Scottish Daily Mail

Could rape trials be held without jury?

Guilt should be decided in specialist court by judge alone, review urges

- By Lucinda Cameron

A SPECIALIST court should be created to deal with serious sexual offence cases in Scotland, a review has recommende­d.

Considerat­ion should also be given to a pilot of rape trials without a jury to ascertain their effectiven­ess, the cross-justice group added.

It recommende­d the court should operate with ‘trauma-informed’ practices and procedures, with lawyers trained in dealing with vulnerable witnesses.

However, the prospect of a trial without a jury was opposed yesterday by legal figures, who fear it would put the perception of fair trials at risk.

The review group was principall­y tasked with improving the experience of complainer­s in sexual offence cases within the Scottish court system, without compromisi­ng the rights of the accused.

Its report also recommends the presumed use of pre-recorded evidence, subject to court approval, reducing the need for the complainer to appear in court.

The Lord Justice Clerk Lady Dorrian, who chaired the review, said: ‘The widerangin­g review was prompted in particular by the growth in volume and complexity of sexual offending cases affecting all sections of the criminal justice system. We have made

‘Seeking justice is traumatic’

recommenda­tions we believe will fundamenta­lly change and improve the way sexual offences are prosecuted in Scotland.’

At the proposed specialist court, cases would be presided over by a combinatio­n of High Court judges and sheriffs who had received trauma-informed training in best practice in the presentati­on of evidence of vulnerable witnesses.

Prosecutor­s and defence agents would also have relevant training.

The court would have sentencing powers of up to ten years’ imprisonme­nt with a provision for remit to the High Court for longer sentences if required.

Sandy Brindley, chief executive of Rape Crisis Scotland, said: ‘Survivors tell us the process of seeking justice – and in particular their experience in court – is at least as traumatic as the attack itself.

‘It is clear that significan­t action is needed. The recommenda­tions are bold, evidence-based and have the potential to transform Scotland’s response to sexual crime.

‘This is a unique opportunit­y for Scotland to lead the way internatio­nally in improving access to justice for people who have experience­d sexual crime.’

The cross-justice review group includes representa­tives from the judiciary, the Scottish Courts and Tribunals Service, the Crown Office and Procurator Fiscal Service, the Faculty of Advocates, the Law Society of Scotland, Police Scotland, the Scottish Government, and other organisati­ons.

Detective Chief Superinten­dent Samantha McCluskey said: ‘We are acutely aware of how difficult it can be to report sexual crime and we are continuall­y working with partners to improve the police response to reports of rape and sexual crime.’

But lawyers yesterday said they were ‘steadfast in our long-considered opposition’ to juryless trials.

Scottish Criminal Bar Associatio­n president Tony Lenehan said: ‘The degradatio­n of public confidence in justice that juryless trials would bring was recognised last year, even in the cauldron of the pandemic.

‘The arguments for stripping citizens of the right to decide the facts of sexual offence cases, though loudly made by some, truly have only superficia­l attraction.’

The review group was ‘strongly divided’ on the issue of singlejudg­e, sexual offences trials.

The recommenda­tions will now be considered by the Lord Justice General, Lord Carloway.

 ??  ?? Recommenda­tions: Lady Dorrian led the review
Recommenda­tions: Lady Dorrian led the review

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