An event was held by the Institute of Legal and Constitutional Research at the University of St Andrews on 14 October 2023 to discuss the proposed move from jury to single-judge trials for rape cases in Scotland. Present were three judges, two academic jury-researchers, a former civil servant, an academic lawyer/practitioner, and a legal historian.
Presentations covered:
- the long history of debate over use of juries in criminal and civil trials, sometimes with rhetoric resembling that in the debate over the current proposal.
- the context and development of the proposal for the pilot scheme in Scotland.
- the global context of use of juries in criminal cases.
- the evidence of jury practice in England, with a higher conviction rate in rape cases compared with Scotland, both in terms of percentage of convictions and relative to other serious crimes.
Discussion also covered the possible effects on conviction rates of other changes, notably regarding corroboration, further jury directions, and the not proven verdict. Such changes could also affect assessment of the specific effect of a move to single-judge trials.
Following the presentations and discussion it was suggested that four possible ways forward might exist:
- Retain the status quo – a position which is currently supported by much of the Scottish legal profession.
- Proceed with the pilot use of single-judge trials – as has been proposed to Parliament.
- Wait until it can be seen what effects other changes have – both to see if the pilot scheme remains necessary and, if it remains necessary, to allow interpretation of its results.
- Consider greater change, towards a more inquisitorial-style trial process, to avoid the difficulties arising from hybridity in trial process.