Could rape trials be held without jury?
Guilt should be decided in specialist court by judge alone, review urges
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.