Juryless rape trials pilot to be ditched by Scottish Government

Controversial proposals to pilot rape trials without a jury are to be ditched by the Scottish Government.

It comes amid pressure on the Government to scrap the plans after a Holyrood committee failed to back them and Scotland’s legal profession said the proposals were flawed.

The measure was in the Scottish Government’s Victims, Witnesses and Justice Reform Bill – which is set to bring in other changes including scrapping the not proven verdict and reducing the number of people required on a jury from 15 to 12.

A Holyrood committee considering the issue was split along party lines – and the law society which represents and regulates solicitors had concerns about placing the decision on guilt solely in judges’ hands.

The pilot scheme to hold rape trials without juries present was due to go ahead in late 2028.

Justice secretary Angela Constance previously said she would listen carefully to concerns from MSPs and the legal profession about the proposal.

“I want to build as much consensus as possible for this important legislation,” she said on Thursday.

“Clearly there is not enough parliamentary support at this time for the proposal to enable a time-limited pilot of single-judge trials for cases of rape and attempted rape, so we will no longer pursue this.

“I remain concerned by the substantial evidence that juries may be influenced by rape myths and I will introduce amendments to the Bill to allow for more detailed research into jury deliberations. We will undertake further work with justice partners to agree how to challenge and reduce the impact of rape myths. This might include, for example, further interventions or educational resources for jurors and the wider public.

“I believe that the most prudent approach to jury reform, including the abolition of the ‘not proven’ verdict, is to seek support for a model with two verdicts – ‘guilty’ and ‘not guilty’ – 15 jurors, and a two-thirds majority requirement for conviction.”