Juryless trials: FOI release

Information requested

1. A full list of people/groups consulted over the justice reforms for juryless rape trials? How many defence solicitors/groups were consulted?
2. Angela Constance said that the juryless trial pilot will still go ahead on Tuesday May 8. How will these be done if no defence solicitor chooses to take part?
3. All correspondence between the justice secretary/her office and organisations and lawyers about the juryless trials between May 2023 and the date of this FOI.

Response

1. A full list of people/groups consulted over the justice reforms for juryless rape trials? How many defence solicitors/groups were consulted? 

The recommendation to consider a time limited pilot of juryless trials came from the Lady Dorrian Review into Improving the Management of Sexual Offence Cases. Full membership of the review is included at page 142. 

The Lady Dorrian Review Governance Group, established in December 2021 in response to the Lord Justice Clerk’s report, brought together partners from across the justice system to consider approaches to implementing the recommendations of the Review on a cross-sector basis. Full membership of the group can be found on the Scottish Government website. 

The Governance Group established a short life working group to undertake detailed consideration of the recommendation for consideration of a time-limited pilot of single judge rape trials. The Scottish Government has published its report providing an overview of the findings. Full membership of the working group can be found in the supporting documents. 

The Scottish Government launched the Improving victims' experiences of the justice system public consultation on 12 May 2022 and published a full independent analysis of the responses and the responses where agreement was given. Below is a list of groups who responded to the consultation: 

• Angus Women's Aid 
• ASSIST 
• British Transport Police 
• Cairn Service at 6VT Edinburgh City Youth Café 
• Campaign for Complainer Anonymity - Glasgow Caledonian University 
  Professor Chalmers (University of Glasgow), Mr Eamon Keane (University of Glasgow) and Professor Fiona Leverick (University of Glasgow) 
• Children First 
• Children & Young People's Centre for Justice 
• Children and Young People's Commissioner for Scotland COSLA Officers 
• Criminal Justice Voluntary Sector Forum 
• Dumfries & Galloway Community Justice Partnership and VAWG Sub-Committee Faculty of Advocates 
• Families outside 
• Feminism, Law and Gender Research Cluster, The Open University Forth Valley Rape Crisis Centre 
• Glasgow and Clyde Rape Crisis Centre 
• Glasgow City Council Community Justice Partnership Glasgow Violence Against Women Partnership Includem 
• Law Society of Scotland NHS Education Scotland Perthshire Women's Aid Public Health Scotland Rape Crisis Scotland SafeLives 
• Scottish Children's Report Administration 
• Scottish Commission for People with Learning Disabilities Scottish Courts & Tribunal Service 
• Scottish Criminal Cases Review Scottish Police Federation Scottish Women's Aid 
• Scottish Women's Convention 
• Senators of the High Court of the Justiciary Speak Out Survivors 
• Stirling Community Planning Partnership - Stirling Council 
• Victim Support Scotland
• Western Isles Women's Aid
• Women's Equality Party 

Members of the Faculty of Advocates and the Law Society were included in the membership of the groups referred to above and also responded to the public consultation. 

2. Angela Constance said that the juryless trial pilot will still go ahead on Tuesday May 8. How will these be done if no defence solicitor chooses to take part? 

The legal profession will have further opportunity to contribute their views on the proposal for the pilot during Parliamentary scrutiny of the Victims, Witnesses, and Justice Reform (Scotland) Bill. The Scottish Government will continue to engage with the legal profession as the Bill and proposals for the pilot move forward. 

3. All correspondence between the justice secretary/her office and organisations and lawyers about the juryless trials between May 2023 and the date of this FOI. 

The Cabinet Secretary for Justice and Home Affairs, or her office, has not received or sent any correspondence to organisations and lawyers about the proposal for a time-limited pilot of single judge rape trials between 1 May 2023 and the date of this FOI, 9 June 2023. 

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