Jamie Greene asked the Scottish Government what its response is to reported comments from the Scottish Solicitors Bar Association that its plans for juryless trials would be an affront to justice and that any proposed pilot could result in boycott action.
A retired judge has called on the Scottish Government to scrap plans for a pilot of rape and attempted rape trials without a jury, describing the move as “ constitutionally repugnant ”.
Lord Uist, a former Senator of the College of Justice before his retirement in 2021, hit out at the plans suggested in the Victims, Witnesses and Justice Reform (Scotland) Bill, claiming it could impinge on the European Convention of Human Rights (ECHR).
The pilot was recommended by another senior judge, Lady Dorrian, who undertook a review of the justice system which informed the legislation before Holyrood.
Questioned on the statements of Lord Uist, Justice Secretary Angela Constance said: “We are at the very start of a parliamentary process where the Victims, Witnesses and Justice Reform (Scotland) Bill will be debated in detail and of course scrutinised – I hope – to the very highest of standards.
“For my part, I am absolutely determined to have the highest standards of debate and scrutiny where we are focused on the substance, because we need the people of Scotland and indeed victims and complainers to be proud of the debate that we are about to embark upon.”
Ms Constance said the pilot was a “very legitimate inquiry to have” given low conviction rates for rape and attempted rape and “the prevalence of pre-conceptions” in such trials.
According to the most recent figures, the conviction rate for rape and attempted rape in Scotland is 51%, compared to a 91% overall conviction rate for all crimes.
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