Exclusive: Spectre of juryless trials returns to Scotland

Exclusive: Spectre of juryless trials returns to Scotland

Scottish Legal News can reveal that a contract worth £300,000 to conduct studies on real juries has been awarded to Ipsos MORI by the Scottish government.

A notice available on Public Contracts Scotland details that the the Scottish government “wishes to commission a research project that explores real jury deliberations in rape and attempted rape cases conducted in Scotland”.

The research has been made possible by amendments to the Contempt of Court Act 1981 and “it is anticipated that the findings will actively support and enhance the principle of open justice”.

The contract was awarded as a “call off” under a pre-existing social research framework. This means there was no need for an open public tender – or press releases on the study.

Nor is it detailed who the academics conducting the study will be. The findings of a mock jury study were published in 2019. That research was undertaken by Professors James Chalmers, Fiona Leverick and Vanessa Munro and its findings were used as the basis for plans to remove juries in sexual cases – plans which have been delayed until 2028 and before which this new study will have concluded.

The contract, worth £300,000, commenced on 23 February and expires on 11 June 2027, though it may be extended to 10 December 2027.

Speaking about the research, criminal silk Thomas Ross KC told SLN: “The mock jury study made very interesting reading – but clearly suffered from the fact that people pretending to be jurors know that – whatever they decide – there will be no real life consequences for the pretend accused or the pretend complainer.

“This project meets that criticism head on – but for it to win the trust of the profession it is absolutely essential that it is conducted by researchers and academics who can be shown to be completely impartial.

“The involvement of any single academic who has previously expressed a view on jury reform would be fatal to its credibility.”

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