Legal regulator reveals sexual offence cases. SCOTLAND’S ‘independent’ legal services regulator – the Scottish Legal Complaints Commission (SLCC) - has revealed it received at least five cases containing allegations of a sexual nature against members of the legal profession since 2017.
In response to a media investigation of allegations of serious sexual assault and related offences alleged to be committed by solicitors & advocates – the Scottish Legal Complaints Commission disclosed the information in response to a series of Freedom of Information requests for relevant data from 2017 to 2021.
In one of three FOI responses, the legal regulator revealed: “Five cases containing an allegation of a sexual nature have been made to the SLCC within the time period specified”
However, the Scottish Legal Complaints Commission went on to state their response came with a caveat - in that the regulator’s search may not have captured all allegations of a sexual offence nature made against solicitors & advocates
The SLCC’s Information Officer stated: “I would reiterate that the SLCC cannot determine what criminal behaviour is and therefore this figure relates to allegations of a sexual nature and we make no comment on whether they would amount to a crime. These figures are subject to a caveat that the SLCC does not record if a crime has been committed or alleged in a recordable format, therefore the above represents a search within the summary of complaint and may not capture all allegations made.”
The SLCC further confirmed four cases were referred to the relevant professional bodies for investigation by the SLCC.
However – the Scottish Legal Complaints Commission went on to admit the regulator does not hold a record of reporting any matters directly to Police Scotland or the Crown Office.
The SLCC stated: “The SLCC does not consistently record if a complaint has also been made to Police Scotland or the Crown Office, however it may be referred to by the complainer at any point. It is entirely for the complainer if they decide to inform the SLCC that they have reported the matter to any other agencies. In respect of the cases identified above, the SlCc was made aware that two of the cases were reported to another agency.”
The SLCC were asked for information in the following questions using Freedom of Information legislation to obtain responses:
1. allegations of, complaints of - and evidence provided to the SLCC of; sexual offences including alleged rape, abuse and assault - committed by solicitors and Advocates/QCs
and information contained in;
2. How many such cases have been reported to the SLCC since January 2017 to the date of this FOI request
3. How many such cases have included evidence material handed to the SLCC since January 2017 to the date of this FOI request
4. How many of these cases resulted in the SLCC reporting matters to - Police Scotland and Crown Office and Faculty of Advocates & Law Society of Scotland
How many of these cases were the SLCC aware or had been made aware these cases had also been reported to - Police Scotland and/or Crown Office, and the Faculty of Advocates and the Law Society of Scotland
The SLCC Response:
I confirm that the SLCC holds some of the information that you have requested and I have responded to each point in turn below. The SLCC endeavours to release as much information as possible. However, it has decided that some of the information you have requested is exempt from disclosure under the exemption(s) found in section(s) 25 (1) of FOISA. I have explained below the reasons for the application of the exemption(s).
1. The SLCC procedure for dealing with allegations of a criminal nature are contained within the Policy and Procedure for the SLCC Complaints Process, s 3. 4. 28. I have included a link here. The SLCC and RPOs are unable to consider an allegation of crime as such as outlined in the Manual, however we can consider if specific actions have breached the professional standards. If a member of the public is of the opinion that a criminal act has occurred, SLCC staff will advise them to contact the Police in the first instance.
2. Five cases containing an allegation of a sexual nature have been made to the SLCC within the time period specified. I would reiterate that the SLCC cannot determine what criminal behaviour is and therefore this figure relates to allegations of a sexual nature and we make no comment on whether they would amount to a crime. These figures are subject to a caveat that the SLCC does not record if a crime has been committed or alleged in a recordable format, therefore the above represents a search within the summary of complaint and may not capture all allegations made.
3. The SLCC is not able to state what would constitute evidence of a crime as it is not a criminal reporting agency. All complaints to the SLCC to be properly made must be submitted on a complaint form outlining what the complaint is and a complainer may provide whatever supporting evidence they feel appropriate. The SLCC is unable to answer this point for the above reason as we do not hold this information. As the SLCC holds no information in relation to the scope of your request, and in line with the Freedom of Information (Scotland) Act 2002, I am issuing you with a Section 17 (1) (b) Notice stating that the information is not held.
4. Four cases were referred to the relevant professional bodies for investigation by the SLCC. Please note the SLCC does not hold a record of reporting any matters directly to Police Scotland or the Crown Office.
5. The SLCC is the gateway for all legal complaints. The SLCC does not consistently record if a complaint has also been made to Police Scotland or the Crown Office, however it may be referred to by the complainer at any point. It is entirely for the complainer if they decide to inform the SLCC that they have reported the matter to any other agencies. In respect of the cases identified above, the SlCc was made aware that two of the cases were reported to another agency.
