Chamber and committees

The provision of court transcripts to those involved in the case, other than a person convicted at the trial, is governed by Section 94(2)(b) of the Criminal Procedure (Scotland) Act 1995 which allows for, on payment of the relevant costs, and subject to the Transcripts of Criminal Proceedings (Scotland) Order 1993, the Clerk of Justiciary to direct that a transcript be made and sent to the person who requested it. A cost is therefore incurred whenever a transcript is prepared, and in common with other parts of the UK, unless in specific circumstances, those costs currently require to be met by the requester as opposed to the wider public finances.

That having been said, we have listened to campaigners and survivors on a number of concerns that have been raised about the financial challenges associated with the access to transcripts for rape and sexual offences complainers.

From 1 March 2024, the Scottish Government will be in the first in the UK to launch a pilot which will allow complainers in High Court cases involving charges of rape or sexual assault to have free access to transcripts of their court cases.

The pilot will improve our understanding of the reasons why applications are being made in these particular cases. This will include understanding the potential volume of applications and the extent to which cost has been a barrier for applying previously.

The pilot and associated evaluation process will help inform future policy and operational development, including how the criteria for accessing free transcripts may develop, the potential implications on the public finances, and whether there is a need for a change to existing legislation.