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The voice of Scotland’s vibrant voluntary sector

Published by Scottish Council for Voluntary Organisations

TFN is published by the Scottish Council for Voluntary Organisations, Mansfield Traquair Centre, 15 Mansfield Place, Edinburgh, EH3 6BB. The Scottish Council for Voluntary Organisations (SCVO) is a Scottish Charitable Incorporated Organisation. Registration number SC003558.

Charities urge rethink over jury-free trials

This news post is almost 4 years old
 

Victim support organisations warn of a backlog of cases that could take years to clear.

Victim support organisations are calling on the Scottish Government to reconsider allowing jury-free trials during the coronavirus outbreak.

In a joint open letter, the organisations warn that blocking such trials will create an unnecessary backlog of cases while also causing additional trauma to victims.

The letter, signed by Victim Support Scotland, Rape Crisis Scotland, Scottish Women’s Aid and Assist, states: “It is unacceptable to subject victims to extra delays causing further trauma, upset and distress and we must act now to minimise.”

It comes after ministers withdrew draft proposals for emergency measures allowing trials to take place without a jury. The measures would have applied to serious cases such as murder, homicide, sexual assault and rape on a temporary basis while lockdown measures are in place.

The Scottish Courts and Tribunal Service has estimated that the decision could result in a backlog of more than 1,600 cases, which would take years for courts to clear.

Ministers are also considering proposals to reduce jury sizes to seven members, but victims’ organisations argue that this increases the risk of mistrial due to illness and could lead to greater impact upon those involved in cases.

Kate Wallace, chief executive of Victim Support Scotland said: “Mistrials have a devastating impact on victims as they are required to repeatedly re-live their trauma before a court. This can be worse than a trial not taking place. Proposals to reduce jury sizes make mistrial as a result of juror illness more likely, especially while the risk of contracting Covid-19 remains so high.

“Measures to permit jury-less trials may have been prematurely dismissed. Judge-only trials are already being used in domestic abuse cases, and far from eroding a 600-year-old ‘cornerstone’ of the Scottish legal system, this has allowed thousands of serious cases to be heard in Scotland without a jury present

“Along with Scottish Women’s Aid, Rape Crisis Scotland and Assist, Victim Support Scotland are calling on members of the Scottish Parliament to fully consider all proposals that will reduce the impact of delays caused by coronavirus on people affected by serious crime.”

The letter can be read in full online at Victim Support Scotland’s website.