Smaller juries could restart trials

Legal experts will consider whether trials could take place with smaller juries to enable them to restart while following social distancing measures when lockdown eases.

All new jury trials in Scotland are suspended in Scotland due to the coronavirus pandemic.

Lord Carloway, the Lord Justice General, has now established a short-term working group to consider the practicalities of restarting trials by jury as and when public health guidelines permit such a move.

Experts said it was clear that, if there was still a requirement for some form of social distancing whenever lockdown restrictions ease, it would not be possible to reinstate 15-member jury trials just as they were before lockdown.

The Working Group on Restarting Solemn Trials will examine how the physical and other practical constraints on jury trials might be overcome, with alternative uses of space in the court setting and innovative use of technology to be considered.

It will also look at how far a smaller jury size will make it easier to meet social distancing requirements.

The group will consider the legislative changes needed to facilitate the necessary adjustments to trial practice and procedure, and will assess the potential effect on the rate at which trials may be processed.

Lord Justice Clerk Lady Dorrian, who will lead the group, said: “The courts have been working extremely hard to deliver justice in the current challenging circumstances. The use of remote technology, for example, is progressing to cover as many types of case as is technically possible across a wide range of criminal and civil business.

“This working group recognises the importance to the accused, to witnesses and to their families of continuing that progress.”