The SNP Government has dumped its plans for juryless rape trials.The Government had been set to go ahead with a pilot scheme to hold trials for serious sexual offences without a jury.
A single judge would have decided whether people are guilty of rape and attempted rape in an attempt to increase conviction rates. The scheme was criticised by lawyers and judges who said it could breach human rights laws.
The trial had been set to take place in 2028. But SNP Justice Secretary said she “will no longer pursue this policy” because “there is not enough cross-party support”.
Constance said in a written answer: “I have already made clear my willingness to amend the provisions that enable a time-limited pilot of single judge rape trials. I recognise, however, that there is not enough cross-party support at this time for such a pilot, irrespective of the model.
“In the interests of building as much consensus as possible, I will no longer pursue this policy and bring forward relevant amendments to remove it from the Bill. I remain committed to exploring the impact of rape myths and improving access to justice for rape victims.
“As part of this work, I will bring forward amendments to allow for research to be carried out into jury deliberations, which is currently heavily restricted by the Contempt of Court Act 1981.
“I also intend to bring forward amendments at Stage 2 so that Scotland retains a 15 person jury in criminal trials. After reflecting carefully on the Criminal Justice Committee’s recommendations, and on the evidence, I believe that the most prudent approach to jury reform, including the abolition of the not proven verdict, is to seek support for a model with two verdicts (guilty and not guilty), 15 jurors, and a two-thirds majority requirement for conviction.
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