The Four Bars of Scotland, England and Wales, Ireland and Northern Ireland have called on new First Minister John Swinney to abandon a pilot scheme for juryless rape trials.
The Victims, Witnesses, and Justice Reform (Scotland) Bill would see the number of jurors in criminal trials reduced from 15 to 12, remove the ‘not proven’ verdict, and could also see rape cases held without a jury.
Advocates such as Rape Crisis Scotland state that having such cases held in front of a single judge rather than a jury of the public could both make the process easier on victims and lead to more convictions for the crime.
However, the plans to pilot the scheme have proved controversial, with defence lawyers threatening to boycott amid concerns it would impinge on the accused’s right to a fair trial.
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Now four of the top lawyers in the UK and Ireland have released a joint statement criticising the proposals.
Roddy Dunlop KC, dean of the Faculty of Advocates, along with Sara Phelan SC, chair of the Bar of Ireland; Moira Smyth KC, chair of the Bar of Northern Ireland; and Sam Townend KC, chair of the Bar Council of England and Wales have urged the new First Minister to change course.
A joint statement said: "It is a matter of justifiable concern to the Four Bars that the removal of juries, made up of a cross-section of the public, for rape and other serious sexual offence trials continues to be pursued in Scotland.
"The proposal has drawn substantial and widespread criticism from academics and the majority of legal professionals.
"The evidence base demonstrating the possible benefits of such a change is narrow and there are foreseeable negative consequences., including the undermining of faith in, and respect for, the role of the jury throughout our criminal justice systems.
"Trial by a jury of one's peers is respected throughout the common law world for its veneration of democratic ideals, its age, gender and ethnic inclusiveness, and its respect for citizens' and judges' respective roles in the administration of trials of the most serious offences where loss of liberty for a long period is in contemplation.
"It is for precisely that reason that the constitutions of many common law jurisdictions recognise the importance of the right to jury trial.
"At a time when the separation of court and state, so crucial to liberal democracy, is under attack, the Four Bars stand as one in opposition to this unjustified and dangerous proposed development.
"It is hoped the new First Minister will heed these concerns and change course."
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