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  4. Jury trial provisions to drop from Coronavirus Bill

Jury trial provisions to drop from Coronavirus Bill

1st April 2020 | criminal law

The Scottish Government has bowed to pressure and dropped its proposed suspension of jury trials from the Coronavirus (Scotland) Bill.

Opposition to the provision had been building rapidly since the bill was published yesterday, with the Scottish  Criminal Bar Association and the Law Society of Scotland joining opposition parties and many individual lawyers in voicing strong opposition to the move (click here for report). This was despite a warning from Lord Justice General Carloway that the courts would face a "monumental backlog" of cases when restrictions on movement are lifted.

As the debates on the bill opened at Holyrood this morning, Cabinet Secretary Michael Russell announced that the Government would withdraw part 5 of sched 4 to the bill, the part dealing with jury trials. He said ministers would come back with a standalone bill in three weeks after consultation with the legal profession, victim organisations, the judiciary and others to try to find a better solution.

Members from all parties, along with the legal profession, have welcomed that the Government has listened to the objections.

John Mulholland, President of the Law Society of Scotland, responded: “I am reassured that the Scottish Government has listened to the concerns raised by the Law Society on behalf of our members about the possibility of allowing trials to take place without a jury in the most serious of cases. I would like to thank all our members who took the time to provide their views on this fundamental issue. We look forward to engaging positively with the Scottish Government and partners as they investigate practical ways to ensure that justice can continue to be carried out effectively during the outbreak.”

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  • Jury trials to return to the islands in spring
  • SCTS revises criminal case backlog predictions
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  • Crime figures up 3% in first full post-Covid year
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