A second FOI request to the Scottish Legal Complaints Commission sought information in response to the following questions:
1. I would like to make a Freedom of Information request for information contained in; the SLCC's procedures for how to deal with allegations of, complaints of - and evidence provided to the SLCC of; acts of a criminal nature which can be prosecuted under criminal law - committed by solicitors and Advocates/QCs and information contained in;
2. How many such cases have been reported to the SLCC since January 2017 to the date of this FOI request
3. How many such cases have included evidence material handed to the SLCC since January 2017 to the date of this FOI request
4. How many of these cases resulted in the SLCC reporting matters to - Police Scotland and Crown Office and Faculty of Advocates & Law Society of Scotland
5. How many of these cases were the SLCC aware or had been made aware these cases had also been reported to - Police Scotland and/or Crown Office, and the Faculty of Advocates and the Law Society of Scotland
The SLCC Response
I confirm that the SLCC holds some of the information that you have requested. The SLCC endeavours to release as much information as possible. However, it has decided that some of the information you have requested is exempt from disclosure under the exemption(s) found in section 25 (1) of FOISA. I have explained below the reasons for the application of the exemption(s).
1. The SLCC procedure for dealing with allegations of a criminal nature are contained within the Policy and Procedure for the SLCC Complaints Process, s 3. 4. 28. I have included a link here. The SLCC and RPOs are unable to consider an allegation of crime as such as outlined in the Manual, however we can consider if specific actions have breached the professional standards. If a member of the public is of the opinion that a criminal act has occurred, SLCC staff will advise them to contact the Police in the first instance.
2. The SLCC cannot determine what criminal acts are, however I have identified 12 cases where the complainer has made reference to crimes allegedly being committed by practitioners. The SLCC can only look at complaints in terms of the Rules and Standards applicable to solicitors and advocates in Scotland and we do not consistently record where a crime has occurred or been alleged in a searchable manner. These figures are subject to a caveat that the SLCC does not record if a crime has been committed or alleged in a recordable format, therefore the above represents a search within the summary of complaint and may not capture all allegations made.
3. The SLCC is not able to state what would constitute evidence of a crime as it is not a criminal reporting agency. All complaints to the SLCC to be properly made must be submitted on a complaint form outlining what the complaint is. The SLCC is unable answer this point for the above reason as we do not hold this information. As the SLCC holds no information in relation to the scope of your request, and in line with the Freedom of Information (Scotland) Act 2002, I am issuing you with a Section 17 (1) (b) Notice stating that the information is not held.
4. With the caveat of point 2, 5 of the 12 cases were referred to the relevant professional bodies for investigation by the SLCC. Please note the SLCC does not hold a record of reporting any matters directly to Police Scotland or the Crown Office. As the SLCC holds no information in relation to the scope of your request, and in line with the Freedom of Information (Scotland) Act 2002, I am issuing you with a Section 17 (1) (b) Notice stating that the information is not held.
5. The SLCC is the gateway for all legal complaints and therefore it is not possible to make a complaint directly to the Law Society of Scotland to the Faculty of Advocates.The SLCC does not consistently record if a complaint has also been made to Police Scotland or the Crown Office, however it may be referred to by the complainer at any point. It is entirely for the complainer if they decide to inform the SLCC that they have reported the matter to any other agencies.
Given the nature of several cases where serious allegations of sexuual offences committed by members of the legal profession have been reported to the Scottish Legal Complaints Commission, and material has been provided to regulators to support such allegations – clients, and members of the public may have cause for concern - given the SLCC appears to operate a deliberate policy of failing to record such incidents or notify Police Scotland and the Crown Office.
Information which has been provided to regulators in relation to allegations of sexual offences committed by lawyers and advocates - is currently being investigated by journalists as part of a wide ranging probe of how the legal profession in Scotland deal with offences of a sexual nature committed by solicitors and advocates.
From documents and material handed to the media - which currently cannot be published for legal reasons – there are strong indications both solicitors and advocates have remained in practice, and continued to represent clients in civil hearings, and criminal trials and criminal appeals – while their clients, and accused persons - remained oblivious and uninformed as to to the nature of serious criminal allegations made against their legal representatives.
And, it appears from scrutiny of the material – which is also in the possession of MSPs – the Law Society of Scotland, the Scottish Legal Complaints Commission, and the Faculty of Advocates – have all sat on cases where allegations of a specific nature of rape, and other serious sexual assault – alleged to have been committed by named individuals within the Scottish legal profession – have been reported by clients, and victims.
In some cases currently being investigated, it can be revealed allegations reported to legal regulators – alleging serious sexual offences committed by named legal practitioners, and potential sexual misconduct committed over lengthy periods of time relating to lawyers working in the courts, and also those working for the prosecution service - have provided credible testimony where legal representatives have broken legal professional privilege in discussing cases related to clients, and accused – and have in writing – actively sought to undermine criminal trials and appeals by breaking confidentiality rules on multiple occasions.
