost all criminal offences Ministerial Head is the Lord Advocate supported by the Solicitor General Department of the Scottish Government The Crown Office and Procurator Fiscal Service (COPFS) is Scotland’s only prosecution service. COPFS is headed up by the Lord Advocate who is appointed by the Queen on the recommendation of the First Minister. The Lord Advocate is the Government Minister responsible for the prosecution of crime in Scotland. He is aided by the Solicitor General, and collectively they are referred to as ‘the Law Officers’. We are an independent prosecuting authority and we prosecute in the public interest, although we are a department of the Scottish Government and referred to as ‘The Crown’. We receive reports about crimes from the police and other reporting agencies and then decide what action to take, including whether to prosecute someone. We also look into deaths that need further explanation and investigate allegations of criminal conduct against police officers. The public interest is at the heart of all we do as independent prosecutors. We take into account the diverse needs of victims, witnesses, communities and the rights of those accused of crime.

Main Duties Investigation and prosecution of crime Investigation of all sudden, suspicious or unexplained deaths Investigation of criminal complaints against police officers Procurators Fiscal Procurators Fiscal are legally qualified prosecutors who work in specialist units and offices around Scotland. Where necessary, they direct the police in investigating crime. They investigate all sudden and suspicious deaths in Scotland, conduct Fatal Accident Inquiries and handle criminal complaints against the police. For the majority of crimes in Scotland the Procurators Fiscal present cases for the prosecution in the Sheriff and Justice of the Peace Courts. Advocate Deputes Advocate Deputes are appointed by the Lord Advocate. They make decisions in serious cases and also advise Procurators Fiscal on complex or sensitive issues. Advocate Deputes also prosecute cases in the High Court, and have the opportunity to carry out some appeal work Crown Counsel Together, the Lord Advocate, Solicitor General and the Advocate Deputes are known as Crown Counsel

Criteria for decision-making Prosecution Code: In order to take any form of prosecutorial action: 1. There must be sufficient evidence that a crime has been committed and that the accused person committed that crime; AND 2. It must be in the public interest to proceed Sufficiency of evidence: - There must be two separate sources of evidence to establish that a crime has been committed and that the accused committed that crime. - This requirement is called “corroboration”.

CHALLENGES IN CSE CASES A hurdle in CSE cases is securing sufficient evidence to proceed: - Offences often take place in private, which means it can be difficult to find a second source of evidence; - Complainers may not report offences until some time after they occur, which reduces the opportunity to secure forensic evidence Where there is sufficient evidence, the public interest would normally require prosecution.

MAIN OFFENCES RELEVANT TO CSE Offences under the Sexual Offences (Scotland) Act 2009, including rape (section 1) and having intercourse with an older child (section 37) Offences of violence such as assault Offences under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005: - Principally section 1: grooming (including grooming on the internet) Offences under the Human Trafficking and Exploitation (Scotland) Act 2015: The primary objective of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 is to improve protection given to children and young people from those who wish to cause them harm. The key points for section 1 are that the perpetrator must have met or communicated with the complainer on at least one previous occasion and intended to engage in unlawful sexual activity at a subsequent meeting. There is no offence if the perpetrator reasonably believed that the complainer was 16 or over. Section 1 of the Human Trafficking and Exploitation (Scotland) Act contains an offence of human trafficking. It is an offence to do a “relevant action”, such as recruit, harbour, or transfer another person, with a view to that person being exploited. “Exploitation” includes sexual exploitation.

BARRIERS TO THE SUCCESFUL PROSECUTION OF CSE CASES Sufficiency of evidence, as previously noted Victims are very vulnerable, which can sometimes mean it is difficult to secure and maintain their engagement throughout the criminal justice process Victims not seeing themselves as victims- they may appear happy with the arrangement they have with their abuser Delayed and/or staged disclosure- can be used by the defence to discredit their evidence Quality of Joint Investigative Interviews Whilst one full account by the complainer is the ideal, it is accepted in CSE cases that this is not always possible. It is understood that these are complex crimes with often vulnerable victims who make disclosures in stages. It is more important that a complainer stays engaged, and if this means additional interviews when the complainer has additional disclosures, then that is fine. Repeated interviews going over the same facts, however, should be avoided. The importance of high-quality JIIs cannot be over-stated given its increasing use as a special measure. It is increasingly used as the child’s examination in chief under section 271M of the Criminal Procedure (S) Act 1995, sometimes along with Section 271I- Taking of evidence by a commissioner It therefore becomes even more important that the guidelines are followed and the rules applied.

SUPPORT FOR VICTIMS BY COPFS COPFS has a Victim Information and Advice (VIA) service, whose role is to provide information and advice to child and vulnerable witnesses. VIA will keep the victim informed about the progress of the case and will arrange for special measures to be in place for when the victims gives evidence. Since the Victims and Witnesses (Scotland) Act 2014, children and victims of certain offences including sexual offences and human trafficking offences are entitled to certain special measures (screen/ supporter/ TV Link or a combination). Other special measures can be applied for (including evidence in the form of a prior statement or taking evidence by a commissioner). The use of those measures by a child or deemed vulnerable witness must be justified to the court in the circumstances of the case.

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