Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. News and events
  3. Blogs & opinions
  4. Journal editorial October 2023

Journal editorial October 2023

9th October 2023 | By: Peter Nicholson | opinion , criminal law

With ministers having announced their intention to reconsider the intervention powers in the Regulation of Legal Services Bill, attention switches back for the time being to the Victims, Witnesses, and Justice Reform Bill, on which oral evidence sessions are now taking place before Holyrood’s Criminal Justice Committee.

Despite statements to the contrary in some documents ahead of the bill, ministers are now scrupulously keeping to the line that the reforms to the jury system (12 member juries; abolishing the not proven verdict) are not designed either to increase or decrease the conviction rate for any crime. I suspect that message has not yet fully filtered through to various campaign groups, not to mention certain sections of the public who appear to regard not proven as a get-out for the guilty rather than an expression of reasonable doubt as to guilt. Its days are probably numbered, but if so, it is clearly crucial that the intended balancing safeguards are carefully considered for their likely effect – however imperfect an exercise that will be in our present state of knowledge.

Stepping back from the bill for a moment, it is a proper matter of concern that so few complaints of rape and analogous offences do end up with a guilty verdict. While acknowledging that these often present particular difficulties of proof, it is clear that much more could be done to make the process of reporting an attack and persevering through to trial and conviction less of an ordeal for the complainer, quite apart from the formal rules surrounding the trial. (Always leaving to one side the proposed judge-only courts, likely to remain too much of a red line for the profession to have much prospect of becoming reality.) The bill does contain further measures in recognition of this, but also very important is the human contact experienced by individual complainers going through the system, at each stage.

Delays in cases coming to court can be another factor, and not only for complainers. In that regard, and of relevance across the criminal law, we should be concerned at the Lord President’s statement at the opening of the legal year, that the court authorities no longer expect to return to pre-pandemic levels of trials pending, and a “new reasonable baseline” has to be set. Whatever that may mean in terms of time to trial, it will inevitably mean a continued higher number of remand prisoners, and likely of increased temptation to plead guilty, even if wrongly, in the hope of a sentence resulting in immediate or early release. Both consequences would be very regrettable. Lord Carloway’s statement may in part follow a realisation that there simply are no longer enough criminal defence lawyers to achieve a greater throughput of cases; any such constraint would indicate that the Scottish Government’s long-term failure to maintain legal aid rates has been a false economy.

Add To Favorites

Additional

Categories

  • Equality and diversity
  • opinion
  • practice management
  • law society of scotland
  • executries
  • tax
  • mental health-adult incapacity
  • trusts-asset management
  • employment
  • europe
  • civil litigation
  • professional regulation
  • family-child law
  • criminal law
  • information technology
  • careers
  • reparation
  • human rights
  • property (non-commercial)
  • consumer
  • licensing
  • commercial property
  • planning/environment
  • insolvency
  • immigration
  • government-administration
  • welfare/benefits
  • client relations
  • education-training
  • interview
  • dispute resolution
  • corporate
  • agriculture-crofting
  • reviews
  • banking-financial services
  • intellectual property
  • New lawyers
  • Business support
  • Law Society news
  • Non-regulatory committees
  • Regulatory Committee
  • Career growth
  • International
  • Schools
  • Wellbeing
  • Member benefits
  • Professional support
  • Research and policy
  • In-house lawyers
  • Regulation
  • For the public
  • Legal aid
  • obituary
  • Public Policy Committee
  • Sustainability
  • Professional support
  • Wellbeing

News Archive

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008

Related articles

  • Journal editorial December 2023
  • Journal editorial November 2023
  • Journal editorial September 2023
  • Journal editorial August 2023
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited