Pilot of single-judge trials for rape cases will ‘not be pursued’, says Scottish Justice Secretary

Justice Secretary Angela Constance told MSPs that, having listened to the cross-party Criminal Justice Committee and a wide range of other views, there was “not enough parliamentary support at this time for the proposal”.

The change was among a number of proposed amendments to the Victims, Witnesses and Justice Reform Bill, which include removing Scotland’s ‘not proven’ verdict and increasing the current simple majority required for a criminal conviction to a two-thirds majority of jurors.

However, in line with committee recommendations, proposals to cut the jury size from 15 to 12 will be dropped.

Ms Constance said the government also plans to amend the Bill, subject to MSPs’ approval, to enable more detailed research into jury deliberations, including how rape myths may affect verdicts.

Victims of crime will also receive improved support, advice and information as part of planned reforms to the Victim Notification Scheme – to be delivered through the Bill – as announced earlier this month.

Ms Constance said: “This Bill proposes a significant package of reforms to ensure victims are placed at the heart of Scotland’s justice system, such as creating a specialist Sexual Offences Court, establishing a Victims and Witnesses Commissioner and abolishing the ‘not proven’ verdict.

“I want to build as much consensus as possible for this important legislation.

Clearly there is not enough parliamentary support at this time for the proposal to enable a time-limited pilot of single-judge trials for cases of rape and attempted rape, so we will no longer pursue this.

“I remain concerned by the substantial evidence that juries may be influenced by rape myths and I will introduce amendments to the Bill to allow for more detailed research into jury deliberations. We will undertake further work with justice partners to agree how to challenge and reduce the impact of rape myths. This might include, for example, further interventions or educational resources for jurors and the wider public.

“I believe that the most prudent approach to jury reform, including the abolition of the ‘not proven’ verdict, is to seek support for a model with two verdicts – ‘guilty’ and ‘not guilty’ – 15 jurors, and a two-thirds majority requirement for conviction.

“I look forward to working with partners and colleagues across Parliament to deliver what I believe is a shared ambition to ensure victims and witnesses are placed at the heart of the justice system and treated with compassion.”