The Judicial Office for Scotland were asked for comment on how the courts and judges should deal with legal representatives facing criminal allegations and investigations while the accused legal representative continues to represent clients, and appear in cases in court.
The media enquiry to the Judicial Office, submitted on 6 April 2021 is as follows:
Can the Judicial Office, Lord President, and Scottish Courts & Tribunals Service provide detail on what your procedures are for dealing with cases where you have been informed or become aware of: criminal complaints (including allegations of serious sexual offences) have been made against QCs, Advocates & solicitors who are representing clients in current court cases, criminal trials and appeals.
and can the Judicial Office, Lord President, and Scottish Courts & Tribunals Service comment on what steps you take to inform & notify:
current cases, criminal trials, appeals, presiding judges, clients & their legal representatives:
that allegations of criminal complaints (including allegations of serious sexual offences) against QCs, Advocates & solicitors have been notified to the Judicial Office, Lord President, and Scottish Courts & Tribunals Service
Additionally When allegations of criminal complaints (including allegations of serious sexual offences) are made to, or notified to the Judicial Office, and Scottish Courts & Tribunals Service by any or all of the following -
legal regulators such as the Faculty of Advocates, SLCC & Law Society of Scotland,PoliceScotland,Crown Office & Procurator Fiscal Service, a victim who has reported such allegations against QCs, Advocates, solicitors or law firms
What steps are then taken by the Judicial Office, Lord President and Scottish Courts & Tribunals service to ensure;
the allegations, Police investigations and any potential criminal charges do not impact on, or impede:
current cases, criminal trials & appeals currently represented by or involving the QC, Advocate or solicitor who is/are subject of criminal complaints (including allegations of serious sexual offences) ?
Does the Judicial Office, Lord President, and Scottish Courts & Tribunals Service require an Advocate or QC or solicitor who is subject to criminal complaints (including allegations of serious sexual offences) to notify:
current clients, the Scottish Courts & Tribunal Service,Crown Office,Advocate's chambers, law firm, the Judicial Office, and Lord President,The Faculty of Advocates,Scottish Legal Complaints Commission,Law Society of Scotland,and any presiding judges in current cases or criminal trials - that they are subject to a report of allegations of a criminal nature (including allegations of serious sexual offences) ?
As of date of publication, no response has been received from the Judicial Office in relation to the above media enquiry.
A Freedom of Information request to Police Scotland for information in relation to allegations of sexual offences committed by members of Scotland’s legal profession - resulted in a blanket refusal to disclose any information – on the grounds of cost of recovery of such information.
Police Scotland were asked for information in relation to:
allegations of, complaints of - and evidence provided to Police Scotland of;
sexual offences including alleged rape, abuse and assault - committed by solicitors and Advocates/QCs
and information contained in the following (from January 2017 to the date of this FOI request);
How many such cases have been reported since January 2017 to the date of this FOI request
How many such cases have included evidence material handed to Police Scotland since January 2017 to the date of this FOI request
How many of these cases resulted in Police Scotland reporting matters to - Crown Office and legal regulators Faculty of Advocates & Law Society of Scotland
How many of these cases were Police Scotland aware or had been made aware - cases reported to Police Scotland had also been reported to - the Crown Office directly, and reported by complainants to the Faculty of Advocates and the Law Society of Scotland
Police Scotland response:
Having considered your request in terms of the Act, I regret to inform you that I am unable to provide you with the information you have requested, as it would prove too costly to do so within the context of the fee regulations.
As you may be aware the current cost threshold is £600 and I estimate that it would cost well in excess of this amount to process your request.
As such, and in terms of Section 16(4) of the Freedom of Information (Scotland) Act 2002 where Section 12(1) of the Act (Excessive Cost of Compliance) has been applied, this represents a refusal notice for the information sought.
By way of explanation, it is not mandatory to record an individual’s occupation. I can further advise you that even when an occupation is recorded the only way to access this information is via each crime report. There are no relevant markers which allow the automatic retrieval of this level of information. As such this is an exercise which I estimate would far exceed the cost limit set out in the Fees Regulations.
You may be interested in our published crime statistics, which you can access via the following link: https://www.scotland.police.uk/about-us/our-performance
A media enquiry was also sent to the Crown Office and Procurator Fiscal Service (COPFS) on 29 March 2021 seeking a response
However, Andrew Coyle, Communications Manger for the Crown Office replied, stating “As per previous discussions with the Media Relations team, I'm passing your enquiry on to our Freedom of Information team for a response.”
COPFS intentionally converted the media enquiry into Freedom of Information request – with the goal of delaying a response for as long as possible.
