246.Sections 82 and 83 set out the requirements for solicitors and advocates respectively to have the right to appear in the Sexual Offences Court.
247.Section 82(4) provides that for a solicitor to have a right of audience in the Sexual Offences Court; they must complete a course of training on trauma-informed practice which has been approved by the Lord Justice General. Where the proceedings relate to a charge of one or more of the offences set out in subsection (3), subsection (2) provides that only solicitor-advocates who meet the training requirement are entitled to appear in the Court. The offences set out in subsection (3) are murder, rape, attempted murder or rape, certain offences under section 1(1) of the Domestic Abuse (Scotland) Act 2018, offences with a minimum sentence of 5 years’ or more imprisonment, or offences in relation to which the accused is being retried following an application under section 4(3)(b) of the Double Jeopardy (Scotland) Act 2011. Subsection (8) gives the Scottish Ministers a power to modify, by regulations, the offences in relation to which solicitors who are not also solicitor-advocates do not have a right of audience. Subsection (9) sets out the persons who the Scottish Ministers must consult before making any such regulations. The Law Society of Scotland is required, under subsection (5), to keep and publish a record of solicitors who have rights of audience in the Sexual Offences Court.
248.Section 82 does not apply to prosecutors appearing on behalf of the Crown.
249.Section 83 provides that for an advocate to have a right of audience in the Sexual Offences Court; they must complete a course of training on trauma-informed practice which has been approved by the Lord Justice General. The Faculty of Advocates is required, under subsection (3), to keep a record of advocates who have rights of audience in the Sexual Offences Court. This section does not apply to prosecutors appearing on behalf of the Crown.
250.Section 84 places a requirement on the Lord Advocate to publish a statement setting out what, if any, training requirement in respect of trauma-informed practice will apply to prosecutors who will appear in the Sexual Offences Court on behalf of the Crown.
251.Section 85 requires the Scottish Ministers to carry out a review in relation to legal representation in the Sexual Offences Court, as soon as reasonably practicable after the end of the period of 5 years beginning when Part 7 of the Act comes fully into force. The review is to cover, in particular, rights of audience, legal representation, and legal aid, and the Scottish Ministers must publish a report setting out its findings, with a copy of the report being laid before the Scottish Parliament. Subsection (2) sets out the persons who the Scottish Ministers must consult in carrying out the review.
Crown Application Part 7 – Sexual Offences Court Rights of audience Sections 82, 83, 84, and 85 – rights of audience of solicitors and advocates, statement of training requirement for prosecutors, and review of rights of audience