The Scottish Solicitors Bar Association (SSBA) has accepted an invitation by the Criminal Justice Committee to give oral evidence on the Victims, Witnesses and Justice Reform (Scotland) Bill after having been initially snubbed. Simon Brown, vice-president of the SSBA, will appear before the committe
Juryless Trials
Lawyers have warned MSPs of the unacceptable risk posed by the proposal for juryless trials in rape cases. Law Society president Sheila Webster appeared before the Scottish Parliament’s Criminal Justice Committee to provide evidence on the Victims, Witnesses, and Justice Reform (Scotland) Bill
Defence lawyers are preparing to boycott the pilot scheme for juryless rape trials. The Scottish Solicitors Bar Association (SSBA) is to ballot members on the new proposal contained in the Victims, Witnesses and Justice Reform (Scotland) Bill.
Lord Advocate Dororthy Bain KC has said that the prosecution of sexual offences “just isn’t good enough” as she called for the creation of a sexual offences court in Scotland. Speaking to MSPs on Holyrood's Criminal Justice Committee, Ms Bain was giving evidence on the Scottish gov
The abolition of 'not proven' could endanger the presumption of innocence, ministers have been warned. Stuart Murray, president of the Scottish Solicitors Bar Association, told MSPs at Holyrood that the third verdict is a “safety valve” for jurors.
Tony Lenehan KC points out that the purpose of juryless trials, despite protestations to the contrary, is to raise the conviction rate in rape cases. Readers of SLN are likely tired of articles from me and my colleagues about the damage removing juries will certainly do to our criminal justice syste
Judges have re-affirmed their concerns over juryless trials in a response to the Victims, Witnesses and Justice Reform (Scotland) Bill. Senators of the College of Justice gave a divided response to the Criminal Justice Committee on introducing juryless trials in plans for a pilot scheme that has att
The Law Society of Scotland has warned that key parts of a new Scottish government bill could seriously undermine the integrity of Scotland’s criminal justice system. Responding to a call for evidence on the Victims, Witnesses, and Justice Reform (Scotland) Bill from the Scottish Parliament&rs
Donald Findlay KC has accused the Scottish government of undermining the justice system for mere "vote-gathering". His comments come in response to proposals from Scottish ministers to pilot juryless trials for rape cases and to eliminate the 'not proven' verdict.
The Criminal Justice committee is calling for views on the Victims, Witnesses, and Justice Reform (Scotland) Bill, which includes proposals for a pilot of juryless trials. The Scottish government bill aims to improve the experiences of complainers and witnesses within Scotland’s justice system
Advocates cannot act in the juryless trials pilot without the participation of solicitors, contrary to a rumour endorsed by politicians that betrays "complete ignorance" of the legal system, a senior lawyer has told Scottish Legal News. Vice-Dean of Faculty, Ronnie Renucci KC, said that, since
Scottish Legal News editor Kapil Summan speaks to historian and former Supreme Court justice, Jonathan Sumption, Lord Sumption, at his home in London. They discuss criminal reforms; the limits of law; the decline in legislative drafting in the UK; free speech and the need to stand up to the new cult
Scotland's juryless trials pilot has been criticised by retired judges south of the border. Lady Hale, formerly president of the Supreme Court, and Wendy Joseph, a former Old Bailey judge, said the scheme may undermine faith in the legal system. Their remarks came during a discussion at the Hay
Solicitor Aamer Anwar has criticised plans for juryless trials as well as former First Minister Nicola Sturgeon's comments over them. Last week, Ms Sturgeon claimed that even before “the ink was dry on the draft legislation and without a single word of debate… fixed positions had been s
The Law Commission of England and Wales has today published proposals for the reform of sexual offence prosecutions, including introducing juryless trials. Similar proposals in Scotland, predicated on research that did not use actual juries, have incurred the wrath of the legal profession in recent
