Law Society to join jury trials working group

The Law Society is to join a short-term working group established by the Lord Justice General, Lord Carloway today, Tuesday 12 May, to consider the practicalities of recommencing trials by jury which meet public health guidelines during the Coronovirus outbreak.

John Mulholland, President of the Law Society of Scotland, said: “We are very pleased to be part of the jury trials working group which will be led by Lady Dorrian.

"Stuart Munro, a highly experienced solicitor and a longstanding volunteer member of our Criminal Law Committee, has been appointed as the Law Society’s representative.

“Ensuring people’s safety at all stages of the criminal process is paramount, from the police station right through procedural hearings in court to the indictment and trial. We will engage fully in the discussions on restarting jury trials during this exceptionally challenging time. It will be important for us to consider a comprehensive approach which can offer flexibility, including greater use of technology for witnesses giving evidence,  juror empanelling, and judges’ directions.

“We would support measures to allow the current social distancing rules to be respected and ensure the safety of all involved in the court process, including victims, witnesses and court officials. It will of course be crucial to mitigate the risk of a trial being abandoned for not meeting a statutory minimum of jurors, for example through illness.

“We would however, have concerns about reducing the number of jurors for serious cases being tried in the High Court, and think consideration will need to be given to any necessary additional steps to ensure the safety of all those involved.”

More information is available in our discussion paper which was submitted to the Scottish Government: Covid-19 and solemn criminal trials