Scottish Government Halts Pilot Program for Juryless Rape Trials

The Scottish government has abandoned a pilot program designed to conduct trials for severe sexual offenses without a jury. This initiative aimed to have a sole judge determine guilt in cases of rape and attempted rape, with the goal of raising conviction rates. Legal professionals and members of the judiciary voiced objections to the scheme, citing potential violations of human rights legislation. Justice Secretary Angela Constance, speaking in Holyrood, stated that the proposal lacked “not enough cross-party support” to proceed, an outcome described by the Scottish Solicitors Bar Association as a “humiliating U-turn”. Nevertheless, the government intends to proceed with eliminating the ‘not proven’ verdict, a measure that enjoys cross-party backing. The proposed juryless trial, which was slated for 2028, caused division among MSPs within Parliament. The SSBA asserted that this would involve “experimenting with people’s lives” and issued a threat of boycott. During its review by the parliament’s influential criminal justice committee, the Senators of the College of Justice, who are the nation’s judges, indicated their division on the matter. Members of the committee from the SNP, including first minister John Swinney, expressed willingness to support the proposal provided that appropriate safeguards were implemented. Conversely, Conservative and Labour members of the committee opposed it. Constance stated that despite her readiness to modify the trial’s underlying provisions, she acknowledged “that there is not enough cross-party support at this time for such a pilot, irrespective of the model”. She further declared: “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.” The justice secretary affirmed her continued dedication to “exploring the impact of rape myths and improving access to justice” for victims of rape, and committed to introducing amendments that would permit research into jury deliberations. The Scottish government’s justification for the scheme was rooted in the disparity between conviction rates: approximately 84% for most crimes compared to a significantly lower rate of about 50% for rape. The government theorized this discrepancy stemmed from jurors frequently being influenced by “rape myths” – antiquated beliefs that bias their perception of a case and their assessment of whether an alleged victim is truthful regarding lack of consent. Examples of these beliefs include the notion that authentic victims would resist or flee an assailant, that they would promptly report the offense to law enforcement instead of delaying for months or years, and that they ought to display emotional distress in court. Constance had previously stated that a “compelling body of evidence” indicated jurors’ verdicts were swayed by these myths. Lady Dorrian, a senior judge, investigated the matter and proposed the pilot scheme’s trial, operating under the assumption that judges would be less susceptible to such attitudes. The Scottish government’s Victims, Witnesses and Justice Reform (Scotland) Bill, which was released in April 2023, incorporated this plan. Organizations supporting victims, such as Rape Crisis Scotland, endorsed the proposal, asserting that survivors were presently underserved by the justice system. Chief executive Sandy Brindley conveyed the charity’s “disappointed” reaction to the decision. She stated: “There is overwhelming evidence about the impact of rape myths on jury decision-making. Conviction rates for rape in Scotland remain the lowest of any crime type. “In the absence of the judge-led pilot, the focus must be on ensuring that juries are able to make decisions based on the evidence before them and not on false assumptions about rape.” Ms Brindley further expressed her approval of the announced amendments to the Contempt of Court Act, which would facilitate additional research. Liam Kerr MSP, the Scottish Conservative justice spokesman, characterized the decision as a “belated victory for common sense”. He further remarked: “We opposed many of the radical proposals within this bill, which would have undermined the integrity of Scotland’s justice system.” The legal community had previously voiced apprehension that the scheme might jeopardize the foundational principle that an accused individual is presumed innocent until their guilt is established beyond reasonable doubt. Through a social media post, the SSBA labeled the pilot scheme a “dangerous proposal”. It declared: “Our opposition was a principled campaign based on a simple premise: either all of us matter or none of us matter. Once you start taking away some people’s rights, it never ends there.” Roddy Dunlop KC, dean of the Faculty of Advocates, similarly conveyed that he was “very pleased” to learn of the plan’s abandonment. John Mulholland, the convener of the Law Society’s public policy committee, commented that it was “unfortunate” that the resolution required such an extended period to materialize, and that his group had been “deeply concerned” by the proposal. The legislation additionally included provisions to decrease the number of jurors in Scottish trials from 15 to 12, with a majority of 8 votes needed for a guilty verdict. Prosecutors from the Crown Office informed the criminal justice committee that this change could impede the attainment of convictions. It is understood that the government now intends to maintain juries at 15 members, but increase the threshold for a guilty verdict to a majority of 10. This adjustment would be presented as a counterbalance to the elimination of the ‘not proven’ verdict and recent modifications to corroboration rules. Ms Brindley stated that Rape Crisis Scotland was “extremely concerned” by this development, anticipating that it would further complicate the securing of rape convictions. Copyright 2024 BBC. All rights reserved. The BBC bears no responsibility for the content found on external websites. Information regarding our external linking policy is available.