The Scottish government has decided to abandon a pilot program aimed at conducting trials for serious sexual offenses without a jury. This initiative was intended to have a single judge determine the guilt of individuals charged with rape and attempted rape, with the goal of improving conviction rates. However, it faced significant backlash from legal professionals who argued that it might infringe upon human rights legislation. During a session at Holyrood, Justice Secretary Angela Constance stated that there was insufficient cross-party support to move forward with the proposal, which the Scottish Solicitors Bar Association labeled a “humiliating U-turn.”

Despite scrapping the juryless trial, the government will continue its plan to eliminate the ‘not proven’ verdict, which has garnered broad support across political lines. The proposed juryless trials were set to commence in 2028 but became contentious among Members of the Scottish Parliament (MSPs). The SSBA expressed concerns about experimenting with people’s lives and even hinted at a potential boycott.

When the proposal was reviewed by Parliament’s criminal justice committee, judges from the College of Justice revealed their divided opinions on the matter. While some members from the Scottish National Party (SNP), including First Minister John Swinney, indicated willingness to support the initiative if proper safeguards were implemented, members from Conservative and Labour parties opposed it.

Constance acknowledged that although she was open to revising aspects of the trial framework, she recognized that there wasn’t enough cross-party backing for such a pilot program at this moment. She emphasized her commitment to examining issues surrounding rape myths and enhancing access to justice for survivors while also proposing amendments that would facilitate research into jury deliberations.

The government’s rationale for this initiative stemmed from statistics showing that while conviction rates for most crimes hover around 90%, those for rape are significantly lower, at roughly 50%. This disparity is thought to be influenced by stereotypes regarding victims and their behavior during and after assaults. Constance previously noted evidence suggesting that these myths can skew jurors' decisions.

The Victims, Witnesses and Justice Reform (Scotland) Bill introduced in April 2023 included this pilot scheme. Supporters like Rape Crisis Scotland argued that survivors are currently underserved by the justice system. Following this decision’s announcement, Chief Executive Sandy Brindley expressed disappointment but welcomed upcoming changes aimed at enhancing research possibilities related to jury behavior.

Scottish Conservative justice spokesman Liam Kerr described the government’s decision as a victory for rationality, while legal experts had voiced concerns about preserving fundamental rights within the justice system. The legislation also proposed reducing jury sizes from 15 to 12 members but has now shifted to maintaining juries at 15 while raising the majority required for conviction to 10. Critics worry this change could further complicate securing convictions in sexual assault cases.