Yousaf: Judges’ concerns on juryless rape trials will be robustly considered

Humza Yousaf has said he is “open minded” to senior judges’ concerns on proposals for juryless rape trials.

The First Minister said the Scottish Government will “robustly” listen to the Senators of the College of Justice amid its warnings that the proposed pilot scheme may not meet the European Court of Human Rights (ECHR) requirements for a fair trial.

The group – consisting of 36 of Scotland’s most senior judges from the country’s most important courts – responded in writing this week to the Criminal Justice Committee’s consideration of the Victims, Witness and Justice Reform (Scotland) Bill.

Juryless trials were first suggested by Scotland’s second most senior judge Lady Dorrian following a review of the justice system two years ago.

The pilot, if approved, would see those accused of rape or attempted rape stand trial before a single judge, instead of a jury.

Speaking at First Minister’s Questions (FMQs) on Thursday, Mr Yousaf said the judiciary’s views deserve weight – however he stressed victims and organisations like Rape Crisis Scotland, who back the Bill, should also be heard in the argument.

Lawyers across Scotland have also expressed their concerns, with many expected to boycott the pilot scheme.

The Senators of the College of Justice said: “The pilot scheme amounts to a court set up by the Government with a limited time span, and subject to examination and review by the Government. That may not be an independent tribunal.

“It may not comply with the requirements of ECHR article six. It may not be within the legislative competence of the Scottish Parliament under section 29(2) of The Scotland Act 1998. Further, the combination of such a court with judges who have no security of tenure in that court may not satisfy the requirements of a fair trial.”

The letter also expressed concern that the majority of judges are “in late middle age, male, from a white Scottish ethnic background and are educated to university level”, arguing a jury made up of people from mixed backgrounds would better represent an “independent” trial.

Mr Yousaf said on Thursday: “We will be open minded in our consideration of the legislation, that’s why the committee stage of the Bill, the evidence gathering stage, is such a crucial part of the legislative process.

“It allows us to hear quite robustly, often quite powerfully, the various arguments being put forward.

“It’s important we do give that weight, as we do also give weight to the voices that have expressed concern, not just the judiciary, but we know many members of the legal profession too.

“We will of course give that weight – we will also give the voice of victims and survivors weight… we do need to improve the experience of rape complainers.”

Mr Yousaf dismissed claims made by Scottish Conservative justice spokesman Russell Findlay that the plan “constitutes political meddling in the independence of the judiciary”.

The First Minister said it is “not Government interference” to explore the recommendations made by Lady Dorrian.

He added: “I think it doesn’t do an issue that requires great sensitivity any justice when we attempt to throw around terms like political interference.”