Lawyers oppose jury-less trials plan

Opposition MSPs and legal profession slam emergency powers move during crisis

Emergency powers to hold trials without juries during the coronavirus crisis have been attacked by the legal profession and opposition politicians.

Nicola Sturgeon intends to rush plans for jury-less trials and early release of prisoners through Holyrood in an attempt to deal with the coronavirus threat.

The first minister claimed prisoners would only be released before the end of their sentence as a “last resort” as she outlined the urgent measures contained in the Coronavirus (Scotland) Bill.

But on the eve of a Holyrood vote on the powers, opposition politicians and the legal profession objected to plans to temporarily abandon juries and allow judges and sheriffs to determine the outcome of major cases.

Opponents of the controversial plans claimed they undermined justice and a centuries old Scottish legal tradition as the Tories and Lib Dems vowed to oppose them in the Scottish Parliament.

Less controversially, the legislation also includes protection for private and social sector tenants, preventing them from being evicted for six months.

The main points of the legislation were set out at the daily coronavirus briefing attended by Ms Sturgeon and Constitution Secretary Michael Russell.

The move to jury-less trials has been proposed in order to keep the wheels of justice turning in a way that allows the public to maintain social distancing.

However, it was condemned by the Scottish Criminal Bar Association (SCBA), who said trying people without a jury undermined their right to justice.

Ronnie Renucci, QC, president of the SCBA, said: “The proposals in this Bill include attacks on principles that have been built over 600 years and are at the very cornerstone of Scotland’s criminal justice system and democratic tradition.

“Any changes, however temporary, should not erode important principles of our legal system which would have the effect of undermining or ignoring the citizen’s rights to justice. They should not at a stroke remove the fundamental principle of the right of those citizens charged with serious offences to a trial by a jury of their peers within a reasonable time.”

The Lib Dems laid amendments to the legislation objecting to trials without a jury on the eve of a Holyrood debate and vote on the emergency legislation.

Lib Dem justice spokesman Alex Cole-Hamilton said: “Justice cannot be compromised. It’s not safe for juries to be in close proximity at the moment, but this problem is not insurmountable.

“Jury trials should be suspended, as they have been in England and Wales, while we find new places courts can meet where jurors are at a safer distance from one another.”

The Conservatives said they supported “the majority” of the emergency legislation, but not the jury proposal.

“There are some amendments we would like to make, such as removing the proposal to end jury trials,” said Murdo Fraser, Tory MSP.