Victims' statements 'a backward step'

Mr Wallace unveiled the proposals on Tuesday

A leading defence lawyer has attacked a plan to give crime victims a voice in Scotland's courts.

Justice Minster Jim Wallace announced on Tuesday that victims would be given the chance to make a statement outlining their trauma.

The move is part of a package of measures aimed at giving more support to victims.

But some in the legal profesison have warned the proposal for victim statements is flawed.

If you raise expectations then dash them because eventually the judge takes the same decision as usual, then what is the point of it all?

George Moore

"It is a populist measure," lawyer George Moore told BBC Scotland.

"I don't think it is necessary. I think it is a backward step."

He said that while primitive justice systems were based on private vengence, the Scottish system had developed.

"We have deliberately evolved a system of prosecution in the public interest, where the victim unfortunately is just another witness.

"If there is a trial, of course, the victim has his or her say," he said.

"In any case, victims are represented by the public prosecuter who on many occasions does indicate to the bench what impact the crime has on the victim.

Victims will not have a say in sentencing

"It is not a system where we as lawyers and judges don't know what is going on and how crime affects the public."

He said the public interest often did not co-incide with the views of the victim.

"The victim will feel bad about that, but the sentence is imposed in the wider interests of the community and not just for the victim."

Mr Wallace has stressed that his proposal does not mean victims will have a say in sentencing.

And Mr Moore said: "I believe that victims will expect what they say to influence the sentence.

"If you raise expectations then dash them because eventually the judge takes the same decision as usual, then what is the point of it all?"

More support

However, he stressed that he did support the other measures which had been unveiled to give victims more support, including plans to keep them up-to-date on the progress of their case.

"Witnesses who are also victims have been treated shabbily for years in our criminal justice system," said Mr Moore.

"I wholeheartedly agree with these proposals."

However, the package has been welcomed by Victim Support Scotland director David McKenna.

One aim is to provide more information

He said: "We believe the strategy will make a substantial difference to the care and support of victims of crime in Scotland."

Mr Wallace said the emphasis would be on emotional and practical support, providing information and increased participation.

He said: "In the past, the position of victims has been unduly neglected.

"That cannot be right - their co-operation and assistance is essential in bringing criminals to justice.

"The strategy is intended to put that right by setting a framework for all agencies to work together on shared key principles - information, support and participation."

He said the victims' statements would give them a voice, but would not make them responsible for decisions.