Delaying court trials is causing abuse victims ‘fear and uncertainty’
Women’s Aid backs calls for jury-free cases to go ahead
Renfrewshire Women’s Aid has backed an open letter sent by victim support groups across Scotland calling for jury-free trials to go ahead during the coronavirus outbreak.
The Paisley charity has said court processes for victims of domestic abuse are already long and stressful, and that delaying them any further would add unnecessary “fear and uncertainty”.
Scottish Women’s Aid is one of four organisations that have called on MSPs to reconsider the decision, and warned blocking jury- free trials will create an unnecessary backlog of cases going to trial.
Within the letter, Victim Support Scotland, Rape Crisis Scotland, Scottish Women’s Aid and ASSIST explain the damaging and lasting impact that blocking jury-free trials will cause for some of Scotland’s most vulnerable victims and witnesses.
On April 1, the Scottish Government withdrew draft proposals from the Coronavirus ( Scotland) Bill for emergency measures allowing jury-less trials to take place. Such trials would have applied to serious cases, including murder, homicide, sexual assault and rape on a temporary basis while lockdown measures are in place to minimise the spread of Covid-19.
The letter raises a stark warning over the impact of lengthy delays to courts as a result of the necessary restriction measures which, according to data provided by the Scottish Courts and Tribunal Service (SCTS), could result in a backlog exceeding 1,600 cases.
Such a backlog will take years for the courts to address.
One proposal being considered by the Scottish Government is the reduction in jury size to seven members.
However, victims’ organisations have raised further concerns that this increases the risk of mistrial due to illness and will have a detrimental impact on victims and witnesses of having to make repeat court visits.
Rae Gilbert, of Renfrewshire Women’s Aid, said: “Mistrials would have a huge impact on women who experience domestic abuse.
“There is a large number of cases relating to domestic abuse that already go ahead without the need for a jury.
“We understand how difficult it can be for a woman to report any domestic incident to the police. We know that this is a small percentage of the number of actual incidents.
“A l ready, it can take a considerable amount of time for any charges to be brought to court, so delays would add to the anxiety, fear and uncertainty of any outcome for women, children and young people who experience domestic abuse.”
Victims’ organisations say they continue to engage positively with the Scottish Government, members of the Scottish Parliament Justice Committee and criminal justice agencies on measures related to coronavirus and people affected by crime.
The Scottish Government also announced Women’s Aid will receive a share of £350million to help protect women from domestic abuse during the coronavirus crisis.
Scottish Women’s Aid is set to receive £1.4m of the funding, to be distributed to its bases across the country.
Renfrewshire Women’s Aid says the cash boost will help it continue to provide services to women in need during the lockdown.
Delays would add to the anxiety, fear and uncertainty of any outcome for those who experience abuse