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Solicitors slam juryless rape trials saying 'no other civilised country dispenses with juries in such cases'


By Scott Maclennan

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The Inverness Justice Centre. Picture: James Mackenzie.
The Inverness Justice Centre. Picture: James Mackenzie.

Lawyers across Scotland are expected to observe an almost "unanimous" boycott of a pilot scheme for juryless rape trials leaving the Scottish Government’s Victims, Witnesses and Justice Reform (Scotland) Bill in serious trouble.

Condemnation of the plans by lawyers has been especially vociferous as it is feared the plans which aim to tackle low conviction rates could seriously undermine the judicial system.

Despite First Minister Humza Yousaf defending the plan arguing that the "weight of evidence" that juries are affected by “rape myths” so a pilot of trials without juries is needed lawyers remain totally unconvinced.

At least seven bodies so far have said they would boycott the pilot and the Scottish Solicitors Bar Association slammed the proposals, saying: “No other civilised country dispenses with juries in such cases.

“Judge only trials for very serious sexual cases is an alarming development that we can see absolutely no justification for. No other civilised country dispenses with juries in such cases.

“The suggestion that juries are routinely misguided in their verdicts and in some way conviction rates need to be corrected for such offences is frankly an affront to justice and should be opposed.”

The statement went on: “It is likely the SSBA will require to ballot its members on whether or not we will take part in any such pilot.”


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