Juryless Scots rape trials pilot will not start before late 2028, says Justice Secretary
16.04.2024 - 18:15
/ dailyrecord.co.uk
A pilot scheme to hold Scots rape trials without juries present would not go ahead until late 2028, the Justice Secretary has indicated.
Angela Constance said she would now listen carefully to concerns from MSPs and others within the legal profession about the proposal in the Victims, Witnesses and Justice Reform (Scotland) Bill.
The juryless rape trial plan has proved to be the most controversial part of the Bill, which introduces a number of reforms to the justice system.
The Law Society of Scotland has stated that trial by jury for serious crimes is a "basic right" and the plan should be scrapped.
MSPs on Holyrood's Justice Committee were split on the proposal, with SNP members in favour while Labour and the Conservatives opposed.
There was a similar split along all party lines on the new Bill's proposal for a new sexual offences court.
Ms Constance wrote to the committee, addressing a number of points they had raised.
She was asked to provide a clear timeline for when the various provisions of the Bill would be implemented.
Based on the assumption that the Bill passed in late 2025, she said the sexual offences court would be implemented in the fourth quarter of 2026.
The pilot would be the last element to be implemented, taking place in the fourth quarter of 2028.
Ms Constance's letter said: "Our intention is that a baselining exercise will be carried out before the pilot is run.
"This exercise will look at cases that meet the same criteria as those that will be heard in the pilot, and will review them using the same evaluation questions that will be used for the pilot."
Ms Constance noted that some members of the committee are set against the pilot.
She said: "We note members' views on the pilot and re-iterate our commitment