The media enquiry to the Crown Office read as follows:
1. Can the Crown Office provide detail on your procedures for dealing with criminal complaints involving allegations of serious sexual offences against members of Scotland's legal profession
2. And, what procedures exist (including procedures for averting conflict of interest) for investigating allegations of, or criminal complaints of serious sexual offences against members of Scotland's legal profession (including Advocates & solicitors) who have previously worked at the Crown Office & Procurator Fiscal Service in any role including Advocate Depute
3. and can the Crown Office offer comment on how COPFS handle cases of, & allegations of criminal complaints (including allegations of serious sexual offences) against Advocates and QCs who have previously worked for COPFS and represented COPFS in court.
4. If the Lord Advocate and Crown Office become aware an Advocate or QC (and also an Advocate or QC who currently works for, or has previously worked for the Crown Office in any capacity) has become the subject of criminal complaints (including allegations of serious sexual offences)
Is the Crown Office & Lord Advocate obliged, or required to notify: the Scottish Courts & Tribunal Service, the Judicial Office, and Lord President,The Faculty of Advocates, Scottish Legal Complaints Commission
H Hart of the Crown Office Information and Response Unit replied on query 1 only – stating the following:
There is a general requirement that where an accused or potential accused is a member of the Crown Office & Procurator Fiscal Service (COPFS) staff the case must be reported to the office of the Deputy Crown Agent for Serious Casework (DCA SC). The case will be referred to Crown Counsel for instructions. If an allegation relates to a serving Advocate Depute, then external counsel can be appointed to oversee the investigation.
Where police report a case in which a Justice, Sheriff or other officer of the court is involved as an accused or is implicated in unlawful activities, then a report is required to be made to the DCA SC. Decisions around case marking do not require to be referred to Crown Counsel, although there are occasions where Crown Counsel’s Instructions (CCIs) are sought if the case is deemed to merit it. Factors that would be considered would include the seriousness of the alleged offending.
When a solicitor or trainee solicitor is reported to the Procurator Fiscal for criminal conduct, the DCA SCG will report the case to the Secretary of the Law Society of Scotland. Decisions around case marking do not need to be referred to Crown Counsel, although, again, there are occasions where CCIs are sought if the case is deemed to merit it. Factors that would be considered would include the seriousness of the alleged offending.
If COPFS receives a case in which an Advocate is an accused, following receipt of CCIs, the DCA SCG would write to the Dean of Faculty to make them aware. Similarly, information could be shared with the Judicial Office and/or Lord President if the accused under investigation is a serving member of the judiciary.
Media enquiries to the Faculty of Advocates on the specific nature of how the Faculty handle complaints and allegations relating to serious sexual offences involving advocates and QCs, resulted in the Faculty providing a link to their own procedures.
The Faculty of Advocates were asked the following questions for media comment:
Can the Faculty of Advocates provide detail on what your procedures are for dealing with criminal complaints (including allegations of serious sexual offences) against your members and can the Faculty of Advocates comment on how you handle cases of, & allegations of criminal complaints (including allegations of serious sexual offences) against your members
Additionally When allegations of a criminal complaints (including allegations of serious sexual offences) are made to, or notified to the Faculty of Advocates by - legal regulators such as the SLCC & Law Society of Scotland,Police Scotland,Crown Office & Procurator Fiscal Service, or a victim who has reported such allegations against your members
Does the Faculty notify the Advocate or QC who is the subject of the allegations?, and what steps are then taken by the Faculty?
Also, if there are allegations of serious sexual offences made against members of the Faculty of Advocates -
Is the Advocate or QC who is subject to the allegations allowed to continue practising in cases related to sexual offences, and/or any other criminal cases?
Is the Advocate or QC who is subject to the allegations obliged to notify their clients that they are subject to a report of allegations of a criminal nature (including allegations of serious sexual offences) ?
Is the Advocate or QC who is subject to allegations of a criminal nature (including allegations of serious sexual offences) obliged, or required to notify: the Scottish Courts & Tribunal Service, Crown Office, the Judicial Office, and Lord President, Scottish Legal Complaints Commission, Law Society of Scotland - that they are subject to a report of allegations of a criminal nature (including allegations of serious sexual offences)?
Fay McIsaac, Communications Officer for the Faculty of Advocates responded by email with the following short statement:
“The procedure for lodging a complaint against an advocate and how we handle any complaint is outlined on our website here: http://www.advocates.org.uk/making-a-complaint/how-to-make-a-complaint”
Efforts to investigate the blanket silence by legal regulators, Police Scotland, Crown Office and the Judicial Office on cases involving allegations of a serious sexual nature and other allegations of serious criminal conduct committed by members of Scotland’s legal profession - has not hampered the ongoing media probe, which continues to review new material related to allegations of criminal offences against solicitors, advocates and QCs.
All responses to Freedom of Information requests from the Scottish Legal Complaints Commission, Crown Office & Procurator Fiscal Service, and Police Scotland can be read here: SLCC COPFS PoliceScotland FOI responses related to criminal cases solicitors advocates
