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The pilot of non-jury rape trials is to be scrapped by the Scottish Government
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The pilot of non-jury rape trials is to be scrapped by the Scottish Government

Reuters The back of a judge's head, wearing a wig Reuters

Lawyers and judges have expressed concern that the plans could breach human rights laws

A pilot scheme to try serious sex offenses without a jury is to be scrapped by the Scottish Government.

The proposal would have seen a single judge decide whether people are guilty of rape and attempted rape in a bid to boost conviction rates.

The scheme, which is expected to be dropped in a later announcement, was criticized by lawyers and judges which he said could violate human rights laws.

The government will continue with the abolition of the unproven verdict, which has cross-party support.

The trial without a jury would have had took place in 2028but it divided the MSPs in Parliament.

The Scottish Bar Association said it would test people’s lives and threatened a boycott.

PA Media Headshot of Angela Constance, wearing glasses and hand raised, suggesting she's raising a point PA Media

The Justice Secretary spoke in favor of the pilot scheme

The Scottish Government’s reasoning was that while the conviction rate for most crimes is around 90%, for rape it is much lower at around 50%.

This was believed to be because jurors were often influenced by “rape myths” – outdated attitudes that affect how they see the case and whether or not they believe the alleged victim is telling the truth about not giving consent.

These beliefs include that genuine victims would try to fight off or escape an attacker, that they would immediately report the crime to the police rather than waiting months or even years to tell someone, and that they should act emotionally in court.

Justice Secretary Angela Constance previously said there was a “compelling body of evidence” that jurors were being swayed in their verdicts by these myths.

Chief Justice Lady Dorrian examined the issue and suggested that the pilot scheme be trialled in the belief that judges would be less likely to be swayed by such attitudes.

Mixed reaction

Of the Scottish Government The Victims, Witnesses and Justice Reform (Scotland) Bill.published in April 2023, included the plan.

Victim support groups such as Rape Crisis Scotland have backed the proposal, saying survivors are currently let down by the justice system.

However, the legal profession has expressed concern that the scheme could threaten the fundamental principle that an accused person is innocent until proven guilty beyond a reasonable doubt.

Murray Etherington, president of the Law Society of Scotland, said it would “create a serious risk of injustice”, while Thomas Ross KC said it created the possibility of a “witch hunt” against judges if they did not sentence more persons for sexual offenses.